Professional Documents
Culture Documents
1. So did not the SC reiterate the three requisites for the 3 term limit rule to apply
the official concerned has been elected for 3 consecutive terms in the same
local government post
the official has fully served 3 consecutive terms
G: Should be elected not only a candidate because you might have lost the
elections
G: In this particular case, it’s a reversal of fortune because in this case he was not
proclaimed the winner so he was not able to take his oath to assume office; in
the middle of the term he was latter on proclaimed the winner; during the interim
wherein he was waiting for the result of the election protest he was a private
individual
2. Take note of the first requisite which is election. In this case no less than the
COMELEC is now saying that “you were the one who was elected”; does it not count
as one term then?
No bc he was not able to serve the term
G: Go back to requisites; in case of doubt rule in favor of 3 term limit rule because
the court is zealous in guarding against excessive terms of office
3. What about the one who was proclaimed first and served for quite some time; did it
count as one term for him?
No, because the candidate does not fall under the contemplation of the 2
requisites
o 1st: was not validly elected; void proclamation is no proclamation at
all
o 2nd: did not fully serve the term bc forced to vacate office thus it was
interrupted; no choice but to vacate because there was a writ of
execution
G: Lucy torres story- Richard Gomez first who ran but was disqualified for
material misrepresentation as to his residence bc it was Lucy who actually
resided in Ormoc; Lucy was domiciled in Ormoc so it was her residence thus she
replaced Richard; Lucy was disqualified shortly before the end of her term bc the
COMELEC said that Richard not a candidate to begin with so he cannot be
validly substituted; Lucy “theoretically” had to vacate; Lucy’s term interrupted
so does not count so she can still run for a 3rd and 4th term
Sectors to be Represented by PL
19. under Consti, what are the sectors to be represented
labor
peasant
urban poor
fisherfolk
women
youth
others as may be provided by law…
20. when you say “other as may be provided by law” what does it mean
not self-executing
G: Congress given leeway to add as long as in the enumeration they are similarly
situated
21. so can Congress add to that enumeration
yes
22. so did Congress add
yes, the PL law
23. who were added
veterans
OFWs
PWDs
24. how do you classify the sectors
marginalized or underrepresented
lacking well-defined political constituents
25. who fall under marginalized
urban poor
indigenous cultural communities
26. who fall under lacking well-defined constituencies
women
youth
27. PWDs, do they lack well-defined political constituencies
yeah, they are only few in number in a particular district but if you total them
in the entire PH they could produce enough votes to have a representative
G:in a particular district, dili nila kaya or there are not enough numbers for them
but in totality nationwide it would be more than enough to have a seat in
Congress by way of PL
28. can the religious sector be represented
no, it is an exception
29. can Congress legislate allowing the religious sector to be represented
no, contrary to mandate of Consti [separation of church and state]
30. when congress added to the enumeration, is that the end of it
no, because Congress may still legislate to add to the enumeration
31. if a particular sector is not one of those enumerated under the are you saying they
cant send a PL group to Congress
no, as long as they comply with the requirements provided by the Consti and
none of the disqualifications