MODULE 17 Local Officials

TERM/TENURE

Constitution Article 10 Section 8. 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
LGC Section 43. Term of Office. – (a) x x x
(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 was
elected."
1. Borja vs COMELEC

- Facts: Respondent Capco was elected as vice mayor of Pateros for a term ending on June 30,
1992. He then became a mayor bby operation of law upon the death of the incumbent mayor.
For the next two succeeding elections he was again re-elected as Mayor.
- Issue: Whether Capco has served for three consecutive terms as Mayor. Should the term he
served as vice mayor and thereafter as mayor be counted?
- Ruling: NO. Under Art 10 Sec 8 of the Constitution, the term of office of elective locals official
shall be three years and no such official shall serve for more than three consecutive terms but
voluntary renunciation of the office shall not be considered as an interruption in the continuity
of his service of his service for the full term for which he was elected. Such provision is restated
in the Local Government Code. It was therefore explained that the term must be one for which
the official was elected. Therefore, the official must be elected to the same position for three
consecutive times.

2. Adormeo vs COMELEC

- Facts: Talaga served as Mayor of Lucena for 2 consecutive terms. He lost during the 1998
elections to Tagarao. But before Tagarao’s term ended, a recall election was held where Talaga
won and was made to serve for the remaining term of Tagarao. When Talaga ran for Mayor
again in 2001 his candidacy was questioned.
- Issue: Whether Talaga was disqualified to run as mayor given that he had already served two full
terms and he won in the 2000 recall elections.
- Ruling: No. He is not disqualified. For nearly to years, Talaga was a private citizen. His
mayorship was interrupted during his defeat in the 1998 elections. The time between his defeat
and his victory in the 2000 recall election is sufficient interruption and therefore, there was no
three consecutive terms contemplated in the LGC.

3. Socrates vs COMELEC

- Facts: Hagedorn has been the Mayor of Puerto Prinsesa for three consecutive terms. Being
aware of the term limit, he did not run in the next elections. Socrates won the elections but then
 a recall election was conducted where Hagedorn filed his certificate of candidacy. Socrates
argued that this violates the three term limit.
- Issue: Whether Hagedorn is disqualified to run under the three term limit rule
- Ruling: No. under the three consecutive term limit rule, an elective local official cannot seek
immediate reelection for a fourth term. This prohibition pertains to regular election for the
same office but not subsequent elections such as recall elections. This is because such recall
election is no longer an immediate election and that the period between the regular election
and the recall election is considered as an involuntary interruption in the service.

4. Rivera vs COMELEC

- Facts: Respondent Morales ran for Mayor during the 2004 elections. This candidacy was
questioned, and it was alleged that Morales already served three consecutive terms. Morales
admitted that he had served his first and third term but he argued that his second term cannot
be counted because he only served as a de facto officer because the RTC ruled that his
proclamation was void.
- Issue: Whether Morales already served 3 consecutive terms
- Ruling: Yes. The SC held that he had been elected for his 1998-2001 term. He assumed this
position and was mayor for the entire period of the term despite the decision of the RTC which
ruled that his proclamation during this term was void because the decision was promulgated
after the 1998-2001 term. The SC held that he has been serving as Mayor for 4 consecutive
terms.

5. Naval vs COMELEC

- Facts: Naval had been a member of the Sanggunian 2 nd District of Camarines Sur for 2 terms,
2004-2007 and from 2007-2010. Notably, the legislative district was reapportioned in such a
way that 8 of the 10 are carved out and named as a new district. Naval ran again for 2 more
terms and won. His candidacy was questioned, and it was alleged that Naval had already
violated the three term limit rule.
- Issue: Whether the provincial board member’s election to the same position for the third and
fourth term, but now in representation of the newly named district a violation of the three term
limit rule.
- Ruling: Yes. The SC held that the wordings of RA 9716 indicated that intent of the lawmakers to
create a single new 2nd district and merely renaming the rest. While the Naval is correct that
Sanggunian members are elected by district, it does not change the fact the he was elected by
the same district that brought him to office in 2004 and 2007. The court also held that in
sustaining the arguments of Naval would practically allow him to hold office for 15 consecutive
years. These are the circumstances that the Constitution explicitly intends to avert.

6. Abundo Sr. vs COMELEC

- Facts: Petitioner Abundo ran for four consecutive electionsnamely the 2001, 2004, 2007, and
2010 elections. He won during the 2001 and 2007 elections but during the 2004 elections a
certain Torres was first elected and proclaimed but subsequently Abundo protested the election
and Abundo was eventually declared the winner of the 2004 election, and he served the
 remaining term of Torres. His candidacy for the 2010 election was questioned because it was
alleged that he violated the three term limit rule.
- Issue: Whether Abundo has served three consecutive terms already.
- -Ruling: No. His continuity of service as Mayor was broken when he lost the 2004 elections even
though after the proceedings for protest, he was declared the winner. He was made to serve
only a reduced term and therefore, there is an involuntary interruption in his service

7. Tallado vs COMELEC

- Facts: The petitioner was elected as Governor of Camarines Norte in 2010, 2013, and 2016
elections. He served the full term for the first and second terms but during his third term, an
administrative complaint was charged against him. He was then found guilty and at first the
penalty was dismissal, but the CA reduced the penalty to a suspension.
- Issue: Whether a penalty of suspension constitutes interruption of the term of office thereby
circumventing the three term limit rule as provided by the Constitution
- Ruling: Yes. The SC held that the suspension truly prevented the petitioner from fully serving the
third consecutive term. Interruption may be attributed to an involuntary loss of title to office
where the elective official involuntarily left his office. Such involuntary loss of title to office is
required in order there be an interruption in the continuity of the terms. The SC also held that
loss of office by operation of law is considered as an involuntary loss.

