Borja vs Comelec Case Digest Three-Term Three-Term Limit
Facts:
Jose T. Capco, Jr. was elected as Vice-Mayor of 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, Capco was elected and ser)ed as Mayor for two more terms, from 199" to 1998. #n Marc& "*, 1998, Capco file filed d a Certif rtific icat ate e
of
Candid ndida acy for for
Mayo ayor
of Pateros ros
in
t&e
May 11,
1998 998
elections. Petitioner 'en(amin +. 'or(a, Jr., w&o was also a candidate for mayor, soug&t Capcos disualification 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 anot&er term. term. T&e $econd $econd /i)ision /i)ision of t&e Comelec Comelec declared declared Capco Capco disuali disualified fied %ut t&e t&e Comele Comelec c en %anc %anc re)ers re)ersed ed t&e decis decision ion and decla declared red Capco Capco eligi% eligi%le le to run for mayor. Capco was su%seuently )oted and proclaimed as mayor.
Issue:
0&et&er or not a )ice-mayor w&o succeeds to t&e office of mayor %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 office for t&e purpose of t&e t&ree-term limit.
Held:
o. T&e term limit for electi)e local officials must %e ta2en to refer to t&e right to be elected elected as well as the right to serve the same elective position. Conseuently, it is not
enoug& t&at an indi)idual &as ser)ed t&ree consecuti)e terms in an electi)e local office, &e must also &a)e %een elected to t&e same position for t&e same num%er of times %efore t&e disualification can apply. Capco was qualifed to run again as mayor in t&e ne3t election %ecause &e was not elected to t&e office of mayor in t&e first term %ut simply found &imself t&rust into it %y operation of law. eit&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. 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. 4ence, &is ser)ice in t&at office s&ould not %e counted in t&e application of any term limit.
T&e policy em%odied in t&e constitutional pro)ision 56rt. 7, 8 is not only to pre)ent t&e esta%lis&ment of political dynasties %ut also to en&ance t&e reedom o choice of t&e people. 6 consideration of t&e &istorical %ac2ground of 6rt. 7, 8 of t&e Constitution re)eals t&at t&e mem%ers of t&e Constitutional Commission were as muc& concerned wit& preser)ing t&e freedom of c&oice of t&e people as t&ey were wit& pre)enting t&e monopoli:ation of political power. ;n discussing term limits, t&e drafters of t&e Constitution did so on t&e assumption t&at t&e officials concerned were ser)ing %y reason of election. To consider Capco to &a)e ser)ed t&e first term in full and t&erefore ineligi%le to run a t&ird time for reelection would %e not only to falsify reality %ut also to unduly restrict t&e rig&t of t&e people to c&oose w&om t&ey wis& to go)ern t&em. (Borja vs Comelec, G.R. No. 133495, September 3, 1998)
Borja vs Comelec Borja vs Comelec case brief summary Facts: Jose Capco Jr. was elected vice-mayor of Pateros in the 1!! election. "n #eptember $% 1! he became mayor% by operation of law upon the death of the incumbent mayor. &e was elected for mayor in the 1$ election and was re-elected in the 1' election. &e filed a certificate of candidacy for mayor relative to the upcomin( 1! e lections. Petitioner who was a candidate for mayor sou(ht the dis)ualification of Jose Capco Jr. on the (round of the three-term limit rule under the constitution and local (overnment code. Capco (ot the majority of votes and was proclaimed as mayor of Pateros. *ssue: +hether or not Capco Jr. is eli(ible to run for mayor. ,ulin(:
es% the three-term limit for elective local official refers to the ri(ht to be elected as well as the ri(ht to serve in the same elective position. *n relation to this it is not enou(h that a person has served three consecutive terms in an elective local office% he must also have been elected to the same position. herefore% the succession by operation of law by Capco does not count as a term in countin( the threeterm limit rule. 0
! ! - See more at: http://www.lawschoolcasebriefs.net/2014/06/borja-vs-comelec.htmlsthash.!"wi1h#$.#p%f Thursday, March 6, 2014
B",J/ versus C"02C
Succession to an oce or by operation o law under the three consecutive terms limitation
BORJA versus O!"#"
$acts% &rivate respondent Jose '( arpo) Jr( was elected vice*mayor o &ateros on January +,) +-,, or a term ending June ./) +--0( On September 0) +-,-) he became mayor) by operation o law) upon the death o the incumbent) esar Bor1a( $or the ne2t two succeeding elections in +--0 and +--3) he was again re*elected as !ayor( On !arch 04) +--,) private respondent arpo fled a certifcate o candidacy or mayor o &ateros relative to the !ay ++) +--, elections( &etitioner Ben1amin 5( Bor1a) Jr() who was also a candidate or mayor) sought arpo6s disqualifcation on the theory that the latter would have already served as mayor or three consecutive terms by June ./) +--, and would thereore be ineligible to serve or another term ater that(
O!"#" ruled in avour o petitioner and declared private respondent arpo saying that 78n both the onstitution and the #ocal 9overnment ode) the three*term limitation reers to the term o oce or which the local ocial was elected( 8t made no reerence to succession to an oce to which he was not elected(: arpo won the election case against Bor1a( ;ence) this petition(
8ssue%
;eld% =o( 'he court held that when arpo occupied the post o the !ayor upon the incumbent6s death and served or remainder o the term) he cannot be construed as having served a ull term as contemplated under the three term limit( 'he term he served must be one or which he was elected( $urthermore) beore assuming the position o !ayor) he served frst as a >ice !ayor and the duties and responsibilities o the two positions are wholly di?erent rom each other(
