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SIMON B. ALDOVINO v. COMELEC

This case has been cited 7 times or more.

	GR No. 207851 2014-07-08	ANGEL G. NAVAL v. COMELEC REYES, J.
The case before this Court is one of first impression. While the contending parties cite Latasa, Lonzanida v. COMELEC,[26] Borja, Aldovino, Jr. v. COMELEC,[27] and Bandillo, which all involve the application of the three-term limit rule, the factual and legal circumstances in those cases are different and the doctrinal values therein do not directly address the issues now at hand.
	GR No. 172551 2014-01-15	LAND BANK OF PHILIPPINES v. YATCO AGRICULTURAL ENTERPRISES BRION, J.
The situation where a deviation is made in the exercise of judicial discretion should at all times be distinguished from a situation where there is utter and blatant disregard of the factors spelled out by law and by the implementing rules. For in such a case, the RTC-SAC's action already amounts to grave abuse of discretion for having been taken outside of the contemplation of the law.[41]
	GR No. 201716 2013-01-08	MAYOR ABELARDO ABUNDO v. COMELEC VELASCO JR., J.
In so ruling, the trial court, citing Aldovino, Jr. v. COMELEC,[10] found Abundo to have already served three consecutive mayoralty terms, to wit, 2001-2004, 2004-2007 and 2007-2010, and, hence, disqualified for another, i.e., fourth, consecutive term. Abundo, the RTC noted, had been declared winner in the aforesaid 2004 elections consequent to his protest and occupied the position of and actually served as Viga mayor for over a year of the remaining term, i.e., from May 9, 2006 to June 30, 2007, to be exact. To the RTC, the year and a month service constitutes a complete and full service of Abundo's second term as mayor.
	GR No. 196804 2012-10-09	MAYOR BARBARA RUBY C. TALAGA v. COMELEC BERSAMIN, J.
In the meantime, on December 23, 2009, the Court promulgated the ruling in Aldovino, Jr. v. Commission on Elections,[8] holding that preventive suspension, being a mere temporary incapacity, was not a valid ground for avoiding the effect of the three-term limit rule. Thus, on December 30, 2009, Ramon filed in the COMELEC a Manifestation with Motion to Resolve, taking into account the intervening ruling in Aldovino. Relevant portions of his Manifestation with Motion to Resolve are quoted herein, viz: 4. When respondent filed his certificate of candidacy for the position of Mayor of Lucena City, the rule that 'where the separation from office is caused by reasons beyond the control of the officer i.e. involuntary the service of term is deemed interrupted' has not yet been overturned by the new ruling of the Supreme Court. As a matter of fact, the prevailing rule then of the Honorable Commission in [sic] respect of the three (3)-term limitation was its decision in the case of Aldovino, et al. vs. Asilo where it stated:
	GR No. 196804 2012-10-09	MAYOR BARBARA RUBY C. TALAGA v. COMELEC BERSAMIN, J.
Four days later, or on December 5, 2009, Castillo filed with the COMELEC a petition denominated as In the Matter of the Petition to Deny Due Course to or Cancel Certificate of Candidacy of Ramon Y. Talaga, Jr. as Mayor for Having Already Served Three (3) Consecutive Terms as a City Mayor of Lucena, which was docketed as SPA 09-029 (DC).[4] He alleged therein that Ramon, despite knowing that he had been elected and had served three consecutive terms as Mayor of Lucena City, still filed his CoC for Mayor of Lucena City in the May 10, 2010 national and local elections.
	GR No. 196804 2012-10-09	MAYOR BARBARA RUBY C. TALAGA v. COMELEC BERSAMIN, J.
It was only on May 13, 2010 when the COMELEC En Banc, upon the recommendation of its Law Department,[17] gave due course to Barbara Ruby's CoC and CONA through Resolution No. 8917, thereby including her in the certified list of candidates.[18] Consequently, the CBOC proclaimed Barbara Ruby as the newly-elected Mayor of Lucena City.[19]