SUCCESSION

Section 44 of the Local Government Code provides that if a permanent vacancy occurs in
the office of the vice-governor, the highest ranking Sanggunian member or, in case of his
permanent inability, the second highest ranking Sanggunian member, shall become vice-
governor. "For purposes of succession, ranking in the Sanggunian shall be determined on
the basis of the proportion of votes obtained by each winning candidate to the total
number of registered voters in each district in the immediately preceding local election."

Under Sec 44 of the LGC, a permanent vacancy arises when an elective official fills a higher vacant office, refuses to
assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently
incapacitated to discharge the functions of his office.

Sec 45 (b) of the same law provides that “…only the nominee of the political party under which the Sanggunian
member concerned has been elected and whose elevation to the position next higher in rank created the last vacancy
in the Sanggunian shall be appointed in the manner herein provided. The appointee shall come from the political
party as that of the Sanggunian member who caused the vacancy…”

8. Victoria vs COMELEC

- Facts: In this case, the petitioner Victoria claimed that the ranking of the Sanggunian members
should not only be based on the number of votes obtained in relation to the total number of
registered voters but also on the number of voters in the district who actually voted in the
elections.
 - Issue: How shall the ranking in the Sanggunian be determined for purpose of succession
- Ruling: Section 44 is clear. If there is a permanent vacancy that occurs in the position of vice-
governor, the highest ranking Sanggunian member, or in case of his permanent inability, the
second highest ranking member, shall become the vice governor. The ranking should be based
on the proportion of the votes obtained by the winning candidate to the total number of
registered votes in each district and not to the total number of voters who actually voted. The
SC held that it must apply the law and that the concerns of the petitioner must be directed to
the legislature and not to the Courts because the courts cannot amend the said law.

9. Menzon vs Petilla

- This case identified the situation where there is vacancy. It held that there is vacancy when there is no
person lawfully authorized to assume and exercise at present the duties of the office.

- This case also discussed that the Secretary of the Local Government has the authority to make
temporary appointments. Since the LGC is silent on the mode of succession in case of temporary
vacancy, the President acting through the Secretary of Local Government may remedy the situation by
issuing temporary appointments.

-The SC stated that the President has the authority under the CA 588 and Revised Administrative Code
to make temporary appointments in appointive positions, in case of any vacancy. Although the laws
state that it should be applied to appointive positions, the SC ruled that there is no reason not to apply
the same rule to the present case.

10. Navarro vs Court of Appeals

- This case discussed that a permanent vacancy arises when an elective official fills a higher vacant office,
refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise
permanently incapacitated to discharge the functions of the office.

- This case also discussed that the elevation of the highest ranking member of the Sangunnian to the
position of vice-mayor created the last vacancy in the Sanggunian bayan. Therefore under Sec 45 of the
LGC, the vacancy that was caused by the highest ranking sanggunian member shall be filled by the
political party as that of the Sanggunian who caused the vacancy. The reason behind this rule is to
maintain the party representation that was willed by the people during the election.

11. Farinas vs Barba

- In this case it was held that under the LGC, in case there is permanent vacancy that was caused by a
sanggunian who does not belong to any political party, the local chief executive, upon recommendation
of the Sanggunian concerned, shall appoint a qualified person to fill the vacancy.

- in the present case neither Nacino nor Pelafox was appointed in such manner. Although Nacino was
appointed by the Provincial Governor, he was not recommended by the Sangguniang Bayan. Onn the
other hand, Pelafox was recommended by the Sangguniang bayan, but he was appointed by the Mayor
and not the Provincial Governor.

12. La Carlota City vs Rojo

- Whether the resignation of Rojo as member of the Sanggunian Panglungsod is ineefective because the
privision with regard to quorum was not observed.

- No. Rojo complied with the provision on quorum and therefore his resignation was effective. In order
to compute the quorum for the Sangguniang panglungsod, the total composition of the Sangguniang
Panglungsod must be considered. Such Sangguniang Panglungsod is composed of the presiding officer,
10 regular members, and 2 ex officio members which is a total of 13 members. A majority of the 13
members or 7 members are needed in order to constitute a quorum. IN the present case, since there are
7 members including the presiding officer were present during the regular session of the Sanggunian
Panglungsod, clearly there was a quorum and that the resignation of Rojo was then accepted.