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August 01, 2015, Saturday
  • Thunderstorms brought heavy rains across Metro Manila and in nearby provinces. 3 hours ago |
  • Camsur Rep. Leni Robredo says Pres. Aquino has not asked her to run for the vice presidency. 3 hours ago |
  • Valte says Roxas is already getting ready for a transition period at the DILG. 3 hours ago |
  • Valte says Sec. Mar Roxas need not be urged to resign as DILG Secretary. 3 hours ago |
  • Philpost releases for the second time commemorative stamps featuring Cory Aquino’s paintings. 3 hours ago |
  • Davao City experiencing 3 to 4 hours of rotational blackouts. 3 hours ago |
  • Sen. Poe says those who compare her to an unripe fruit must know this is what consumers prefer since it lasts longer. 6 hours ago |
  • Rep. Erice says Roxas intends to resign from DILG following his announcement of his presidential bid. 6 hours ago |
  • Caloocan Rep. Erice says LP still wants Sen. Grace Poe to run as Roxas’ vice presidential candidate. 6 hours ago |
  • Duterte on Roxas’ presidential bid: “I hope he makes it.” 6 hours ago |
  • Duterte says he is happy for Roxas after he got Pres. Aquino’s endorsement. 6 hours ago |
  • Stricter security measures to be enforced at NBP’s Building 14 where ‘Bilibid 19’ inmates are now detained. 6 hours ago |
  • High-profile NBP inmates ‘Bilibid 19’ returned to Muntinlupa after 7 months of detention at NBI. 6 hours ago |
  • Tropical storm ‘Soudelor’ outside PAR moving west at 20 kph. 6 hours ago |
  • Storm ‘Soudelor’ outside PAR has max. sustained winds of 65 kph & gustiness of up to 85 kph. 6 hours ago |
  • PAGASA says tropical storm ‘Soudelor’ won’t make landfall when it enters PAR on Wednesday. 6 hours ago |
  • Tropical storm with international name ‘Soudelor’ expected to enter PAR on Wednesday. 6 hours ago |
  • Binay & Fmr. Manila Mayor Alfredo Lim among those who sent flowers to Cory Aquino’s tomb. 6 hours ago |
  • Sixth death anniversary of Fmr. Pres. Cory Aquino being remembered today. 6 hours ago |

SC refines 3-term rule

By MST News | Jan. 26, 2013 at 12:01am
The Supreme Court has refined its ruling on the constitutional provision limiting elective local officials to three consecutive terms by considering an election protest as an involuntary interruption in an official’s term and discounting it from the term limit.

In an en banc decision penned by Associate Justice Presbitero Velasco Jr., the high court said “an involuntary interrupted term, cannot, in the context of the disqualification rule, be considered as one term for purposes of counting the three-term threshold.”

The three-term limit is provided in Section 8, Article 10 of the 1987 Constitution and reiterated in Section 43(b) of Republic Act No. 7160, or the Local Government Code.

The high court revisited its rulings on the three-term limit after Mayor Abelardo Abundo Sr. of  Viga, Catanduanes filed a petition challenging his disqualification to run purportedly because of the three-term rule.

Abundo ran for mayor in the 2001, 2004, 2007, and 2010 elections.  He emerged winner and assumed the mayorship in 2001 and 2007.

In 2004, however, his rival Jose Torres was proclaimed winner. Abundo successfully protested Torres’ proclamation and he assumed the mayorship from May 9, 2006 to June 30, 2007, or a period of a little over a year.

During the 2010 election, a disqualification case was filed against Abundo before the Virac Regional Trial Court, which ruled Abundo ineligible to serve as mayor becuase he had already served three consecutive terms from 2001 to 2010.

But the high court ruled in favor of Abundo, saying “the almost two-year period which Abundo’s opponent actually served as mayor is and ought to be considered an involuntary interruption of Abundo’s continuity of service.”

The SC also listed the prevailing jurisprudence on issues affecting the three-term rule and and involuntary interruptions. These are:

• When a permanent vacancy occurs and an official merely assumes the position via succession under the Local Government Code, then his service for the unexpired term of the replaced official cannot be treated as one full term.

• If the official again runs for the same position he held prior to his succession to higher office, his succession is by operation of law and is considered an involuntary severance or interruption.

• An elective official, who served for three consecutive terms but did not seek re-election to a fourth term, but later won in a recall election, had an interruption in the continuity of the official’s service because he was a private citizen prior to the recall election.

• The abolition of an elective local office due to the conversion of a municipality to a city does not, by itself, work to interrupt the incumbent official’s continuity of service.

• Preventive suspension is not a term-interrupting event as the elective officer’s continued stay and entitlement to the office remained although he is barred from exercising its functions.

• When a proclaimed election winner assumes office, his term is interrupted when he loses in an election protest and is ousted from office.
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