This case has been cited 5 times or more.
2013-01-08 |
VELASCO JR., J. |
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With regard to the effects of an election protest vis-à-vis the three- term limit rule, jurisprudence presents a more differing picture. The Court's pronouncements in Lonzanida v. Commission on Elections[45] (1999), Ong v. Alegre[46] (2006), Rivera III v. Commission on Elections[47] (2007) and Dizon v. Commission on Elections[48] (2009), all protest cases, are illuminating. | |||||
2009-12-23 |
BRION, J. |
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Ong v. Alegre[8] and Rivera v. COMELEC,[9] like Lonzanida, also involved the issue of whether there had been a completed term for purposes of the three-term limit disqualification. These cases, however, presented an interesting twist, as their final judgments in the electoral contest came after the term of the contested office had expired so that the elective officials in these cases were never effectively unseated. | |||||
2009-12-23 |
BRION, J. |
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To recapitulate, Asilo's 2004-2007 term was not interrupted by the Sandiganbayan-imposed preventive suspension in 2005, as preventive suspension does not interrupt an elective official's term. Thus, the COMELEC refused to apply the legal command of Section 8, Article X of the Constitution when it granted due course to Asilo's certificate of candidacy for a prohibited fourth term. By so refusing, the COMELEC effectively committed grave abuse of discretion amounting to lack or excess of jurisdiction; its action was a refusal to perform a positive duty required by no less than the Constitution and was one undertaken outside the contemplation of law.[21] | |||||
2009-12-23 |
BRION, J. |
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The definition of "full service of three consecutive terms" is linked to the concepts of "interruption of service" and "voluntary renunciation." In Ong v. Alegre,[26] we stated that service for a full term in contemplation of the three-term rule consists of proclamation as winner by the Board of Canvassers, coupled by assumption of office and continuous exercise of the functions thereof from start to finish of the term. There is no interruption or break in the continuity of service when the elected official is never unseated during the term in question or never ceases discharging his duties and responsibilities for the entire period covering his term. |