95. G.R. No. 163295 January 23, 2006 The following day, May 8 at about 5:05 p.m.

The following day, May 8 at about 5:05 p.m. of the very same day – which is past
FRANCIS G. ONG, Petitioner, vs. JOSEPH STANLEY ALEGRE and the deadline for filing a certificate of candidacy, Rommel Ong filed his own
COMMISSION ON ELECTIONS, Respondents. certificate of candidacy for the position of mayor, as substitute candidate for his
x---------------------x brother Francis. However, it is recommended that the substitute certificate of
G.R. No. 163354 January 23, 2006 candidacy of Rommel Ong should be denied due course and the election officer be
ROMMEL G. ONG, Petitioner, vs. JOSEPH STANLEY ALEGRE and directed to delete his name from the list of candidates.
COMMISSION ON ELECTIONS, Respondents.
ISSUE:
Three-Term Limit Whether Francis Ong’s assumption of office as Mayor of San Vicente, Camarines
Norte for the mayoralty term 1998 to 2001 should be considered as full service for
DOCTRINE: the purpose of the three-term limit rule? – YES
Requisites for the Three-Term Limit for Elective Local Government Officials to a. Whether the COMELEC acted with grave abuse of discretion amounting to lack or
Apply to wit: excess of jurisdiction in declaring petitioner Francis as disqualified to run - NO
(1) that the official concerned has been elected for three (3) consecutive terms b. Whether the COMELEC committed grave abuse of discretion when it denied due course
to Rommel’s certificate of candidacy in the same mayoralty election as substitute for his
in the same local government post; and
brother Francis. - NO
(2) that he has fully served three (3) consecutive terms.
HELD:
FACTS:
Alegre and Francis Ong were candidates who filed certificates of candidacy for
The threeterm limit rule for elective local officials is found in Section 8, Article X of
mayor of San Vicente, Camarines Norte in the May 10, 2004 elections. Francis was
the 1987 Constitution, which provides:
then the incumbent mayor.
Sec. 8. The term of office of elective local officials, except barangay
Alegre filed with the COMELEC a petition to disqualify Francis Ong from running
officials, which shall be determined by law, shall be three years and no
predicated on the three-consecutive term rule, Francis having, according to Alegre,
such official shall serve for more than three consecutive terms. Voluntary
ran in the May 1995, May 1998, and May 2001 elections and have assumed office
renunciation of the office for any length of time shall not be considered as
as mayor and discharged the duties thereof for three consecutive full terms
an interruption in the continuity of his service for the full term for which he
corresponding to those elections.
was elected.
During the May 1998 elections saw both Alegre and Francis opposing each other
Section 43 (b) of the Local Government Code restates the same rule as follows:
for the office of mayor of San Vicente, Camarines Norte, with the latter being
Sec. 43. Term of Office.
subsequently proclaimed by COMELEC winner in that contest. Alegre subsequently
xxx xxx xxx
filed an election protest, docketed as Election Case No. 6850 before the Regional
(b) No local elective official shall serve for more than three consecutive
Trial Court (RTC) at Daet, Camarines Norte. In it, the RTC declared Alegre as the
years in the same position. Voluntary renunciation of the office for any
duly elected mayor in that 1998 mayoralty contest, albeit the decision came out only
length of time shall not be considered an interruption in the continuity of
on July 4, 2001, when Francis had fully served the 1998 2001 mayoralty term and
service for the full term for which the elective official concerned was
was in fact already starting to serve the 20012004 term as mayor elect of the
elected.
municipality of San Vicente.
For the threeterm limit for elective local government officials to apply, two
Acting on Alegre’s petition to disqualify and to cancel Francis’ certificate of
conditions or requisites must concur, to wit:
candidacy for the May 10, 2004 elections, the First Division of the COMELEC
(1) that the official concerned has been elected for three (3) consecutive terms
rendered on March 31, 2004 a resolution dismissing the said
in the same local government post, and
petition of Alegre. Alegre filed a motion for reconsideration. The COMELEC en
(2) that he has fully served three (3) consecutive terms.
banc issued, a resolution reversing the resolution of the COMELEC’s First Division
and thereby (a) declaring Francis "as disqualified to run for mayor in the May 10,
There can be no dispute about petitioner Francis Ong having been duly elected
2004"; (b) ordering the deletion of Francis’ name from the official list of candidates;
mayor of that municipality in the May 1995 and again in the May 2001 elections
and (c) directing the concerned board of election inspectors not to count the votes
and serving the July 1, 1995-June 30, 1998 and the July 1, 2001-June 30, 2004 terms
cast in his favor.
in full. The herein controversy revolves around the 1998-2001 mayoral term, albeit
there can also be no quibbling that Francis ran for mayor of the same municipality in
the May 1998 elections and actually served the 1998-2001 mayoral term by virtue of
a proclamation initially declaring him mayor-elect of the municipality of San
Vicente. The question that begs to be addressed, therefore, is whether or not
Francis’s assumption of office as Mayor of San Vicente, Camarines Norte from July
1, 1998 to June 30, 2001, may be considered as one full term service in the context
of the consecutive three-term limit rule. We hold that such assumption of office
constitutes, for Francis, “service for the full term,” and should be counted as a full
term served in contemplation of the three-term limit prescribed by the constitutional
and statutory provisions, barring local elective officials from being elected and
serving for more than three consecutive term for the same position.

It is true that the RTC-Daet, Camarines Norte ruled in Election Protest Case No.
6850, that it was Francis’ opponent (Alegre) who “won” in the 1998 mayoralty race
and, therefore, was the legally elected mayor of San Vicente. However, that
disposition, it must be stressed, was without practical and legal use and value,
having been promulgated after the term of the contested office has expired.
Petitioner Francis’ contention that he was only a presumptive winner in the 1998
mayoralty derby as his proclamation was under protest did not make him less than a
duly elected mayor. His proclamation by the Municipal Board of Canvassers of San
Vicente as the duly elected mayor in the 1998 mayoralty election coupled by his
assumption of office and his continuous exercise of the functions thereof from start
to finish of the term, should legally be taken as service for a full term in
contemplation of the three-term rule.

a. The ascription of grave abuse of discretion on the part of the

COMELEC en banc when it disqualified Francis from running in the
May 10, 2004 elections for the mayoralty post cannot be sustained.
b. A person without a valid certificate of candidacy cannot be considered
a candidate in much the same way as any person who has not filed any
certificate of candidacy at all can not, by any stretch of the
imagination, be a candidate at all.

WHEREFORE, the instant petitions are DISMISSED and the assailed en banc
Resolution dated May 7, 2004 of the COMELEC, in SPA No. 04048
AFFIRMED.
Costs against petitioners.
SO ORDERED.