President, How Elected, Term of office, and
term limit
Phil Const A VII Sec 4(1)
SECTION 4. The President and the Vice-
President shall be elected by direct vote of the
people for a term of six years which shall begin
at noon on the thirtieth day of June next
following the day of the election and shall end
at noon of the same date six years thereafter.
The President shall not be eligible for any
reelection. No person who has succeeded as
President and has served as such for more than
four years shall be qualified for election to the
same office at any time.
Presidential Term Limit
COMELEC Resolution, Jan 20 2010, 2nd Division
Pormento v. Estrada, GR 191988 Aug 31, 2010
The presidency is a once in a lifetime
opportunity since there is a constitutional ban
on reelection.
In the case at bar the petitioner
questions if Estrada should be allowed to run
for presidency because he was successfully
elected to the position back in 1998. However,
the SC held that the issue is not moot and
academic since Estrada lost the 2010
presidential elections. The COMELEC resolution
held that the constitutional provision only
applies to incumbent presidents.
President Qualifications
PC Art VII Sec 2
SECTION 2. No person may be elected President
unless he is a natural-born citizen of the
Philippines, a registered voter, able to read and
write, at least forty years of age on the day of
the election, and a resident of the Philippines
for at least ten years immediately preceding
such election.
NARRA!!
PC Art IV, Section 1(3) & 2
SECTION 1. The following are citizens of the
Philippines:
(1) Those who are citizens of the Philippines at
the time of the adoption of this Constitution;
(2) Those whose fathers or mothers are citizens
of the Philippines;
(3) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority;
and
(4) Those who are naturalized in accordance
with law.
SECTION 2. Natural-born citizens are those who
are citizens of the Philippines from birth
without having to perform any act to acquire or
perfect their Philippine citizenship. Those who
elect Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
Natural Born Filipino, Defined.
Fournier v. Comelec
Natural born Filipinos are those who are
citizens from birth without having to perform
any act to acquire or perfect their citizenship,
with the exception that those who elect
citizenship under Sec 1(3) Art IV shall be also
deemed as such.
Fournier filed a disqualification case
against Fernando Poe Jr because his parents
were not Filipino. The court held that because
of the Jones Law, FPJ’s grandfather became a
Filipino Citizen and such citizenship was passed
down to FPJ’s father and to FPJ through the
1935 constitution.
Foundling as Natural born
Foundlings are to be considered as
Natural Born Citizens as they do fall under the
category that they do not have to do anything
to acquire or perfect such citizenship.
This case revolves around the
disqualification case filed against Grace Poe for
the 2010 presidential elections. Atty Tatad
assails that foundlings cannot be deemed as
natural born Filipino citizens because of the
silence and exclusion of such from the
constitutional enumeration. The court held that
Commisioner Rafols intended to include
foundlings as citizens however there was not
substantial number of foundlings to merit a
special mention in the constitution. Further, the
court held that Grace Poe did not do anything
to acquire such citizenship and her repatriation
under RA 9225 restores her status of a natural
born citizen.
Residence Defined
Marcos v. Comelec
For purposes of election qualification,
residence is deemed to be synonymous with
domicile.
This is a case stemming from a
disqualification case against Imelda Marcos. The
opposition questioned her residency
requirement as she initially placed 7 months,
well short of the required 1 year residency
requirement. The court held that residency, in
election purposes, is synonymous with domicile
and Marcos’ domicile was acquired from her
parents when she was a child.
Domino v. Comelec
Residency, synonymous with domicile in
cases of election, requires not only physical
presence but the intention to make such place
one’s permanent place of residence.
The candidate in this case was deemed
not to have fulfilled the residency requirements
as he was not able to prove the intent of
permanency as his house was merely leased,
and the acts he committed to abandon his old
domicile fell short of the one year requirement.
Period of residence
Poe v. Comelec
Residency in election cases, being
synonymous with domicile, requires not only
physical presence but the intention to remain
(animus manendi) and the intention to abandon
the old domicile (animus non revertendi).
The court ruled that Grace Poe has
shown sufficient evidence that as early as May
2005, she had done acts indicative of the
intention to abandon her domicile in the United
States like quitting her job, enrolling her
children, moving her belongings, etc.
