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LOCGOV V: ELECTIVE OFFICIALS, Republic Act No. 8295 June 6,…

- - - - PROVINCES WITH MORE THAN 5 LEGISLATIVE DISTRICTS:
        =
        EACH DISTRICT SHALL HAVE 2 SANGGUNIANG PANLALAWIGAN MEMEBRS
        Provided, That in provinces having more than five (5) legislative districts, each district shall have two (2) sangguniang panlalawigan members, without prejudice to the provisions of Sec. 2 of Republic Act No. 6637.
        
        SANGGUANIANG BARANGAY MEMBERS ELECTED AT LARGE
        Sangguniang barangay members shall be elected at large.
        
        PRESIDENTS OF LEAGUES SERVE AS EX OFFICIO MEMBERS OF SP
        The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned.
        
        PRESIDENTS OF LIGA AND PEDERASYON
        =
        EX OFFICIO MEMBERS OF SW, SL, SB
        The presidents of the liga ng mga barangay and the pederasyon ng mga sangguniang kabataan elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan."
      - Section 7. Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:
        "Sec. 428. Qualifications. – An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude."
        
        Section 2. Term of Office. –The term of office of all barangay and sangguniang kabataan officials after the effectivity of this Act shall be three (3) years.
        No barangay elective official shall serve for more than three (3) consecutive terms in the same position: Provided, however, That the term of office shall be reckoned from the 1994 barangay elections. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.
        
        Section 9. Applicability of Other Election Laws. – The Omnibus Election Code and other existing election laws, as far as practicable, shall apply to barangay and sangguniang kabataan elections.
        
        Section 10. Implementing Rules and Regulations. The COMELEC shall promulgate such rules and regulations necessary to implement this Act.
    - - 21 YRS OLD FOR:
        
        MAYOR
        
        VICE-MAYOR OF:
        a. INDEPENDENT COMPONENT CITIES
        b. COMPONENT CITIES
        c. MUNICIPALITIES
        (c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day.
        
        18 YO FOR:
        
        MEMBER OF SANGGUNIANG:
        a. PANLUNGSOD
        b. SANGGUNIANG BAYAN
        (d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day.
        
        18 YO FOR:
        
        PUNONG BARANGAY/MEMBER OF:
        a. SANGGUNIANG BARANGAY
        (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day.
        
        15-21 YO FOR
        SANGGUNIANG KABATAAN
        (f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.
    - - REACQUISITION RETROACTS TO APPLICATION
        Upon reacquisition of PH Citizenship, such PH Citizenship retroacts to the date of applying for reacquisition.
        (Frivaldo v. COMELEC)
  - - - VACANCIES & SUCCESSION
        
        PERMANENT
        
        TEMPORARY
        
        TEMPORARY VACANCY =
        NEXT HIGHEST RANKING EXERCISES
        DUTIES AND FUNCTIONS
        Section 46. Temporary Vacancy in the Office of the Local Chief Executive. -
        (a) When the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member shall AUTOMATICALLY exercise the powers and perform the duties and functions of the local chief executive concerned,
        
        TERMINATES UPON
        WRITTEN DECLARATION OF LCE
        (b) Said temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief executive concerned that he has reported back to office.
        
        OIC DESIGNATED IN WRITING IF:
        
        LCE TRAVELING INSIDE COUNTRY
        
        OUT OF TERRITORIAL JURIS FOR 3 DAYS
        (c) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the said office.
        
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        PLUS DOCS PROVING ABSENCE OF
        LEGAL CAUSES OF INCAPACITY
        In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist.
        
        EXCLUDING POWER TO:
        
        APPOINTMENT
        
        SUSPENSION
        
        DISMISSAL
        except the power to appoint, suspend, or dismiss employees
        
        IF EXCEEDING 30 WORKING DAYS, CAN BE EXERCISED
        which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.
        
