Dizon v. Commission on Elections
REITERATIONFacts
The Antecedents: Roberto L. Dizon, a resident and taxpayer of Mabalacat, Pampanga, filed a petition to disqualify and/or cancel the certificate of candidacy of Marino P. Morales, the incumbent Mayor of Mabalacat. Dizon alleged that Morales was ineligible to run for mayor in the May 14, 2007 elections because he had already served three consecutive terms in that position, citing Section 43 of the Local Government Code of 1991. Morales, however, contended that his service was interrupted and that the three-term limit did not apply to him, asserting that his term should be reckoned from 2001 and that his 2004 election was only his second term. Procedural History: The petition to disqualify and/or cancel Morales' certificate of candidacy was initially filed with the Commission on Elections (COMELEC) Second Division. This division dismissed the petition, taking judicial notice of a Supreme Court ruling in consolidated cases (Rivera and Dee v. COMELEC and Morales) which had previously addressed Morales' term limits. Dizon then filed a motion for reconsideration with the COMELEC En Banc, which affirmed the Second Division's resolution. This petition for certiorari and prohibition seeks to reverse the COMELEC En Banc's denial of Dizon's motion for reconsideration. The Petition: Petitioner Roberto L. Dizon filed this petition for certiorari and prohibition under Rule 65 of the 1997 Rules of Civil Procedure, seeking to overturn the COMELEC's resolutions. Dizon argues that the COMELEC gravely abused its discretion by ruling that Morales did not violate the three-year term limit and by considering Morales' fourth term as a gap due to the Supreme Court's ruling in the Rivera case. Specifically, Dizon contends that Morales' relinquishment of his position for one month and 14 days prior to the May 14, 2007 election did not constitute a sufficient interruption to render the three-term limit inapplicable, and that the 2007-2010 term would effectively be Morales' fifth term.
Issue(s)
Whether the COMELEC gravely abused its discretion in ruling that respondent Morales did not violate the three-year term limit when he ran and won as Mayor of Mabalacat, Pampanga during the May 14, 2007 election. Whether the COMELEC gravely abused its discretion in ruling that due to the Supreme Court's ruling in the consolidated cases of Rivera v. COMELEC, respondent Morales's fourth term is considered a gap in his service when he filed his certificate of candidacy for the 2007 elections. Whether the COMELEC gravely abused its discretion when it ruled that the fourth term of Morales was interrupted when he "relinquished" his position for one month and 14 days prior to the May 14, 2007 election; and whether the 2007-2010 term is Morales's fifth term.
Ruling
The petition is dismissed. The Resolution of the Commission on Elections En Banc dated 14 February 2008 and the Resolution of the Commission on Elections’ Second Division dated 27 July 2007 are affirmed.
Ratio Decidendi
On the issue of whether Morales violated the three-year term limit: The Court held that Morales did not violate the three-term limit. The Court reiterated that for the disqualification to apply, two conditions must concur: (1) the official has been elected for three consecutive terms in the same local government post, and (2) he has fully served three consecutive terms. In the Rivera case, the Court had already unseated Morales during his fourth term by cancelling his Certificate of Candidacy dated December 30, 2003, which disqualified him from the May 2004 elections. Consequently, the votes cast for him were considered stray votes, and he was not considered a candidate for that term. This ruling constituted an involuntary severance from office. The Court emphasized that involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. Therefore, Morales did not serve the full term of July 1, 2004, to June 30, 2007. On the effect of the Rivera case ruling on Morales's fourth term: The Court clarified that the ruling in the Rivera case, promulgated on May 9, 2007, served as Morales's involuntary severance from office for the 2004-2007 term. The decision was immediately executory, and Morales notified the vice-mayor's office the next day. The vice-mayor assumed office from May 17, 2007, to June 30, 2007. This interruption, regardless of its duration, meant Morales did not serve the full term. Thus, the period from May 17, 2007, to June 30, 2007, served as a gap for the purpose of the three-term limit rule. The Court found that Morales's occupancy of the mayoralty from July 1, 2004, to May 16, 2007, could not be counted as a full term due to this interruption. On whether the COMELEC gravely abused its discretion when it ruled that the fourth term of Morales was interrupted when he "relinquished" his position for one month and 14 days prior to the May 14, 2007 election; and whether the 2007-2010 term is Morales's fifth term: The Court concluded that the 2007-2010 term is effectively Morales's first term for purposes of the three-term limit rule. This is because he was disqualified from the 2004 elections, and his service in the 2004-2007 term was interrupted. The Court cited Lonzanida v. COMELEC to address Dizon's allegation that Morales violated the rule with impunity through lengthy litigations, stating that delays in resolving election protests cannot be imputed to the candidate unless there is proof of political maneuvering to prolong their stay in office. In this case, the interruption was due to an involuntary severance from office mandated by a Supreme Court decision, not by any deliberate act of Morales to prolong his incumbency beyond legal limits.
Main Doctrine
An involuntary severance from office, even for a short period, interrupts the continuity of service for purposes of the three-term limit rule under the Local Government Code. Consequently, the term during which the interruption occurred cannot be counted as a full term, and the subsequent term may be considered the first term for the purpose of computing the three-term limit.