Residence Requirement, rationale
Torayno v. Comelec
The residency requirement is to ensure
that the candidate is familiar with all matters
vital to the welfare of their constituents.
Oppositors seek the disqualification of
the candidate for the lack of the residency
requirement because he stated in his CoC for
the past 3 gubernatorial elections that he is a
resident of Tagoloan. Emano asserts that he
changed his residence to CDO 2 years prior to
the mayoralty race. The court ruled that there
the candidate Emano acquired bona fide
residency in CDO during his term as governor.
He had been residing in the city, noting that it is
there that the seat of the governor lies.
Property Qualification
Maquera v. Borra
The right to vote or to be voted does
not depend on the material wealth of the
candidate as social justice provides for equal
opportunity for all.
This case tackles the constitutionality of
RA 4421 which required posting of a surety
bond from a candidate. The court struck down
the law as unconstitutional based on social
justice which provides for equal opportunity.
Vice President, How Elected, term of office and
term limit
PC Art VII Sec 4
SECTION 4. The President and the Vice-
President shall be elected by direct vote of the
people for a term of six years which shall begin
at noon on the thirtieth day of June next
following the day of the election and shall end
at noon of the same date six years thereafter.
The President shall not be eligible for any
reelection. No person who has succeeded as
President and has served as such for more than
four years shall be qualified for election to the
same office at any time.
No Vice-President shall serve for more than two
consecutive terms. Voluntary renunciation of
the office for any length of time shall not be
considered as an interruption in the continuity
of the service for the full term for which he was
elected.
Unless otherwise provided by law, the regular
election for President and Vice-President shall
be held on the second Monday of May.
The returns of every election for President and
Vice-President, duly certified by the board of
canvassers of each province or city, shall be
transmitted to the Congress, directed to the
President of the Senate. Upon receipt of the
certificates of canvass, the President of the
Senate shall, not later than thirty days after the
day of the election, open all certificates in the
presence of the Senate and the House of
Representatives in joint public session, and the
Congress, upon determination of the
authenticity and due execution thereof in the
manner provided by law, canvass the votes.
The person having the highest number of votes
shall be proclaimed elected, but in case two or
more shall have an equal and highest number of
votes, one of them shall forthwith be chosen by
the vote of a majority of all the Members of
both Houses of the Congress, voting separately.
The Congress shall promulgate its rules for the
canvassing of the certificates.
The Supreme Court, sitting en banc, shall be the
sole judge of all contests relating to the
election, returns, and qualifications of the
President or Vice- President, and may
promulgate its rules for the purpose.
Presidential Succession, in case of vacancy at
the start of term
PC Art VII Sec 7
SECTION 7. The President-elect and the Vice-
President-elect shall assume office at the
beginning of their terms.
If the President-elect fails to qualify, the Vice-
President-elect shall act as President until the
President-elect shall have qualified.
If a President shall not have been chosen, the
Vice-President-elect shall act as President until
a President shall have been chosen and
qualified.
If at the beginning of the term of the President,
the President-elect shall have died or shall have
become permanently disabled, the Vice-
President-elect shall become President.
Where no President and Vice-President shall
have been chosen or shall have qualified, or
where both shall have died or become
permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of
the House of Representatives shall act as
President until a President or a Vice-President
shall have been chosen and qualified.
The Congress shall, by law, provide for the
manner in which one who is to act as President
shall be selected until a President or a Vice-
President shall have qualified, in case of death,
permanent disability, or inability of the officials
mentioned in the next preceding paragraph.
Presidential Succession, in case of vacancy on
mid term
PC Art VII Sec 8
SECTION 8. In case of death, permanent
disability, removal from office, or resignation of
the President, the Vice-President shall become
the President to serve the unexpired term. In
case of death, permanent disability, removal
from office, or resignation of both the President
and Vice-President, the President of the Senate
or, in case of his inability, the Speaker of the
House of Representatives, shall then act as
President until the President or Vice-President
shall have been elected and qualified.
The Congress shall, by law, provide who shall
serve as President in case of death, permanent
disability, or resignation of the Acting President.
He shall serve until the President or the Vice-
President shall have been elected and qualified,
and be subject to the same restrictions of
powers and disqualifications as the Acting
President.
