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ATTY. VENANCIO Q. RIVERA III v. COMELEC

This case has been cited 3 times or more.

2013-01-08
VELASCO JR., J.
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.
2012-10-09
CARPIO, J.
We cancelled Marino Morales' certificate of candidacy in Rivera III v. Commission on Elections (Rivera).[35] We held that Morales exceeded the maximum three-term limit, having been elected and served as Mayor of Mabalacat for four consecutive terms (1995 to 1998, 1998 to 2001, 2001 to 2004, and 2004 to 2007). We declared him ineligible as a candidate for the same position for the 2007 to 2010 term. Although we did not explicitly rule that Morales' violation of the three-term limit rule constituted false material representation, we nonetheless granted the petition to cancel Morales' certificate of candidacy under Section 78. We also affirmed the cancellation of Francis Ong's certificate of candidacy in Ong v. Alegre,[36] where the "petition to disqualify, deny due course and cancel" Ong's certificate of candidacy under Section 78 was predicated on the violation of the three-term limit rule.
2009-12-23
BRION, J.
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.