Borja vs Comelec Case Digest Facts: Jose T. Capco, Jr. Jr. was elected as Vice-Mayor of Pateros Pateros on January 18, 1988 for a term ending on June !, 199". #n $eptem%er ", 1989, &e %ecame Mayor, %y operation of law, upon t&e deat& of t&e incum%ent, Cesar 'or(a. T&ereafter, T&ereafter, Capco was elected and ser)ed as Mayor Mayor for two more terms, terms, from 199" to 1998. #n Marc& "*, 1998, Capco +led a Certi+cate of Candidacy for Mayor of Pateros in t&e May 11, 1998 elections. Petitioner 'en(amin . 'or(a, Jr., Jr., w&o was also a candidate for mayor, soug&t Capcos disuali+cation on t&e ground t&at Capco would &a)e already ser)ed as Mayor for consecuti)e terms %y June !, 1998/ &ence, &e would %e ineligi%le to ser)e for anot&er term. T&e $econd 0i)ision of t&e Comelec declared Capco disuali+ed %ut t&e Comele Comelec c en %anc re)er re)ersed sed t&e decisi decision on and declar declared ed Capco Capco eligi% eligi%le le to run for f or mayor. mayor. Capco was su%seuently )oted and proclaimed as mayor. mayor.
Issue: &et &et&e &err or not not a )ice )ice-m -may ayor or w&o w&o su succ ccee eeds ds to t&e t&e o2ce o2ce of mayor ayor %y operation of law and ser)es t&e remainder of t&e term is considered to &a)e ser)ed a term in t&at o2ce for t&e purpose of t&e t&ree-term limit.
Held: 3o. T&e term limit for electi)e local o2cials must %e ta4en to refer to t&e rig&t to %e elected as well as t&e rig&t to ser)e t&e same electi)e position. Cons Conse euen uenttly, ly, it is not not enoug noug& & t&at t&at an indi indi) )idua iduall &as &as ser ser)ed t&r t&ree consecuti)e terms in an electi)e local o2ce, &e must also &a)e %een elected to t&e same position for t&e same num%er of times %efore t&e disuali+cation can apply. apply. Capco was uali+ed uali+ed to run again as mayor in t&e ne5t election election %ecause &e was not elected to t&e o2ce of mayor in t&e +rst term %ut simply found &imself t&rust into it %y operation of law. law. 3eit&er &ad &e ser)ed t&e full term %ecause &e only continued t&e ser)ice, interrupted %y t&e deat&, of t&e deceased mayor. mayor. T&e )ice-mayors assumption of t&e mayors&ip in t&e e)ent of t&e )acancy is more a matter of c&ance t&an of design. 6ence, &is ser)ice in t&at o2ce s&ould not %e counted in t&e application of any term limit. T&e policy em%odied in t&e constitutional pro)ision 7rt. , :8; is not only to pre)e pre)ent nt t&e esta%li esta%lis&m s&ment ent of politi political cal dynast dynasties ies %ut also also to en&anc en&ance e t&e freedom of c&oice of t&e people. consideration of t&e &istorical %ac4ground of rt. , :8 of t&e Constitution re)eals t&at t&e mem%ers of t&e Consti Constitut tution ional al Commis Commission sion were were as muc& muc& concer concerned ned wit& wit& prese preser)i r)ing ng t&e free freedo dom m of c&oi c&oic ce of t&e t&e peo people ple as t&e t&ey were ere wit& it& pre) pre)e entin nting g t&e t&e monopoli
Borja vs COMELEC [295 C!" #5$% &! #''(95) e*tem+er ') #99,Posted %y Pius Morados on 3o)em%er >, "!11
(Municipal Corporation, Disqualifcation, Succession – Exception to the 3 term limit)
Facts? Pri)ate respondent Jose T. Capco, Jr. was elected )ice-mayor of Pateros on January 18, 1988 for a term ending June !, 199". #n $eptem%er ", 1989, &e %ecame mayor, %y operation of law, upon t&e deat& of t&e incum%ent, Cesar 'or(a. @or t&e ne5t two succeeding elections in 199" and 199A, &e was again re-elected as Mayor. #n Marc& "*, 1998, pri)ate respondent Capco +led a certi+cate of candidacy for mayor of Pateros relati)e to t&e May 11, 1998 elections. Petitioner 'en(amin . 'or(a, Jr., w&o was also a candidate for mayor, soug&t Capcos disuali+cation on t&e t&eory t&at t&e latter would &a)e already ser)ed as mayor for t&ree consecuti)e terms %y June !, 1998 and would t&erefore %e ineligi%le to ser)e for anot&er term after t&at. T&e $econd 0i)ision of t&e Commission on Blections ruled in fa)or of petitioner and declared pri)ate respondent Capco disuali+ed from running for reelection as mayor of Pateros %ut in t&e motion for reconsideration, ma(ority o)erturned t&e original decision.
Issue? #3 Capco &as ser)ed for t&ree consecuti)e terms as Mayor Held? 3o. rticle , $ec. 8 of t&e Constitution pro)ides t&at DEt&e term of o2ce of electi)e local o2cialsE Es&all %e t&ree years and no suc& o2cial s&all ser)e for more t&an t&ree consecuti)e terms. Voluntary renunciation of t&e o2ce for any lengt& of time s&all not %e considered as an interruption in t&e continuity of &is ser)ice for t&e full term for w&ic& &e was elected.F T&is pro)ision is restated in par. G7%; of t&e Hocal Io)ernment Code 7.. 3o. *1; w&ic& states t&at DEno local electi)e o2cial s&all ser)e for more t&an t&ree 7; consecuti)e terms in t&e same position. Voluntary renunciation of t&e o2ce for any lengt& of time s&all not %e considered as an interruption in t&e continuity of ser)ice for t&e full term for w&ic& t&e electi)e o2cial concerned was electedE.F T&e term ser)ed must t&erefore %e one Dfor w&ic& Kt&e o2cial concernedL was elected.F T&e purpose of t&is pro)ision is to pre)ent a circum)ention of t&e limitation on t&e num%er of terms an electi)e o2cial may ser)e. Con)ersely, if &e is not ser)ing a term for w&ic& &e was elected %ecause &e is simply continuing t&e ser)ice of t&e o2cial &e succeeds, suc& o2cial cannot %e considered to &a)e fully ser)ed t&e term not wit&standing &is )oluntary renunciation of o2ce prior to its e5piration. T&e term limit for electi)e local o2cials must %e ta4en to refer to t&e rig&t to %e elected as well as t&e rig&t to ser)e in t&e same electi)e position.
Conseuently, it is not enoug& t&at an indi)idual &as ser)ed t&ree consecuti)e terms in an electi)e local o2ce, &e must also &a)e %een elected to t&e same position for t&e same num%er of times %efore t&e disuali+cation can apply.