        EFFECT OF TEMPORARY VACANCY:
        NEXT HIGHEST RANKING OFFICIAL EXERCISES DUTIES & FUNCTIONS
        The suspension of the officials will not “paralyze” the LGU by preventing a quorum, considering that upon suspension of these members of the Sanggunian Bayan, there may still be other members who can take their place in accordance with the Local Government Code. (Bunye v. Escareal)
        
        OF GOVERNOR/MAYOR =
        VICE-GOV/MAYOR
        Section 44. Permanent Vacancies in the Offices of the Governor, Vice-Governor, Mayor, and Vice-Mayor. -
        If a permanent vacancy occurs in the office of the governor or mayor, the vice-governor or vice-mayor concerned shall become the governor or mayor.
        
        OF PUNONG BARANGAY =
        HIGHEST RANKING SangBrgy MEMBER
        (b) If a permanent vacancy occurs in the office of the punong barangay, the highest ranking sanggunian barangay member
        or,
        in case of his permanent inability, the second highest ranking sanggunian member, shall become the punong barangay.
        
        TIE BREAKER:
        DRAW LOTS
        (c) A tie between or among the highest ranking sanggunian members shall be resolved by the drawing of lots.
        
        SUCCESSORS ONLY SERVE
        UNEXPIRED TERMS
        (d) The successors as defined herein shall serve only the unexpired terms of their predecessors.
        
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        NEXT HIGHEST RANKING REPLACES
        If a permanent vacancy occurs in the offices of the governor, vice-governor, mayor, or vice-mayor, the highest ranking sanggunian member or, in case of his permanent inability, the second highest ranking sanggunian member, shall become the governor, vice-governor, mayor or vice-mayor, as the case may be.
        
        FILLED AUTOMATICALLY
        Subsequent vacancies in the said office shall be filled automatically by the other sanggunian members according to their ranking as defined herein.
        
        So when is it
        not automatic?
        
        Section 1. Section 1 of Republic Act No. 9164, as amended by Republic Act No. 9340 and Republic Act No. 10656, is hereby further amended to read as follows:
        "Sec. 1. Date of Election. - There shall be synchronized barangay and sangguniang kabataan elections, which shall be held on July 15, 2002.1âwphi1 Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October 2007 and every three (3) years thereafter: Provided, That the barangay and sangguniang kabataan elections on October 31, 2016 shall be postponed to the fourth Monday of October 2017. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the second Monday of May 2020 and every three (3) years thereafter."
        (RA 10923)
        
        Section 2. Section 4 of Republic Act No. 9164, as amended by Republic Act No. 9340, is hereby amended to read as follows:
        "Sec. 4. Assumption of Office. - The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence at noon of November 30 next following their election: Provided, however, That the term of office of the barangay and sangguniang kabataan officials elected in May 2020 elections and subsequently thereafter, shall commmence at noon of June 30 next following their election."
        (RA 10923)
        
        Section 3. Hold Over. - Until the successors shall have been duly elected and qualified, all incumbent barangay officials shall remain in office, unless sooner removed or suspended for cause.
        (RA 10923)
        
        Section 4. Section 3 of Republic Act No. 6679 is hereby amended to read as follows:
        "Sec. 3. Ban on Government Projects. - The construction or maintenance of barangay-funded roads and bridges shall be prohibited for a period of ten (10) days immediately preceding the date of election, the provisions of Section 261, paragraphs (v) and (w), of the Omnibus Election Code to the contrary notwithstanding."
        (RA 10923)
        
        2ND PLACERS CANNOT FILL THE VACANCY OF THE 1ST PLACER
        Moreover, it is settled that the disqualification or non-qualification of the winner in a vice mayoralty race does not justify the proclamation of the defeated candidate who obtained the second highest number of votes.(Recabo v. COMELEC)
      - Section 43. Term of Office. -
        (a) The term of office of all local elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials:
        
        Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.
        
        (b) No local elective official shall serve for more than three (3) consecutive terms in the same position.
        
        Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.
        
        3-YEAR TERM (1991)
        (c) The term of office of barangay officials and members of the sangguniang kabataan shall be for three (3) years, which shall begin after the regular election of barangay officials on the second Monday of May 1994.
        
