REPUBLIC OF THE PHILI! DEPARTMENT OF THE INTERIOR AND HON. LIMTAJAR B. HASSAN Vice-Mayor Lugus, Sulu Dear Hon. Hassan: This has reference to your letter dated 08 Apr 2015, requesting the Department's confirmation as| election as Vice-Mayor of Lugus, Sulu in the May consecutive term limit rule proscribed under Sectioy and reiterated in Section 43 (b) of Republic Act No} of 1991, 1! Per your letter, you and Al-Halik Butlengar Mayor in the 2007 local elections, However, Mr. winner. For this, you filed an election protest doc! Regional Trial Court (RTC) Branch 25-Sia: elected Vice-Mayor of Lugus. You performed tbe di Vice-Mayor for less than ten (10) nionths or the em Thus, your subject letter-query. Your query was impeiled by the express pr 1987 Constitution and Section 43 (b) of RA 7160 p} elective local officials, thus: “SECTION. 8. The cerm of office o barangay officials, which shalf be determin| shall serve for more and no such offici Voluntary renunciation of the office for ah considered as an interruption in the continui for which he was elected. IO} (b) No local elective official shall Vol ime shail not be consic consecutive terms in the same position. for any length of Continuity of service for the full term concerned was elected. xxx” ” IPPINES, LOCAL GOVERNMENT DILG Legal Opinion No. 14, S. 2015 MAY 2.5 2015 11 2015, which we received on 12 May to whether you can still run for re~ [2016 Elections in view of the three- 8, Article X of the 1987 Constitution 7160 or the Local Government Code ‘were rivals to the position of Vice- Alalik Burlengen was declared as jeted as EPC No. 04-25-07 before the er, the RTC declared you as the duly- ities and functions of the Office of the jaining period for the term 2007-2010. Wisions of Section 8, Article X of the oviding the three-term limit rule for elective local officials, except d by law, shall be three years khan chree consecutive terms. by leagth of rime shall not be ty of bis service for the full term jerve for more than three (3) |ntary renunciation of the office sred as an interruption in the or which the elective officialIn the landmark case of Borja %s. COMELEC! and further bolstered in the case of Lonzanida vs. COMELEC?, the Supreme Court cohsistently held that in order for the aforementioned three-consecutive term limit rule to hpply to elective local officials holding the same position, the following requisites must confur: (1) that the official concerned has been elected for three consecutive tens in the same local governmeht post; and (2) that he has filly served three consecutive terms. ' As to the first requisite, the RTC’s consequent declaration that you were the duly elected Vice-Mayor of Lugus satisfies such requisite, As to the second requisite, we are of the view that the same is not present in your case. ‘The Department finds the ruling of the Supreme Court in Mayor Abelardo Abundo, Sr. vs, COMELEG and Ernesto R.- Vege? (hereinafter referred to as the “Abundo case’) instructive. In the aforesaid Abundo case, Abundo vied for the position of municipal mayor of Viga, Catanduanes for four (4) successive regular elkctions, namely, the 2001, 2004, 2007 and 2010 national and local elections. fn both the 20D! and 2007 elections, he emerged and was proclaimed as the winning mayoralty carfdidate and accordingly served the corresponding terms as mayor. In the 2004 election, however, the Viga Municipal Board of Canvassers initially proclaimed as winner one Jose Torres, who, in due time, performed the functions of the office of mayor. {bundo protested Torres’ election and proclamation, Abundo was eventually declared the winnetof che 2004 mayoralty slectoral contest, paving the way for his assumption of office starting 09 May 2006 until the end of the 2004-2007 term on 30 June 2007, or for a period of a little overjone year and one month. ‘Then came the 10 May 2010 elections where Abundo and Torres again opposed each other. When Abundo filed his certificate of candidacy for the mayoralty seat relative to this electoral contest, Torres lost no time in seeking the former's disqualification to run predicated on the three-consecutive term limit rule. The Regional Trial Court (RTC) granted Toxres’ petition and declared Abundo ineligible to serve as Municipal Mayor of Viga, Catanduanes. Abundo appealed the RTC Dedision to the Commission on Elections (COMELEC) but the COMELEC (2* Division) affifmed the RTC ruling. Abundo filed a Motion for Reconsideration with the COME! EC (Ep Banc) but the same was denied. The foregoing prompted Abundo to file a. Petition for Gertiorari under Rule 65 before the Supreme Court where said court ruled: , “As previously stated, tl of being the’ winner in an election protest grams the local Blected official the right to serve the unexpired portion of the term. Verily, whilz he was declared winner in the _ a | 2 G.8 No, IXH95, September 3, 1958 2G,R, No, 135150, july 28, 1999, > GIR. No. 201716, 08 January 2013protest for the mayoralty seat for the 2004-2007 term, Abundo’s full term ‘has_been substantially reduced by the actual_service rendered by his opponent (Torres). Hance, ther: sntary interruption inthe term of Abundo and ie cannot be considered to have served the full 2004- 2007 term, This is what happened in che |nscant case, Ie cannot be overemphasized that pending the favorable resolution of his election protest, Abundo was relegated to being an ordinary cpnstituent since his opponent, as presumptive victor in the 2004 elections, |was occupying the mayoralty seat, In other words, for almost two years or-krom July i, 2004—the start of the term—until May 9, 2006 or daring which his opponent actually assumed the mayoralty office, Abundo was a private citizen warming his heels while awaiting the outcome of his protest. Hence, dven if declared lever as having the right t0 serve the elective positién from July 1, 2004, such declaration would not erase the fact that'prior to the finality of the election protest, Abundo did not serve in the mayor's office anid, in fact, had no legal right to said position.” (Emphesis Supplied) Applying the Supreme Court ruling in the Aundo case to your case, the less than ten (10) months for which you served as vice-mayor for the term 2007-2010 appears to be an interruption, which effectively removed your cate from the ambit of the three-term limit rule. Thank you. Vergtruly yours, | as i AUSTERE A, PANADERO Undersecretary Ly7 eet o i DEORE ss: ATTY. ANWAR A. MALANG fe anno Regional Secretary, DILG ARMM ARMM Complex, Cotabato City