Abundo, Sr. v Comelec Gr No. 201716

TITLE: Abundo, Sr. v COMELEC, GR no. 201716, January 8, 2013 MAYOR ABELARDO ABUNDO, SR., petitioner, vs. COMMISSION ON ELECTIONS and ERNESTO R. VEGA, respondents. Ponente: Justice Velasco, Jr. Petition: the petitioner seeks to nullify the resolution of COMELEC affirming the RTC’s decision declaring the petitioner as ineligible for reelection. Topics: Doctrines and Provisions: Three Consecutive Terms may be broken or interrupted by Involuntary Interruptions. Involuntary Interruption is claimed to result from any of these events of causes: succession of assumption of office by operation of law; preventive suspension; declaration of defeated candidate as the winner in an election contest; declaration of the proclaimed candidate as the losing party in an election contest; proclamation of a non-candidate as the winner in a recall election; removal of the official by operation of law. Facts:         

2001 Election, Abundo, Sr. won as Mayor of Viga, Catanduanes. 2004 Election, Torres was initially proclaimed the winner as Mayor of Viga, Catanduanes, thus served for the position. May 9, 2006, Abundo, Sr. was declared the actual winner, thus his assumption of office for the remainder of the term. 2007 Election Abundo, Sr. won as Mayor of Viga, Catanduanes. 2010 Election Abundo, Sr. filed for candidacy for the same position. Torres sought for Abundo’s disqualification. August 9, 2010, RTC declared Abundo, Sr. ineligible for position. Abundo, Sr. appealed in COMELEC, COMELEC dismissed the appeal. Hence this petition;

Issues and Holdings: 1. Whether or not Mayor Abelardo Abundo, Sr. has served for full three consecutive terms and is barred from running for another term? No, Abelardo Abundo, Sr. did not serve the full three consecutive terms and is therefore not barred for running for another term. It cannot be said that Abundo, Sr. has fully served 20042007 term, Abundo, Sr. actually held the office and exercised the functions as mayor only upon his declaration, following the resolution of the protest, as duly elected candidate in the May 9, 2006 elections or for only a little over one year and one month, which is less than the legally contemplated full tern of local government official.

Ruling:

the instant petition is PARTLY GRANTED. Accordingly, the assailed Resolution of the Commission on Elections and the Decision of the Regional Trial Court re hereby REVERSED and SET ASIDE. Petitioner Abelardo Abundo, Sr. is DECLARED ELIGIBLE for the position of Mayor of Viga, Catanduanes to which he was duly elected in the May 2010 elections and is accordingly ordered IMMEDIATELY REINSTATED to said position. Note: Three-term Limit Rule: Disqualification: To constitute a disqualification to run for an elective local office, the following requisites must concur: (1) that the official concerned has been elected for three consecutive terms for the post; and (2) that he has fully served the three consecutive terms.