        5-YEAR TERM (1998)
        "(c) The term of barangay officials and members of the sangguniang kabataan shall be for five (5) years, which shall begin after the regular election of barangay officials on the second Monday of May 1997:
        
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        VOLUNTARY RENUNCIATION IS NOT THE ONLY NON-INTERRUPTIVE CIRCUMSTANCE
        in Aldovino, SC stated that the law does not textually state that voluntary renunciation is the ONLY actual interruption of service that does not affect “continuity of service for a full term”
        (Abundo Sr. v. COMELEC)
        
        3 YEARS = 1 TERM
        Art. X. SECTION 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years...
        
        3 CONSECUTIVE TERMS
        ...and no such official shall serve for more than three consecutive terms.
        
        REST PERIOD
        2 terms, pause, then 2 terms, pause, then 2 terms, pause, then repeat (Tama ba? YAS)
        The law contemplates a rest period during which the local elective official steps down from office and ceases to exercise power or authority over the inhabitants of the territorial jurisdiction of a particular local government unit
        (Latasa v. Comelec)
        
        TERM SERVED = TERM ELECTED! FOR
        Borja Jr. v COMELEC: Private respondent in that case was first elected as vice-mayor, but upon the death of the incumbent mayor, he occupied the latter’s post for the unexpired term. He was, thereafter, elected for two more terms. -
        HELD: when private respondent occupied the post of the mayor upon the incumbent’s death and served for the remainder of the term, he cannot be construed as having served a full term as contemplated under the subject constitutional provision. The term served must be one "for which [the official concerned] was elected."
        
        SUCCEEDED ≠ ELECTED
        SUCCEEDING! TO THE POSITION DOES NOT MEAN BEING ELECTED! FOR THE SAME POSITION
        The Court held that Capco Jr. is not barred from running as Mayor in the 1998 elections. It is not enough that an individual has served three consecutive terms in an elective local office, rather, he must also have been elected to the same position for the same number of times before the disqualification can apply. Thus, given that Capco Jr. was not elected as Mayor in 1989, but he merely succeeded to the position by operation of law, the disqualification does not apply to him at present.
        (Borja v. COMELEC)
        
        2 REQS FOR 3-TERM LIMIT RULE
        
        ELECTED!
        a. NOT SUCCEEDED BY OPERATION OF LAW (Borja v. COMELEC)
        
        FOR 3 CONSECUTIVE TERMS
        
        SAME POSITION! or LOCGOV POST (Borja Jr. v. COMELEC)
        
        FULLY SERVED! 3 CONSEC TERMS
        Two conditions must concur for the application of the disqualification of a candidate based on violation of the three-term limit rule: (1) The official concerned has been elected for three consecutive terms in the same local government post; and (2) He has fully served three consecutive terms
        (Albania v. COMELEC)
        
        INTERRUPTED, WHEN NO 3 CONSECUTIVE TERMS
        
        SERVING UNEXPIRED TERM OF PRIOR DECEASED MAYOR, NOT FULL TERM
        (Borja Jr. v. COMELEC)
        
        INVOLUNTARY RELINQUISHMENT
        a. FAILURE OF ELECTION
        b. COMELEC'S DECISION OF DEFEAT
        (This can come in the form of a renunciation to comply with such decision, Lonzanida v. COMELEC)
        Petitioner was elected and served two consecutive terms as mayor from 1988 to 1995. He then ran again for the same position in the May 1995 elections, won and discharged his duties as mayor. However, his opponent contested his proclamation and filed an election protest before the RTC, which ruled that there was a failure of elections and declared the position of mayor vacant. The COMELEC affirmed this ruling and petitioner vacated the post. He filed a COC again for mayor in the next elections. A petition to disqualify him was filed on the ground that he had already served three consecutive terms. Petitioner cannot be considered as having been duly elected to the post in the May 1995 elections, and that said petitioner did not fully serve the 1995-1998 mayoral term by reason of
        involuntary relinquishment of office.
        (Lozanida v. COMELEC)
        Voluntary renunciation of a term does not cancel the renounced term in the computation of the 3-term limit; conversely, 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. (Adormeo v. COMELEC)
        
        LOST ELECTION
        Adormeo v. COMELEC: Private respondent, in that case, was elected and served for two consecutive terms as mayor. He then ran for his third term in the May 1998 elections, but lost to his opponent. In June 1998, his opponent faced recall proceedings and in the recall elections of May 2000, private respondent won and served for the unexpired term. For the May 2001 elections, private respondent filed his COC. - HELD: private respondent cannot be construed as having been elected and served for three consecutive terms. His loss in the May 1998 elections was considered by this Court as an interruption in the continuity of his service as mayor. For nearly two years, private respondent therein lived as a private citizen.
        
