Lonzanida v.

COMELEC | Gonzaga-Reyes, 1999 Pet: Romeo Lonzanida candidate for mayor of San Antonio Zambales, sought to be disqualified by Priv. Resp.: Eufemio Muli, opponent Facts: 1. Lonzanida was duly elected and served two consecutive terms as municipal mayor. 2. May 1995 Lonzanida for the 3rd time won as mayor of San Antonio Zambales a. He assumed office and discharged duties from May 1995-March 1998 b. However, his then opponent Juan Alvarez FILED: election protest c. RTC: Failure of Election, proclamation of Lonzanida was null and void d. COMELEC: Affirmed. Proclaimed Alvarez as the mayor instead. e. Writ of execution ordering Lonzanida to vacate the post. He obeyed and ceased discharging duties as of Mar 1998. Alvarez assumed office for the remainder of the term 3. May 1998 Lonzanida again filed his COC for the Mayor of San Antonio. He won again! 4. Muli FILED: Petition to disqualify, ground: Lonzanida has already served three consecutive terms 5. COMELEC : Lonzanida disqualified. His proclamation, assumption of office and discharge of duties, despite being later unseated before the expiration of the term, counted as a service of one full term. COMELEC en banc: affirmed. 6. Lonzanida Stand: He was only duly elected as mayor for 2 consecutive terms. His service during 1995-1998 did not count because he was not duly elected as evidenced by the COMELEC resolution. Issue: Was the assumption of office, on void proclamation, count as a service for one full term? SC: No, he was neither duly elected, nor did he serve a full third consecutive term. 1. Background on the 3-term rule. Originally envisioned as a permanent bar to forestall accumulation of massive political power and to broaden the choices of the electorate. The commission however recognized the fact that to perpetually bar them from running would deprive the people of qualified candidates to choose from. Therefore the compromise was a hiatus of at least one term. 2. Borja, Jr. v. COMELEC 2 Conditions for the application of the disqualification (3term rule) 1. Elected for three consecutive terms in the same local government post. 2. Fully served three consecutive terms. 3. Here the two conditions are absent. a. His assumption of office was based on a void proclamation. He was not elected for a third consecutive term. a. A proclamation subsequently declared void is no proclamation at all -Torres v. COMELEC b. His assumption is merely presumptive, subject to the final determination of the election protest. b. He did not serve a full third term. a. He was ordered to vacate the post before the expiration of the term. b. The fact that he has served the greater portion of the term does not equal to service for the full term. This contention of his opponent has no legal basis. c. Note that the Constitution and LocGov code speaks of full term and that voluntary renunciation for any length of time is not an interruption in the continuity of service. d. Involuntary severance from office is an interruption of continuity of service. Thus the petitioner did not fully serve the 1995-1998 mayoral term. WHEREFORE Granted. COMELEC resolution disqualifying Lonzanida in 1998 elections is set aside.