Academicschairlesterjayalanefloresii

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Unformatted text preview: rovisions have not concurred, namely, (1) that the local official concerned has been elected three consecutive times and (2) that he has fully served three consecutive terms. In the first case, even if the local official is considered to have served three full terms notwithstanding his resignation before the end of the first term, the fact remains that he has not been elected three times. In the second case, the local official has been elected three consecutive times, but he has not fully served three consecutive terms. (Borja, Jr. V. COMELEC, G.R. No. 133495 September 3, 1998) Q: The case of Vice Mayor C who becomes mayor by succession involves a total failure of the two conditions to concur for the purpose of applying Art. X, Sec. 8. Suppose he is twice elected after that term, is he qualified to run again in the next election? A: Yes, because he was not elected to the office of mayor in the first term but simply found himself thrust into it by operation of law. Neither had he served the full term because he only continued the service, interrupted by the death, of the deceased mayor. (Borja, Jr. v. COMELEC, G.R. No. 133495, Sept. 3, 1998) Q: X occupied the position of mayor of Mabalacat for the following periods: 1 July 1995 to 30 June 1998, 1 July 1998 to 30 June 2001, 1 July 2001 to 30 June 2004, and 1 July 2004 to 16 May 2007. However, the SC ruled in a previous case that X was not the duly elected mayor for the 2004‐2007 term. Eventually, X also won the elections and assumed the mayoralty position for the 2007‐2010 term. Y filed a petition to disqualify X as mayor on the ground that X’s assumption of the mayoralty position on 1 July 2007 makes the 2007‐2010 term his fifth term in office, which violates the three‐term limit rule. Is Y correct? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE...
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This document was uploaded on 03/12/2014.

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