        RECALL ELECTION
        a. REST PERIOD NEED NOT BE FULL TERM
        Socrates v. COMELEC: respondent Hagedorn had already served for three consecutive terms as mayor from 1992 until 2001 and did not run in the immediately following regular elections. On July 2, 2002, the barangay officials of Puerto Princesa convened themselves into a Preparatory Recall Assembly to initiate the recall of the incumbent mayor. Hagedorn filed his COC for mayor in the recall election - HELD: the principle behind the three-term limit rule is to prevent consecutiveness of the service of terms, and that there was in his case a break in such consecutiveness after the end of his third term and before the recall election.
        
        LOSING ELECTION PROTEST
        a. BUT NOT IF FINAL DECISION IS MADE AFTER SERVING FULL TERM
        Losing in an Election Protest: When a candidate is proclaimed a winner for an elective office and assumes office, his term is interrupted when he loses in an election protest and is ousted from office, thus disenabling him from serving what would otherwise be the unexpired portion of his term of office had the protest been dismissed [Lonzanida v. COMELEC, G.R. No. 135150 (1999) and Dizon v. COMELEC, G.R. No. 182088 (2009)]. However, when an official loses in an election protest and said decision becomes final after said official had served the full term for said office, then his loss in the election contest does not constitute an interruption since he managed to serve the term from start to finish. His full service should be counted in the application of the term limits [Ong v. Alegre, G.R. No. 163295 (2006) and Rivera III v. COMELEC, G.R. No. 167591 (2007)].
        
        WINNING ELECTION PROTEST:
        The period during which the winner is unable to serve is an interruption (Abundo)
        
        CONTINUOUS, NO INTERRUPTION
        
        CONVERSION DOES NOT REFRESH THE LIMIT
        Latasa had served 3 consecutive terms as mayor of Municipality of Digos. Upon the conversion of the municipality to a City (City of Digos), Latasa sought to run as a candidate for Mayor of the newly-created City.
        The Court held that Latasa cannot run for Mayor anymore because of the 3-consecutive term limit. (The conversion of the municipality to a city did not relieve the fact that Latasa had been mayor of Digos, whether as a municipality or a city.)
        (Latasa v. COMELEC)
        
        VOLUNTARY RENUNCIATION DOES NOT INTERRUPT A TERM
        Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. (Borja v. COMELEC)
        
        CONVERSION
        Conversion of a municipality into a city a.
        Rule: The conversion of a municipality into a city does NOT constitute an interruption of the incumbent official’s continuity of service. (Latasan v. COMELEC)
        
        PREVENTIVE SUSPENSION
        Aldovino doctrine: The period during which a local elected official is under preventive suspension cannot be considered as an interruption of the continuity of his service. b. Ratio: The suspended official continues to stay in office although he is barred from exercising the functions and prerogatives of the office within the suspension period. c. The best indicator of the suspended official's continuity in office is the absence of a permanent replacement and the lack of the authority to appoint one since no vacancy exists. (Aldovino)
        
        ELECTION PROTEST
        Election protest a. Lonzanida v. COMELEC: Lonzanida was elected and served as municipal mayor for 3 consecutive terms.
        (Lonzanida v. COMELEC)
        
        INVOLUNTARY LOSS OF TITLE OR RIGHT TO HOLD ONTO AN OFFICE
        OR
        EFFECTIVE BREAK FROM HOLDING OFFICE
        The interruption of a term that would prevent the operation of the three-term rule involves “no less than the involuntary loss of title to office [or the right to hold on to an office]” or “at least an effective break from holding office” [Aldovino, Jr. v. COMELEC, G.R. No. 184836 (2009)]
        
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        BARANGAY OFFICIALS? HOW ARE THEY AN EXCEPTION?
        
        1 term is not 3 years?
        
        They can serve more than 3 consecutive terms?
        
        RATIO:
        
        PREVENT POLITICAL DYNASTIES
        
        ENHANCE PEOPLE'S FREEDOM OF CHOICE
        There are two policies embodied in this constitutional provision.
        
        First is the prevention of establishment of political dynasties.
        
