1.

Read the case of Reyes vs COMELEC – The Supreme Court highlighted the 3 requirements of
how would one become a member of the House of Representatives.
Petitioner is a duly proclaimed winner and having taken her oath of office as member of the House of
Representatives, all questions regarding her qualifications are outside the jurisdiction of the
COMELEC and are within the HRET exclusive jurisdiction.

2. Focus on Abundo vs COMELEC – this case revisited all related cases on the 3 term limit rule
(see the requisites) (1) one must have been elected for 3 consecutive terms for the same
elective position (2) fully served those 3 consecutive terms
The consecutiveness of what otherwise would have been Abundo’s three
successive, continuous mayorship was effectively broken during the 2004-2007
term when he was initially deprived of title to, and was veritably disallowed to
serve and occupy, an office to which he, after due proceedings, was eventually
declared to have been the rightful choice of the electorate.

Sec. 43(b) of Republic Act No. (RA) 7160, or the Local Government Code (LGC)
of 1991, thusly: Sec. 43. Provides that

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. (Emphasis Ours.)

To constitute a disqualification to run for an elective local office pursuant to the

aforequoted constitutional and statutory provisions, the following requisites must
concur:

(1) that the official concerned has been elected for three consecutive terms in
the same local government post; and
(2) that he has fully served three consecutive terms

3. Take not of the 3 instances where the COMELEC is allowed to go beyond the 4 corners of the
certificate of candidacy
The general rules provides that COMELEC has ministerial duty to receive COCs. However there
are instances where COMELEC is allowed to go beyond the 4 corners of the COC:
a. Authority over nuisance candidate
b. Power to deny due course or to cancel a certificate of candidacy
c. Filing of disqualification case on any of the ff grounds enumerated in section 68: a) given
money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions; (b) committed acts of terrorism to enhance his
candidacy; (c) spent in his election campaign an amount in excess of that allowed by this
Code; (d) solicited, received or made any contribution prohibited under Sections 89, 95,
 96, 97 and 104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e,
k, v, and cc, sub-paragraph 6
4. 2 requisites for false material representation – Would a mere false or wrong entry of one’s gender
a ground for disqualification? - Know the 2 requisites (case in point: Ongsiako Reyes v. COMELEC)
5. Aldovino vs. COMELEC - What is the effect of preventive suspension?
Preventive suspension — whether under the Local Government Code, the Anti-Graft and Corrupt
Practices Act, or the Ombudsman Act— is an interim remedial measure to address the situation of
an official who have been charged administratively or criminally, where the evidence preliminarily
indicates the likelihood of or potential for eventual guilt or liability. The suspended official is barred
from performing the functions of his office and does not receive salary in the meanwhile, but does
not vacate and lose title to his office; loss of office is a consequence that only results upon an
eventual finding of guilt or liability.
6. Adorneo vs. COMELEC and Socrates vs. COMELEC - What is the effect of a recalled election?
Recall – method by which a public officer may be removed from office during his tenure or before the
expiration of his term by a vote of the people after registration of a petition signed by a required
percentage of the qualified votes
A necessary consequence of the interruption of continuity of service is the start of a new term
following the interruption. An official elected in recall election serves the unexpired term of the
recalled official. This unexpired term is in itself one term for purposes of counting the three-term limit.
7. Makiling vs. COMELEC & Artea vs. COMELEC - succession
8. ER Ejercito case & Peñera case - about campaign funds
9. Quinto case - What is the effect of filing of certificate of candidacy? (there are two ruling in this
case) ruling 1: anchored on equal protection of laws; ruling 2: do not treat elected & appointed
officials equally

Resolution No. 8678 provide:

SEC. 4. Effects of Filing Certificates of Candidacy.

a) Any person holding a public appointive office or position including active members of the Armed
Forces of the Philippines, and other officers and employees in government-owned or controlled
corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate
of candidacy.

b) Any person holding an elective office or position shall not be considered resigned upon the filing
of his certificate of candidacy for the same or any other elective office or position.

10. Arnado vs. COMELEC – What is the effect on a candidate using a foreign passport after
renouncing US citizenship?
Congress enacted RA 9225 allowing natural-born citizens ofthe Philippines who have lost their
Philippine citizenship by reason of their naturalization abroad to reacquire Philippine citizenship and
to enjoy full civil and political rights upon compliancewiththerequirementsofthelaw.
Theymaynowrunforpublicoffice in the Philippines provided that they: (1) meet the qualifications for
holding such public office as required by the Constitution and existing laws; and, (2) make a
personal and sworn renunciation of any and all foreign citizenships before any public officer
authorized to administer an oath46 prior to or at the time of filing of theirCoC
We therefore hold that Amado, by using his US passport after renouncing his American
citizenship, has recanted the same Oath of Renunciation he took. Section 40(d) of the Local
Government Code applies to his situation. He is disqualified not only from holding the public
office but even from becoming a candidate in the May 2010 elections