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Unformatted text preview: No. 133495, Sept. 3, 1998) Q: Under Section 8, Article X of the Constitution, "The term of office of elective local officials shall be three years and no such official shall serve for more than three consecutive terms." How is this term limit for elective local officials to be interpreted? A: The term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Consequently, it is not enough that an individual has served three consecutive terms in an elective local office, he must also have been elected to the same position for the same number of times before the disqualification can apply. (Borja, Jr. v. COMELEC, G.R. No. 133495, Sept. 3, 1998) Q. Suppose A is a vice‐mayor who becomes mayor by reason of the death of the incumbent. Six months before the next election, he resigns and is twice elected thereafter. Can he run again for mayor in the next election? A: Yes, because although he has already first served as mayor by succession and subsequently resigned from office before the full term expired, he has not actually served three full terms in all for the purpose of applying the term limit. Under Art. X, Sec. 8, voluntary renunciation of the office is not considered as an interruption in the continuity of his service for the full term only if the term is one “for which he was elected.” Since A is only completing the service of the term for which the deceased and not he was elected, A cannot be considered to have completed one term. His resignation constitutes an interruption of the full term. Q: Suppose B is elected Mayor and, during his first term, he is twice suspended for misconduct for a total of 1 year. If he is twice reelected after that, can he run for one more term in the next election? A: Yes, because he has served only two full terms successively. In both cases, the mayor is entitled to run for re‐
election because the two conditions for the application of the disqualification p...
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