        Second is to enhance the freedom of choice of the people
        
        SINGLE PERSON'S EXCESSIVE POWER
        The objective of imposing the three-term limit rule was "to avoid the evil of a single person accumulating excessive power over a particular territorial jurisdiction as a result of a prolonged stay in the same office." (Aldovino Jr. v. COMELEC)
        
        To consider, therefore, only stay in office regardless of how the official concerned came to that office — whether by election or by succession by operation of law — would be to disregard one of the purposes of this constitutional provision
      - Section 1. Sec. 43 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:
        "Sec. 43. Term of office. –
        (a) The term of office of all elective officials elected after the effectivity of this Code shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided for by law, except that of elective barangay officials and members of the sangguniang kabataan:
        
        "(b) No local elective official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.
        
        5-YEAR TERM (1998)
        "(c) The term of barangay officials and members of the sangguniang kabataan shall be for five (5) years, which shall begin after the regular election of barangay officials on the second Monday of May 1997:
        
        Provided, That the sangguniang kabataan members who were elected in the May 1996 elections shall serve until the next regular election of barangay officials."
        
        Provided, That all local officials first elected during the local elections immediately following the ratification of the 1987 Constitution shall serve until noon of June 30, 1992.
      - OVERVIEW-PREAMBLE
        
        General rule: Term = 3 yrs, unless otherwise provided
        Sec. 43(a) & (c) are reconciled to mean that as a general rule, elective officials serve for a term of 3 years, unless a provision specifically states otherwise.
        a. Hence, Sec. 43(c), as amended, specifically provides that barangay officials & members of the Sangguniang Kabataan shall serve for a term of 5 years.
        
        Once the three-term rule is violated, it constitutes a ground of ineligibility, not disqualification.
        a. BUT if suffering from ineligibility and declares eligibility in certificate of candidacy, that is classified as a disqualification, specifically false material representation.
        After being elected and serving for three consecutive terms, an elective local official cannot seek immediate reelection for the same office in the next regular election because he is ineligible.
        Proper remedy is a petition under OEC 78 (ineligibility) and not 68 (disqualification).
        Section 68 is explicit as to the proper grounds for disqualification: the commission of specific prohibited acts under the Omnibus Election Code and possession of a permanent residency or immigrant status in a foreign country.
        (Aratea v. COMELEC)
        All offenses mentioned in Sec 68 refer to election offenses under OEC, not to violations of penal laws.
        
        Substitution
        a. DQ'ed candidates can be substituted
        b. Cancelled certificate = Not candidate in the first place and cannot be substituted.
        Miranda v. Abaya main doctrine: Thus, a candidate who is disqualified under Section 68 can be validly substituted pursuant to Section 77 because he remains a candidate until disqualified; but a person whose CoC has been denied due course or cancelled under Section 78 cannot be substituted because he is not considered a candidate.
    - - Section 42. Date of Election. - Unless otherwise provided by law, the elections for local officials shall be held every three (3) years on the second Monday of May.
      - (a) The governor, vice-governor, city mayor, city vice-mayor, municipal mayor, municipal vice-mayor, and punong barangay shall be elected at large in their respective units by the qualified voters therein.
        
        (b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided for by law.
        
        Sangguniang barangay members shall be elected at large.
        
        The presidents of the leagues of sanggunian members of component cities and municipalities shall serve as ex officio members of the sangguniang panlalawigan concerned.
        
        (c) In addition thereto, there shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections as may be provided for by law.
        
        The COMELEC shall promulgate the rules and regulations to effectively provide for the election of such sectoral representatives.
        
        The presidents of the "liga ng mga barangay and the pederasyon ng mga sangguniang kabataan" elected by their respective chapters, as provided in this Code, shall serve as ex officio members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan.
        