Disability of the President
PC Art VII Sec 11
SECTION 11. Whenever the President transmits
to the President of the Senate and the Speaker
of the House of Representatives his written
declaration that he is unable to discharge the
powers and duties of his office, and until he
transmits to them a written declaration to the
contrary, such powers and duties shall be
discharged by the Vice-President as Acting
President.
Whenever a majority of all the Members of the
Cabinet transmit to the President of the Senate
and to the Speaker of the House of
Representatives their written declaration that
the President is unable to discharge the powers
and duties of his office, the Vice-President shall
immediately assume the powers and duties of
the office as Acting President.
Thereafter, when the President transmits to the
President of the Senate and to the Speaker of
the House of Representatives his written
declaration that no inability exists, he shall
reassume the powers and duties of his office.
Meanwhile, should a majority of all the
Members of the Cabinet transmit within five
days to the President of the Senate and to the
Speaker of the House of Representatives their
written declaration that the President is unable
to discharge the powers and duties of his office,
the Congress shall decide the issue. For that
purpose, the Congress shall convene, if it is not
in session, within forty-eight hours, in
accordance with its rules and without need of
call.
If the Congress, within ten days after receipt of
the last written declaration, or, if not in session,
within twelve days after it is required to
assemble, determines by a two-thirds vote of
both Houses, voting separately, that the
President is unable to discharge the powers and
duties of his office, the Vice-President shall act
as the President; otherwise, the President shall
continue exercising the powers and duties of his
office.
Estrada v. Desierto
The determination of the president’s
inability is determined by Congress and cannot
be subject to judicial review.
Then president Estrada sent a letter to
the Senate President and Speaker of the house
declairing his inability to exercise the powers
and duties of his office. By operation of law and
the constitution, the vice president Arroyo
succeeded the presidency with the full support
of both houses of congress. With this the court
is divested of power because of the principle of
separation of powers. The issue lies on the full
discretionary authority of the legislative branch.
Resignation of the president
Estrada v. Desierto
The resignation of the president does
not envision a temporary inability to perform his
duties and powers but a permanent
renunciation of the office.
Estrada contended that his letter
declaring his inability to perform the duties and
power of his office was a mere temporary
inability rather than a full resignation of his
office. The court ruled based on a totality test
that there was an intention to resign as well as
acts of relinquishment on the part of Estrada
from his acts and omissions before, during and
after such as the acknowledgement of the
PGMA’s oath taking, leaving the palace, and the
resignation letter.
Vacancy in the office of the vice president, how
filled.
PC Art VII Sec 9
SECTION 9. Whenever there is a vacancy in the
Office of the Vice-President during the term for
which he was elected, the President shall
nominate a Vice-President from among the
Members of the Senate and the House of
Representatives who shall assume office upon
confirmation by a majority vote of all the
Members of both Houses of the Congress,
voting separately.
Estrada v. Desierto
In the vacancy of the office of the VP,
the president shall nominate a candidate which
is to be confirmed by Congress on a majority
vote, voting separately.
Upon the assumption of Arroyo as
president, Teofisto Guingona filled the vacancy
of the office of the Vice President upon
nomination of Arroyo and confirmation of
Congress.
Vacancy in both the presidency and vice
presidency, how filled
PC Art VII Sec 10
SECTION 10. The Congress shall, at ten o’clock in
the morning of the third day after the vacancy
in the offices of the President and Vice-
President occurs, convene in accordance with
its rules without need of a call and within seven
days enact a law calling for a special election to
elect a President and a Vice-President to be
held not earlier than forty-five days nor later
than sixty days from the time of such call. The
bill calling such special election shall be deemed
certified under paragraph 2, Section 26, Article
VI of this Constitution and shall become law
upon its approval on third reading by the
Congress. Appropriations for the special
election shall be charged against any current
appropriations and shall be exempt from the
requirements of paragraph 4, Section 25, Article
VI of this Constitution. The convening of the
Congress cannot be suspended nor the special
election postponed. No special election shall be
called if the vacancy occurs within eighteen
months before the date of the next presidential
election.
PC Art VI Sec 25(4)
Section 25 (4) A special appropriations bill shall
specify the purpose for which it is intended, and
shall be supported by funds actually available as
certified by the National Treasurer, or to be
raised by a corresponding revenue proposed
therein.
