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Case No. 2: Adormeo v. COMELEC

G.R. No. 147927, 4 February 2002

TOPIC: Term/ Tenure

DOCTRINE
An elected official serving an unexpired term after winning in the recall elections is not
considered to serve a full term for the purpose of applying the three-term limit on local
officials.

Therefore, private respondent was not elected for 3 consecutive terms. For nearly 2 years, he
was a private citizen. The continuity of his term as mayor was disrupted by his defeat in the
1998 elections.

FACTS:
Private respondent Ramon Talaga, Jr. served as mayor of Lucena City during terms
1992-1995 and 1995-1998. During the 1998 elections, Talaga lost to Bernard G. Tagarao.
However, before Tagarao’s 1998-2001 term ended, a recall election was conducted in May
2000 wherein Talaga won and served the unexpired term of Tagarao until June 2001. When
Talaga ran for mayor in 2001, his candidacy was challenged on the ground that he had
already served as mayor for three consecutive terms in violation of the three term-limit rule.
Comelec found Talaga disqualified to run for mayor. Talaga filed a motion for reconsideration
which Comelec granted. Talaga was then elected Mayor.

Section 8, Article X of the 1987 Constitution provides that the term of office of elective
officials, except barangay officials, which shall be determined by law, shall be 3 years and no
such official shall serve for more than 3 consecutive terms. 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.

Section 43(b) of RA 7160 (Local Government Code) provides that “no local elective
official shall serve for more than 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.”

ISSUE:
WON private respondent Talaga had already served 3 consecutive terms for mayor of Lucena
City. NO

ARGUMENTS

PETITIONER (RAYMUNDO M. ADORMEO): RESPONDENT (COMELEC AND RAMON Y.

TALAGA, JR):
Petitioner filed a petition to cancel COC
and/or disqualification of the respondent on Private respondent maintains that his service
the ground that the latter was elected and as city mayor of Lucena is not consecutive.
had served as city mayor for 3 consecutive He lost his bid for second re-election in 1998
and during Tagarao’s incumbency, he was a
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terms contending that serving the unexpired private citizen, thus he had not been a mayor
term of office is considered as 1 term. for 3 consecutive terms.

SC RULING:
No. The private respondent was not elected for 3 consecutive terms. For nearly 2 years, he
was a private citizen. The continuity of his term as mayor was disrupted by his defeat in the
1998 elections.

The term limit for elective local officials must be taken to refer to the right to be elected
as well as the right to serve in the same elective position. Consequently, it is not enough
that an individual has served three consecutive terms in an elective local office, he must also
have been elected to the same position for the same number of times before the
disqualification can apply.

For nearly two years Talaga was a private citizen. The continuity of his mayorship was
disrupted by his defeat in the 1998 elections. The time between his second term and the
recall election is sufficient interruption. Thus, there were no three consecutive terms as
contemplated in the disqualifications in the LGC.

Talaga only served two consecutive full terms. There was a disruption when he was defeated
in the 1998 elections. His election during the 2000 recall election is not a continuation of
his two previous terms which could constitute his third term thereby barring him from
running for a fourth term. Victory in the 2000 recall election is not the “voluntary renunciation”
contemplated by the law.

Hence, being elected in a recall election interrupts the 3 consecutive term limit.

Note: Recall – a petition designed to remove an official from office by reason of lack of
confidence. It is initiated only in the middle of the year.