        However, the sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in this Code.
- - - - RA 9165
        RA 9225
        RA 10121
        RA 10368
        
        FAILURE TO FILE SOCE = PERPETUAL DQ
        
        Failure to file SOCE - Every candidate, including one who withdraws his candidacy, is required to ﬁle a Statement of Contributions and Expenditures (SOCE) within 30 days after the day of the election; otherwise, they may be penalized with perpetual disqualiﬁcation from holding public ofﬁce [Sec 14, RA 7166]
        
        If a public ofﬁcer violates any of the acts enumerated under Sec 19 RA 10121, he may be perpetually disqualiﬁed from holding public ofﬁce
        
        Filing fraudulent claims ﬁeld to the Human Rights Victims and Recognition Act will disqualify one from holding public ofﬁce even after service of sentence [Sec 25, RA 10368]
        
        3 YEARS = 1 TERM
        SECTION 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years...
        
        3 CONSECUTIVE TERMS
        ...and no such official shall serve for more than three consecutive terms.
        
        REST PERIOD
        3 terms, pause, then 3 terms, pause, then 3 terms, pause, then repeat (Tama ba? YAS)
        The law contemplates a rest period during which the local elective official steps down from office and ceases to exercise power or authority over the inhabitants of the territorial jurisdiction of a particular local government unit
        (Latasa v. Comelec)
        
        TERM SERVED = TERM ELECTED! FOR
        Borja Jr. v COMELEC: Private respondent in that case was first elected as vice-mayor, but upon the death of the incumbent mayor, he occupied the latter’s post for the unexpired term. He was, thereafter, elected for two more terms. -
        HELD: when private respondent occupied the post of the mayor upon the incumbent’s death and served for the remainder of the term, he cannot be construed as having served a full term as contemplated under the subject constitutional provision. The term served must be one "for which [the official concerned] was elected."
        
        2 REQS FOR 3-TERM LIMIT RULE
        
        ELECTED! FOR 3 CONSECUTIVE TERMS
        a. SAME! LOCGOV POST
        
        FULLY SERVED! 3 CONSEC TERMS
        Two conditions must concur for the application of the disqualification of a candidate based on violation of the three-term limit rule: (1) The official concerned has been elected for three consecutive terms in the same local government post; and (2) He has fully served three consecutive terms
        (Albania v. COMELEC)
        
        WHEN NO 3 CONSECUTIVE TERMS
        
        SERVING UNEXPIRED TERM OF PRIOR DECEASED MAYOR, NOT FULL TERM
        (Borja Jr. v. COMELEC)
        
        INVOLUNTARY RELINQUISHMENT
        a. FAILURE OF ELECTION
        Petitioner was elected and served two consecutive terms as mayor from 1988 to 1995. He then ran again for the same position in the May 1995 elections, won and discharged his duties as mayor. However, his opponent contested his proclamation and filed an election protest before the RTC, which ruled that there was a failure of elections and declared the position of mayor vacant. The COMELEC affirmed this ruling and petitioner vacated the post. He filed a COC again for mayor in the next elections. A petition to disqualify him was filed on the ground that he had already served three consecutive terms. Petitioner cannot be considered as having been duly elected to the post in the May 1995 elections, and that said petitioner did not fully serve the 1995-1998 mayoral term by reason of
        involuntary relinquishment of office.
        (Lozanida v. COMELEC)
        
        LOST ELECTION
        Adormeo v. COMELEC: Private respondent, in that case, was elected and served for two consecutive terms as mayor. He then ran for his third term in the May 1998 elections, but lost to his opponent. In June 1998, his opponent faced recall proceedings and in the recall elections of May 2000, private respondent won and served for the unexpired term. For the May 2001 elections, private respondent filed his COC. - HELD: private respondent cannot be construed as having been elected and served for three consecutive terms. His loss in the May 1998 elections was considered by this Court as an interruption in the continuity of his service as mayor. For nearly two years, private respondent therein lived as a private citizen.
        
        RECALL ELECTION
        a. REST PERIOD NEED NOT BE FULL TERM
        Socrates v. COMELEC: respondent Hagedorn had already served for three consecutive terms as mayor from 1992 until 2001 and did not run in the immediately following regular elections. On July 2, 2002, the barangay officials of Puerto Princesa convened themselves into a Preparatory Recall Assembly to initiate the recall of the incumbent mayor. Hagedorn filed his COC for mayor in the recall election - HELD: the principle behind the three-term limit rule is to prevent consecutiveness of the service of terms, and that there was in his case a break in such consecutiveness after the end of his third term and before the recall election.
        
        1 more item...
        
        BARANGAY OFFICIALS? HOW ARE THEY AN EXCEPTION?
        
