Abundo vs. Comelec, G.R. No. 201716, Jan. 8, 2013
Abundo vied for the position of municipal mayor of Viga, Catanduanes. In both the 2001 and 2007 runs, he emerged and as proclaimed as the inning mayoralty candidate and accordingly served the corresponding terms as mayor. In the 200! electoral derby, hoever, the Viga municipal board board of canvasse canvassers rs initially proclaimed as inner one "ose #orres $#orres%, ho, in due time, performed the functions of the o&ce of mayor mayor.. Abun Abundo do prot protested ested #orr #orres' es' ele election ction and pro proclam clamation ation.. Abund Abundo o as eventually declared the inner of the 200! mayoralty electoral contest, paving the ay for his assumption of o&ce starting (ay ), 200* until the end of the 200!+2007 term on "une 0, 2007, or for a period of a little over one year and one month. #hen came the (ay 10, 2010 elections elections here Abundo Abundo and #orres #orres again again opposed each other. -hen Abundo led his certicate of candidacy for the mayoralty seat relative to this electoral contest, #orres lost no time in see/ing the former's disualication to run, the corresponding corre sponding petition, predicated on the three+cons three+consecutive ecutive term limit rule. ISSU !1" Is the service of a term less than the full three years by (ayor Abundo, in vie of an election protest, considered as full service of the term for purposes of the application of the three consecutive term limit for elective local o&cials RU#ING" o. Abundo cannot plausibly claim,even if he anted to, that he could hold o&ce of the mayor as a matterof right during the period of one year and ten months, or from "une 0, 200! until (ay 3, 200*. either can heassert title to the same nor serve the functions ofthe said elective o&ce. #he reason is that during that period, title to hold such o&ce and the corresponding right to assume the functions thereof still belonged to his opponent, as proclaimed election inner. Accordingly, Abundo actually held the o&ce and e4ercised the functions as mayor only upon his declaration, folloing the resolution of the protest, as duly elected candidate in the (ay 200! elections or for only a little over one year and one month. Conseuently, since the legally contemplated full term for local elected o&cials is three $% years, it cannot be said that Abundo fully served the term 200!+2007. ISSU !2" ISSU !2" 5nder hat instances are the consecutive terms not 6involuntary bro/en or interrupted RU#ING" #he instances instancesherein herein such consecutive terms are not considere considered d as having been 6involuntarily interrupted or bro/en are as follos8
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