Omnibus Election Code (OEC) Art II S 14
Section 14 Special election for President and Vice-
President. - In case a vacancy occurs for the Office
of the President and Vice-President, the Batasang
Pambansa shall, at ten o'clock in the morning of
the third day after the vacancy occurs, convene in
accordance with its rules without need of a call
and within seven days enact a law calling for a
special election to elect a President and a Vice-
President to be held not earlier than forty-five
days nor later than sixty days from the time of
such call. The bill calling such special election shall
be deemed certified under paragraph (2), Section
19, Article VIII of the Constitution and shall
become law upon its approval on third reading by
the Batasang Pambansa. Appropriations for the
special election shall be charged against any
current appropriations and shall be exempt from
the requirements of paragraph (4), Section 16 of
Article VIII of the Constitution. The convening of
the Batasang Pambansa cannot be suspended nor
the special election postponed. No special election
shall be called if the vacancy occurs within seventy
days before the date of the presidential election
of 1987.
Senators, number, how elected term of office
and term limit
PC Art VI Sec 2
SECTION 2. The Senate shall be composed of
twenty-four Senators who shall be elected at
large by the qualified voters of the Philippines,
as may be provided by law.
PC Art XVIII Sec 2(1) & 2
SECTION 2. The Senators, Members of the
House of Representatives, and the local officials
first elected under this Constitution shall serve
until noon of June 30, 1992.
Of the Senators elected in the election of 1992,
the first twelve obtaining the highest number
of votes shall serve for six years and the
remaining twelve for three years.
Tolentino v. Comelec
Although the Comelec failed to give
notice, the special election was deemed valid as
the right to hold the special election emanated
from a statute and the law charges voters with
knowledge of the time and place of elections.
Following the vacancy caused by
Guingona’s assumption of the office of the vice
president, congress called on the comelec to
call a special election in line with the regular
election where the 13th highest voted senatorial
candidate will serve the unexpired term of
Guingona. The court held that despite the lack
of notice from comelec, RA 6645 already
charges voters with knowledge of this statutory
notice as well as the widespread media
coverage.
PC Art VI Sec 4
SECTION 4. The term of office of the Senators
shall be six years and shall commence, unless
otherwise provided by law, at noon on the
thirtieth day of June next following their
election.
No Senator shall serve for more than two
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.
Senator Qualifications
PC Art VI Sec 3
SECTION 3. No person shall be a Senator unless
he is a natural-born citizen of the Philippines,
and, on the day of the election, is at least thirty-
five years of age, able to read and write, a
registered voter, and a resident of the
Philippines for not less than two years
immediately preceding the day of the election.
Pimentel v. Comelec
The requirements imposed by the
constitution may not be amended by law or
mere resolutions
Petitioners assail the constitutionality of
law and comelec resolution imposing
mandatory drug testing for candidates. The
court ruled that administrative ruling or even a
law violating the constitution is null and void.
Members of the House of Representatives,
number, how elected, term of office and term
limit
PC Art VI Sec 5(1), (2) & (4)
SECTION 5. (1) The House of Representatives
shall be composed of not more than two
hundred and fifty members, unless otherwise
fixed by law, who shall be elected from
legislative districts apportioned among the
provinces, cities, and the Metropolitan Manila
area in accordance with the number of their
respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who,
as provided by law, shall be elected through a
party-list system of registered national,
regional, and sectoral parties or organizations.
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list. For three consecutive
terms after the ratification of this Constitution,
one-half of the seats allocated to party-list
representatives shall be filled, as provided by
law, by selection or election from the labor,
peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law, except the
religious sector.
(4) Within three years following the return of
every census, the Congress shall make a
reapportionment of legislative districts based
on the standards provided in this section.
PC Art VI Sec 7
SECTION 7. The Members of the House of
Representatives shall be elected for a term of
three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of
June next following their election.
No member of the House of Representatives Ifugao, 1;
shall serve for more than three consecutive Isabela, 3;
terms. Voluntary renunciation of the office for Kalinga-Apayao, 1;
any length of time shall not be considered as an Nueva Vizcaya, 1;
interruption in the continuity of his service for Quirino, 1.
the full term for which he was elected.
