Abundo v. Commission on Elections
NEW DOCTRINEFacts
The Antecedents: Petitioner Abelardo Abundo, Sr. (Abundo) ran for Mayor of Viga, Catanduanes in the 2001, 2004, 2007, and 2010 elections. He was proclaimed winner and served in 2001 and 2007. In the 2004 elections, Jose Torres was initially proclaimed winner and served as Mayor. Abundo protested the election, and was eventually declared the winner, serving the remainder of the 2004-2007 term from May 9, 2006, to June 30, 2007 (approximately one year and one month). Procedural History: For the 2010 elections, Torres sought Abundo's disqualification based on the three-term limit rule. Separately, Ernesto R. Vega filed a quo warranto action against Abundo, also citing the three-term limit rule. The Regional Trial Court (RTC) ruled Abundo ineligible, finding his service from May 9, 2006, to June 30, 2007, constituted a full second term. The Commission on Elections (COMELEC) Second Division affirmed the RTC decision, as did the COMELEC en banc. The COMELEC held that service of the unexpired portion of a term by a protestant declared winner is considered a full term and that there was no involuntary interruption. The Petition: Abundo filed a Petition for Certiorari before the Supreme Court, assailing the COMELEC resolutions. He argued that the COMELEC committed grave abuse of discretion in declaring his arguments in the motion for reconsideration as mere reiterations and in ruling that he had served three consecutive terms, despite only serving a portion of the second term due to an election protest.
Issue(s)
Whether the COMELEC en banc committed grave abuse of discretion amounting to lack or excess of jurisdiction when it declared the arguments in Abundo’s motion for reconsideration as mere rehash and reiterations of claims previously raised. Whether the COMELEC en banc committed grave abuse of discretion amounting to lack or excess of jurisdiction when it declared that Abundo had consecutively served for three terms despite only serving the remaining one year and one month of the second term as a result of an election protest.
Ruling
The Supreme Court partly granted the petition, reversed and set aside the assailed resolutions of the COMELEC and the decision of the RTC. Petitioner Abelardo Abundo, Sr. was declared eligible for the position of Mayor of Viga, Catanduanes in the May 2010 elections and was ordered immediately reinstated. Emeterio M. Tarin and Cesar O. Cervantes were ordered to vacate the positions of Mayor and Vice-Mayor, respectively.
Ratio Decidendi
On the issue of COMELEC en banc declaring arguments in the motion for reconsideration as mere rehash: The Court found this assertion to be without merit. It noted that while the arguments in the motion for reconsideration were elucidations and amplifications of issues raised in the appeal brief, they presented distinct grounds. Specifically, the brief raised the issue of the RTC's jurisdiction and assailed the reliance on Aldovino, Jr., while the motion for reconsideration focused on the conclusiveness of the COMELEC's finding on qualification and argued that Aldovino, Jr. was not applicable due to partial service of term. Therefore, the COMELEC erred in dismissing the motion for reconsideration on the ground that the arguments were mere reiterations. On the core issue of whether Abundo served three consecutive terms: The Court ruled in favor of Abundo, finding that his service of the unexpired portion of the 2004-2007 term did not constitute a full term for purposes of the three-term limit rule. The Court reasoned that the period during which his opponent, Torres, served as Mayor (approximately two years) constituted an involuntary interruption of Abundo's continuity of service. This interruption effectively removed Abundo's case from the ambit of the three-term limit rule. The Court emphasized that Abundo did not serve the full three-year term to which he was entitled, as he only assumed office on May 9, 2006, and served for a little over one year and one month. The period from June 30, 2004, to May 8, 2006, during which Torres occupied the office, was considered a hiatus and an involuntary interruption, during which Abundo was effectively a private citizen. The Court distinguished this from cases where an official serves the full term despite a later voiding of proclamation, or where preventive suspension occurs, as in Aldovino, Jr. The Court concluded that a contrary ruling would cause grave injustice to Abundo and the people of Viga, Catanduanes, by depriving them of their right to choose their leaders.
Main Doctrine
Service of an unexpired portion of a term by a local elective official, arising from being declared the winner in an election protest, constitutes an involuntary interruption and is not considered a full term for purposes of the three-consecutive-term limit rule, provided the official did not serve the entire term.