Deana Kaye A.

Ouano Law 172

2011-23961

Roberto Laceda, Sr. v. Randy L. Limena and COMELEC

571 SCRA 603 | November 25, 2008 | Syllabus Topic: Term Limits and Recall

This case stemmed from a petition for disqualification filed by Randy Limena against Roberto
Laceda, Sr. on October 23, 2007, six days before the Barangay and Sangguniang Kabataan Elections,
where both are candidates for Punong Barangay of Barangay Panlayaan, West District, Sorsogon City.
Limena claims that Laceda had already served three consecutive terms since 1994 and that he should be
barred from running for the fourth time based on Sec. 2 1 of Republic Act No. 9164. Limena attached a
certification from the Department of Interior and Local Government stating that Laceda had been
elected as Punong Barangay of Barangay Panlayaan on May 9, 1994, May 12, 1997, and July 15, 2002.

Laceda, on the other hand, admits being elected for three consecutive terms but claims that
while during his first and second election Sorsogon was still a municipality, Sorsogon was already a city
during his third election. COMELEC disqualified him and cancelled his certificate of candidacy. His
motion for reconsideration was likewise denied. Laceda then filed a petition for certiorari before the
Supreme Court, which the latter dismissed for failure to sufficiently show that COMELEC committed
grave abuse of discretion in declaring him disqualified. Laceda moved for reconsideration which the
Court denied with finality.

The Court affirmed Laceda’s disqualification based on Sec. 2 of R.A. No. 9164 and Sec. 432 of the
Local Government Code (LGC). The intention of Sec. 2, R.A. No. 9164 and Sec. 43, LGC is to broaden the
choices of the electorate by disqualifying officials from holding the same office after nine (9) years.
Citing Lonzanida v. COMELEC, the Court said that two requisites must concur for the prohibition to
apply: (1) the official concerned has been elected for three consecutive terms in the same local
government post; and (2) that he or she has fully served three consecutive terms. Both requisites are
present in the case of Laceda because despite the conversion of the municipality of Sorsogon to a city,
the territorial jurisdiction of Barangay Panlayaan remained the same.

1
SEC. 2. Term of Office. —The term of office of all barangayand sangguniang kabataan officials after the effectivity
of this Actshall be three (3) years.
No barangay elective official shall serve for more than three (3) consecutive terms in the same position:
Provided, however, that the term of office shall be reckoned from the 1994 barangay elections. Voluntary
renunciation of office for any length of time shall not be considered as an interruption in the continuity of service
for the full term for which the elective official was elected.
2
SECTION 43. Term of Office. —…
(b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary
renunciation of the office for any length of time shall not be considered as an interruption in the continuity of
service for the full term for which the elective official concerned was elected.