Region III:
OEC Art III Sec 24
Bataan, 1;
Section 24. Apportionment of representatives. Bulacan, 4;
- Until a new apportionment shall have been Nueva Ecija with the cities of
made, the Members of the Batasang Pambansa Cabanatuan, Palayan and San
shall be apportioned in accordance with the Jose, 4;
Ordinance appended to the Constitution, as Pampanga with Angeles City, 4;
follows: Tarlac, 2;
Zambales, 1;
National Capital Region: Olongapo City, 1.

Manila, 6; Region IV:

Quezon City, 4;
Caloocan, 2; Aurora, 1;
Pasay, 1; Batangas with the cities of
Pasig and Marikina, 2; Batangas and Lipa, 4;
Las Piñas and Parañaque, 1; Cavite with the cities of Cavite,
Makati, 1; Tagaytay and Trece Martires, 3;
Malabon, Navotas and Laguna with San Pablo City, 4;
Valenzuela, 2; Marinduque, 1;
San Juan and Mandaluyong, 1; Occidental Mindoro, 1;
Taguig, Pateros and Oriental Mindoro, 2;
Muntinglupa, 1. Palawan with Puerto Princesa
City, 1;
Region I: Quezon with Lucena City, 4;
Rizal, 2;
Abra, 1; Romblon, 1.
Benguet, 1;
Ilocos Norte with Laoag City, 2; Region V:
Ilocos Sur, 2;
La Union, 2; Albay with Legaspi City, 3;
Mountain Province, 1; Camarines Norte, 1;
Pangasinan with the cities of Camarines Sur with the cities of
Dagupan and San Carlos, 6; Iriga and Naga, 4;
Baguio City, 1. Catanduanes, 1;
Masbate, 2;
Region II: Sorsogon, 2.

Batanes, 1; Region VI:

Cagayan, 3;
 Aklan, 1; Camiguin, 1;
Antique, 1; Misamis Occidental with the
Capiz with Roxas City; cities of Oroquieta, Ozamis and
Iloilo with Iloilo City, 5; Tangub, 1;
Negros Occidental with the Misamis Oriental with Gingoog
cities of Bacolod, Bago, Cadiz, City, 2;
La Carlota, San Carlos and Silay, Surigao del Norte with Surigao
7. City, 1;
Cagayan de Oro City, 1.
Region VII:
Region XI:
Bohol with Tagbilaran City, 3;
Cebu with the cities of Danao, Surigao del Sur, 1;
Lapu-Lapu, Mandaue and Davao del Norte, 3;
Toledo, 6; Davao Oriental, 1;
Negros Oriental with the cities Davao del Sur, 2;
of Bais, Canlaon and South Cotabato with General
Dumaguete, 3; Santos City, 3;
Siquijor, 1; Davao City, 2.
Cebu City, 2.
Region XII:
Region VIII:
Lanao del Norte, 1;
Leyte with the cities of Ormoc Lanao del Sur with Marawi City,
and Tacloban, 5; 2;
Southern Leyte, 1; Maguindanao with Cotabato
Eastern Samar, 1; City, 2;
Northern Samar, 1; North Cotabato, 2;
Samar with Calbayog City, 2. Sultan Kudarat, 1;
Iligan City, 1.
Region IX:
Any province that may hereafter be created or
Basilan, 1; any component city that may hereafter be
Sulu, 1; declared by or pursuant to law as a highly
Tawi-Tawi, 1; urbanized city shall be entitled in the
Zamboanga del Norte with the immediately following election to at least one
cities of Dapitan and Dipolog, 2; Member or such number of Members as it may
Zamboanga del Sur with be entitled to on the basis of the number of the
Pagadian City, 3; inhabitants and on the same uniform and
Zamboanga City, 1. progressive ratio used in the last preceding
apportionment. The number of Members
Region X: apportioned to the province out of which the
new province was created or where the new
Agusan del Norte with Butuan highly urbanized city is geographically located
City, 1; shall be correspondingly adjusted by the
Agusan del Sur, 1; Commission, but such adjustment shall not be
Bukidnon, 2;
made within one hundred twenty days before
the election.
Number of Party List
Veterans Federation Party v. Comelec
Having adjudged that the 20% is merely
a ceiling and not mandatory as well as the
constitutionality of the 2% threshold, the court
used as basis the highest ranked party’s votes in
determining the allocation of additional seats.
