News Flash

September 05, 2015, Saturday
  • Maynilad announces water supply interruptions in some of its service areas on Thursday & Friday next week. 14 hours ago |
  • 1 of 2 men who fell off Magallanes flyover while on board a motorcycle declared dead on arrival at Pasay City Gen. Hospital. 14 hours ago |
  • PNP HPG asks LGUs in areas along EDSA to deploy 1 cop & 1 investigator at ‘choke points’ in case accidents happen. 14 hours ago |
  • Bike lanes along EDSA being installed. 14 hours ago |
  • White Plains shooting suspect Jose Maria Abaya identified by new complainants in a 3rd shooting spree in Caloocan City. 14 hours ago |
  • PNP HPG increases the number of its members to man traffic at EDSA on Monday from 90 to 150. 14 hours ago |
  • Sen. Drilon to ask LP to immediately convene and approve its vice presidential candidate for 2016. 14 hours ago |
  • Sen. Franklin Drilon believes Sen. Grace Poe will run for president in 2016. 15 hours ago |
  • Mother of death convict Maryjane Veloso claims Consul General Roberto Manalo is causing a rift between her & her daughter. 15 hours ago |
  • Celia Veloso says her daughter Maryjane who is in Indonesia’s death row is angry with her for criticizing PH gov’t. 15 hours ago |
  • Suspect in fatal shooting of a man in Quiapo, Manila nabbed. 15 hours ago |
  • Suspect in the slay of DepEd official’s wife & maid in Sta. Ana, Manila denies involvement in the crime. 15 hours ago |
  • Suspect in a double murder case in Sta. Ana, Manila to undergo inquest proceeding. 15 hours ago |
  • 3 vendors killed in a shooting incident in Marawi City. 15 hours ago |
  • 50 more lawmakers to face charges in connection to PDAF scam. 15 hours ago |
  • Firearms of retired and suspended policemen to be subjected to inventory. 15 hours ago |
  • QCPD Station Commanders ordered to go on weekend duty. 15 hours ago |
  • PNP Chief Ricardo Marquez asks mall owners to give PNP prior notice on mall sale. 15 hours ago |
  • 2 victims rushed to hospital after the motorcycle they were riding fell off Magallanes flyover in Makati City. 15 hours ago |
  • Bayan says gov’t to pay P7.5B in penalty charge to consortium operating LRT 1 due to unfulfilled contract obligations. 15 hours ago |
  • Passengers observe MRT 3 trains’ aircon & engine are frequently turned off at some stations which cause more travel delays. 16 hours ago |
  • LRT 2 commuters stand in long lines at train stations to pay for single-journey tickets each time they take rides. 16 hours ago |
  • Lack of beep cards with stored value still plagues LRT 2 operations weeks after magnetic cards were phased out. 16 hours ago |
  • Coloma says President Aquino still trusts Customs Commissioner Bert Lina. 20 hours ago |
  • 2 rebels arrested following an encounter between soldiers & NPAs in Camarines Sur. 20 hours ago |
  • DOTC says drivers in Metro Manila should refrain from committing traffic violations such as swerving & counter-flowing. 20 hours ago |
  • DOTC attributes heavy traffic congestion in Metro Manila to motorists' lack of discipline. 20 hours ago |
  • Complainant Gerry Dionisio says Jose Maria Abaya had fired upon his Kia pick-up along TPLEX in June this year. 20 hours ago |
  • Another previous victim of White Plains shooting suspect Jose Maria Abaya surfaces. 20 hours ago |
  • DPWH to reclaim 1.5 meter of sidewalk along Edsa currently being occupied by illegal vendors. 20 hours ago |
  • DPWH to set up yellow delineators from Edsa-Munoz to Edsa-Roxas Blvd. to separate lanes for public & private vehicles. 20 hours ago |
  • Death toll in accident on Wednesday involving a 10-wheeler truck in Barangka, Marikina rises to 3. 21 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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