        1 term is not 3 years?
        
        They can serve more than 3 consecutive terms?
    - - "MORAL TURPITUDE" MEANING
        “an act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty, or good morals.”
        
        QUESTIONS OF FACT
        Some crimes are mala in se but rarely involve moral turpitude, while crimes mala prohibita do not.
        As such, whether or not a crime involves moral turpitude is ultimately a question of fact and frequently depends on all the circumstances surrounding the violation of the statute.
        
        LIST OF CRIMES INVOLVING MORAL TURPITUDE
        
        FENCING
        (Dela Torre v. COMELEC)
        
        PROBATION DOES NOT AFFECT
        LGC 40's APPLICABILITY
        Conviction for an offense involving moral turpitude stands even if the candidate was granted probation for the same crime.
        (Dela Torre v. COMELEC)
        
        PROBATION LGC SEC. 40(a) = NOT DQ'ed
        LGC Sec. 40 disqualifies only those who have been sentenced by final judgment for an offense punishable by imprisonment of 1 year or more, within 2 years after serving sentence. Those who have not served their sentence by reason of the grant of probation should not be disqualified from running for a local elective office since the 2-year period of ineligibility under LGC Sec. 40 does not even begin to run.
        
        SIR NOTED RATIO:
        PROBATIONERS ARE A SPECIAL CLASS
        . Probation is not a right of an accused but a mere privilege, an act of grace and clemency or immunity conferred by the state, which is granted to a deserving defendant who thereby escapes the extreme rigors of the penalty imposed by law for the offense of which he was convicted.
        (Moreno v. COMELEC)
        
        PARDON/AMNESTY = NOT DQ'ed
        OEC Sec. 12 provides for similar prohibitions but provides for an exception when the disqualified candidate has been given plenary pardon or granted amnesty.
        (Risos-Vidal v. COMELEC)
        
        ADMINISTRATIVE CASE HAS TO BE FINAL
        However, Reyes cannot be applied to this case because it appears that the 1992 decision of the Sangguniang Panlalawigan, finding respondent Sulong guilty of dishonesty, falsification and malversation of public funds, has not until now become final.||| (Lingating v. Commission on Elections, G.R. No. 153475, [November 13, 2002], 440 PHIL 308-317)
        
        LGC SEC. 40 = SPECIAL LAW FOR ELECTIVE LOCAL POSITIONS
        BP 881 SEC. 12 IS FOR ANY! PUBLIC OFFICE
        Sec. 40 of LGC specially and definitely provides for disqualifications of candidates for elective local positions. It is applicable to them only. On the other hand, Section 12 of BP 881 speaks of disqualifications of candidates for any public office. It deals with the election of all public officers. Thus, Section 40 of RA 7160, insofar as it governs the disqualifications of candidates for local positions, assumes the nature of a special law which ought to prevail.
        (Magno v. COMELEC)
        
        SUBSEQUENT FINDING OF INELIGIBILITY DOES NOT RETROACT TO INVALIDATE VOTES
        A subsequent finding by the Comelec en banc that Moll was ineligible cannot retroact to the date of the election and thereby invalidate the votes cast for him - Moll was not notoriously known to the public as an ineligible candidate
        (Kare v. COMELEC)
        
        USE OF FOREIGN PASSPORT RECANTS ALLEGIANCE FOR ELECTIVE POSITION
        The use of foreign passport after renouncing one’s foreign citizenship is a positive and voluntary act of representation as to one’s nationality and citizenship; it does not divest Filipino citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to run for an elective position.
        (Agustin v. COMELEC)
        
        EXPRESSLY RESTORED
        On the other hand, Arts. 36 and 41 of the RPC specifically provide that the right to hold public office or the right of suffrage must be expressly restored by the terms of the pardon.
        
        "IS HEREBY RESTORED TO HIS CIVIL AND POLITICAL RIGHTS
        There was no ambiguity in the language used in the pardon, and the phrase declaring that Estrada “is hereby restored to his civil and political rights” substantially complies with the requirement of express restoration.
        (Risos-Vidal v. COMELEC)
    - - SIR:
        Don't memorize cases. What's the pertinent or crucial element that has to be present?
        (Racquedan)