Party list representatives assail the
constitutionality of the comelec resolution
proclaiming 38 defeated to fill the remaining
seats. The court clarified that the 20% is merely
a ceiling and not mandatory. It likewise upheld
the validity of the 2% threshold and the three
seat limit to ensure proportional
representation.
Banat v. Comelec
The 20% requirement was declared to
be mandatory and the 2% threshold was
declared unconstitutional for being a
mathematical impossibility.
Banat Partylist questioned the Comelec
proclamation as well as the formula provided
for by Veterans as the 2% threshold resulted in
a mathematical impossibility to fill up 20% of
the seats. The court held that the 20% is
mandatory and that the 2% is unconstitutional
in so far as it is used in the distribution of
additional seats.
Three term limit
Purpose
Borja v. Comelec
The purpose of the three term limit is to
prevent excessive accumulation of power by
perpetuating candidates in office.
A vice mayor assumed the office of
mayor by operation of law when the incumbent
mayor passed away. He was then elected as
mayor for 2 consecutive terms. On his third
term, an opposition was filed for breaking the 3
term rule. The court explained that the
constitutional limitation applies only when the
candidate in question has been elected. It does
not apply to succession. The court ruled that
while the people should be protected from the
evils of monopoly of power, it cannot curtail the
freedom of choice of the people.
Latasa v. Comelec
The conversion of a municipality into a
city does not operate to create a new office that
is exempted from the constitutional limitation
of 3 consecutive terms.
The petitioner mayor had previously
held the post of municipal mayor for three
consecutive terms. After the third term, the
municipality was converted to a city. He now
asserts that the constitutional provision does
not apply as the city has attained a different
juridical personality. The court ruled that the
intention of the framers was to avoid the evils
of monopoly of power and to allow the mayor
to run for another 3 terms would allow him to
be mayor for a total of 18 consecutive years.
Succession, Effect on term continuity
For the three term limit to apply, the
candidate must have:
- Been elected for three consecutive
terms in the same government post
 - Has fully served three consecutive
terms
Borja v. Comelec
If the official is not serving a term for
which he was elected because he is simply
continuing the service of that which he
succeeded, he cannot be considered to have
fully served the term.
Montebon v. Comelec
Succession cannot in any way be
deemed to be a voluntary renunciation of office
as such is by operation of law.
A municipal councilor had been elected
to 3 consecutive terms. However on his 2 nd
term, he succeeded the vice mayor after the
latter’s retirement. The court ruled that
succession, by operation of law, is not voluntary
renunciation and his 2nd term was not deemed
to have been fully served.
Preventive Suspension, effect on term
continuity
Aldovino v. Comelec
Voluntary renunciation refers to a
voluntary relinquishment of office and does not
envision a temporary cessation of the exercise
of power which preventive suspension brings.
An elected councilor who was
preventively suspended on his third term ran
for a fourth term. A disqualification case was
filed against him. The court ruled that a
preventive suspension, even if involuntary,
should not be considered as an effective
interruption of his term because suspended
officials continue to stay in office.
Disqualification prior to term end, effect of.
Lonzanida v. Comelec
A proclamation later proclaimed void is
no proclamation at all and is not considered to
be elected in that position.
A mayor served two full terms. In his
third term, he was proclaimed the winner
although subject to an election protest which he
lost. The court ruled that it was a void
proclamation due to the protest result and that
a void proclamation is tantamount to not being
elected at all.
Disqualification after term end, effect of.
Ong v. Alegre
An official who assumed office and who
fully served from start to finish, notwithstanding
a disqualification after the term end, is
contemplated to have served the full term with
regard to the three term limit.
A mayor was elected for three
consecutive terms, however during the third
term an adverse judgement on a protest
election about his second term was
promulgated. The court ruled that such decision
was without legal value. Having served the full
three terms, the three term limit would apply
even with the adverse judgment.
Rivera v. Comelec
A mayor argued that his second term
was only in a caretaker capacity since the RTC
adjudged that his proclamation was void. He
had served for three consecutive terms. The
court ruled that such circumstance does not
constitute an interruption.
Recall, effect on three term disqualification
Adormeo v. Comelec
 A defeat in the elections which was
subsequently won in a recall election effectively
disrupted the continuity of such office.
A mayor was elected for 2 consecutive
terms, and lost on the third election. However a
recall election was instituted 2 years after and
he served the unexpired term. The court ruled
that the mayor was a private citizen for nearly 2
years and the continuity of the mayoralty was
interrupted.
