20180200786_III-B-2

1.
A. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than
three consecutive terms. Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity of his service for the full
term for which he was elected.
B. I will rule in favor of Cayetano. The law does not allow an elective official to serve 3
terms consecutively but a term which was not fully served shall not be considered for
the purpose of counting. Further, Cayetano in this case merely served as the
presumptive winner because there was a failure of elections later on declared. He is
not really the elective officer contemplated by law but merely a holder of the position
de facto. Hence, the prohibition will not apply to him.
2.
A. Yes, a relinquishment is considered renunciation because it constitutes abandonment
of post and constitutes a full term. It is not synonymous to involuntary abandonment
when called upon by law to substitute for a vacated seat.
B. I will decide in favor of Katherine Desantis. Patrick Maglabo already served for 3
consecutive terms which is the limit fixed by law. Although he did not really
occupied the position for 3 years in his last term by virtue of his assumption of office
as municipal councilor, such shall be counted as the full term because the reason is
abandonment or voluntary renunciation of post.
3.
A. In order to effect a change in domicile, one must demonstrate an actual removal or an
actual change of domicile, a bona fide intention of abandoning the former place of
residence and establishing a new one and acts which correspond with the purpose.
B. For permanent vacancies in the Sanggunian, the local executive shall choose their
replacement with a condition sine qua non of a recommendation coming from their
political party if they have one or the local sanggunian where the vacancy will be
created if there is no political party.
C. BBB shall serve as the rightfully appointed sanggunian member. Having taken the
oath already, he enjoys the security of tenure and cannot be removed from office thru
a resolution. It must be thru a just cause. Also, the subsequent appointment of CCC
was made when there has already been a rightful appointee to the position.