Socrates v. Comelec
A subsequent election like a recall
election is not immediate reelection after three
consecutive terms, which is not prohibited.
A mayor was elected for three
consecutive terms. He chose not to run for the
4th term. However, he won a subsequent recall
election after loss of confidence on the
incumbent. The court ruled that there was an
intervening period and that the recall election
was not an immediate reelection as prohibited
by the constitution.
not apply as the city has attained a different
juridical personality. However the court ruled
that the territorial jurisdiction of the
municipality had not changed, and that if
allowed to run for another 3 terms would result
in a total of 18 consecutive years.
Election protest, effect of.
Abundo v. Comelec
Continuity in office is interrupted when
an official loses an election even though he was
able to serve an expired term after a successful
election protest.
A mayor vied for the office for 4
consecutive terms. He won the first and third.
He served the second term after he successfully
filed an election protest, but only for one year.
The court ruled that the continuity of office was
effectively interrupted during the 2nd term

Mendoza v. Comelec

Conversion of municipality to city, effect of

Latasa v. Comelec

The conversion of a municipality into a

city does not operate to create a new office that
is exempted from the constitutional limitation
of 3 consecutive terms.

The petitioner mayor had previously

held the post of municipal mayor for three
consecutive terms. After the third term, the
municipality was converted to a city. He now
asserts that the constitutional provision does
Members of the House of Representatives,
Qualifications
PC Art VI Sec 1
SECTION 1. The legislative power shall be vested
in the Congress of the Philippines which shall
consist of a Senate and a House of
Representatives, except to the extent reserved
to the people by the provision on initiative and
referendum.
PC Art VI Sec 6
SECTION 6. No person shall be a Member of the
House of Representatives unless he is a natural-
born citizen of the Philippines and, on the day
of the election, is at least twenty-five years of
age, able to read and write, and, except the
party-list representatives, a registered voter in
the district in which he shall be elected, and a
resident thereof for a period of not less than
one year immediately preceding the day of the
election.
Party List Representatives or Nominees,
Qualifications
PC Art VI Sec 5(2)
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list. For three consecutive
terms after the ratification of this Constitution,
one-half of the seats allocated to party-list
representatives shall be filled, as provided by
law, by selection or election from the labor,
peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law, except the
religious sector.
PC Art IX(C) Sec 8
SECTION 8. Political parties, or organizations or
coalitions registered under the party-list
system, shall not be represented in the voters’
registration boards, boards of election
inspectors, boards of canvassers, or other
similar bodies. However, they shall be entitled
to appoint poll watchers in accordance with
law.
RA 7941 Sec 2
Section 2. Declaration of part y. The State shall
promote proportional representation in the
election of representatives to the House of
Representatives through a party-list system of
registered national, regional and sectoral
parties or organizations or coalitions thereof,
which will enable Filipino citizens belonging to
marginalized and under-represented sectors,
organizations and parties, and who lack well-
defined political constituencies but who could
contribute to the formulation and enactment of
appropriate legislation that will benefit the
nation as a whole, to become members of the
House of Representatives. Towards this end, the
State shall develop and guarantee a full, free
and open party system in order to attain the
broadcast possible representation of party,
sectoral or group interests in the House of
Representatives by enhancing their chances to
compete for and win seats in the legislature,
and shall provide the simplest scheme possible.
RA 7941 Sec 9
Section 9. Qualifications of Party-List
Nominees. No person shall be nominated as
party-list representative unless he is a natural-
born citizen of the Philippines, a registered
voter, a resident of the Philippines for a period
of not less than one (1)year immediately
preceding the day of the election, able to read
and write, a bona fide member of the party or
organization which he seeks to represent for at
least ninety (90) days preceding the day of the
election, and is at least twenty-five (25) years of
age on the day of the election.
In case of a nominee of the youth sector, he
must at least be twenty-five (25) but not more
than thirty (30) years of age on the day of the
election. Any youth sectoral representative who
attains the age of thirty (30) during his term
shall be allowed to continue in office until the
expiration of his term.
Bagong Bayani OFW v. Comelec
BANAT v. Comelec
Bayan Muna v. Comelec
Atong Paglaum v. Comelec
Sectors to be represented by party list,
enumerated
PC Art VI Sec 5(2)
(2) The party-list representatives shall
constitute twenty per centum of the total
number of representatives including those
under the party list. For three consecutive
terms after the ratification of this Constitution,
one-half of the seats allocated to party-list
representatives shall be filled, as provided by
law, by selection or election from the labor,
peasant, urban poor, indigenous cultural
communities, women, youth, and such other
sectors as may be provided by law, except the
religious sector.
RA 7941 Sec 5
Section 5. Registration.  Any organized group of
persons may register as a party, organization or
coalition for purposes of the party-list system by
filing with the COMELEC not later than ninety
(90) days before the election a petition verified
by its president or secretary stating its desire to
participate in the party-list system as a national,
regional or sectoral party or organization or a
coalition of such parties or organizations,
attaching thereto its constitution, by-laws,
platform or program of government, list of
officers, coalition agreement and other relevant
information as the COMELEC may require:
Provided, That the sectors shall include labor,
peasant, fisherfolk, urban poor, indigenous
cultural communities, elderly, handicapped,
women, youth, veterans, overseas workers, and
professionals.
The COMELEC shall publish the petition in at
least two (2) national newspapers of general
circulation.
The COMELEC shall, after due notice and
hearing, resolve the petition within fifteen (15)
days from the date it was submitted for decision
but in no case not later than sixty (60) days
before election.
Sectors to be represented by party list,
classified
Atong Paglaum v. Comelec
Nature of constitutional & Statutory
enumeration of sectors
Ang Ladlad v. Comelec
Nature of list of nominees
BA-RA 7941 v. Comelec GR 177271 May 4 2007
Vacancy in the Senate or House of
Representatives, how filled
PC Art VI sec 9
SECTION 9. In case of vacancy in the Senate or
in the House of Representatives, a special
election may be called to fill such vacancy in the
manner prescribed by law, but the Senator or
Member of the House of Representatives thus
elected shall serve only for the unexpired term.
OEC Art III Sec 22
Section 22 Special election for Members of the
Batasang Pambansa. - In case a vacancy arises
in the Batasang Pambansa eighteen months or
more before a regular election, the Commission
shall call a special election to be held within
sixty days after the vacancy occurs to elect the
Member to serve the unexpired term.
The Batasang Pambansa through a duly
approved resolution or an official
communication of the Speaker when it is not in
session shall certify to the Commission the
existence of said vacancy.
RA 6645 Sec 1
Section 1. In case a vacancy arises in the Senate
at least eighteen (18) months or in the House of
Representatives at least (1) year before the next
regular election for Members of Congress, the
Commission on Elections, upon receipt of a
resolution of the Senate or the House of
Representatives, as the case may be, certifying
to the existence of such vacancy and calling for
a special election, shall hold a special election to
fill such vacancy.f Congress is in recess, an
official communication on the existence of the
vacancy and call for a special election by the
President of the Senate or by the Speaker of the
House of Representatives, as the case may be,
shall be sufficient for such purpose. The Senator
or Member of the House of Representatives
thus elected shall serve only for the unexpired
term.
RA 6645 Sec 2
Section 2. The Commission on Elections shall fix
the date of the special election, which shall not
be earlier than forty-five (45) days not later
than ninety (90) days from the date of such
resolution or communication, stating among
other things the office or offices to be voted for:
provided, however, that if within the said
period a general election is scheduled to be
held, the special election shall be held
simultaneously with such general election.
RA 7166 Sec 4
Section 4. Postponement, Failure of Election
and Special Elections. - The postponement,
declaration of failure of election and the calling
of special elections as provided in Sections 5, 6
and 7 of the Omnibus Election Code shall be
decided by the Commission sitting en banc by a
majority vote of its members. The causes for
the declaration of a failure of election may
occur before or after the casting of votes or on
the day of the election.
In case a permanent vacancy shall occur in the
Senate or House of Representatives at least one
(1) year before the expiration of the term, the
Commission shall call and hold a special election
to fill the vacancy not earlier than sixty (60)
days nor longer than ninety (90) days after the
occurrence of the vacancy. However, in case of
such vacancy in the Senate, the special election
shall be held simultaneously with the
succeeding regular election.
Tolentino v. Comelec