Abundo was eventually declared the winner of the 2004

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Abundo was eventually declared the winner of the 2004 mayoralty electoral contest, paving the way for his assumption of office starting May 9, 2006 until the end of the 2004-2007 term on June 30, 2007, or for a period of a little over one year and one month. Then came the May 10, 2010 elections where Abundo and Torres again opposed each other. When Abundo filed his certificate of candidacy for the mayoralty seat relative to this electoral contest, Torres lost no time in seeking the former’s dis qualification to run, the corresponding petition, docketed as SPA Case No. 10-128 (DC), predicated on the three- consecutive term limit rule. On June 16, 2010, the COMELEC First Division issued a Resolution finding for Abundo, who in the meantime bested Torres by 219 votes and was accordingly proclaimed 2010 mayor-elect of Viga, Catanduanes. Meanwhile, on May 21, 2010, or before the COMELEC could resolve the adverted disqualification case Torres initiated against Abundo, herein private respondent Ernesto R. Vega (Vega) commenced a quo warranto action before the RTC-Br. 43 in Virac, Catanduanes, docketed as Election Case No.
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POLITICAL LAW CASE DIGESTS 92 55, to unseat Abundo on essentially the same grounds Torres raised in his petition to disqualify. By Decision of August 9, 2010 in Election Case No. 55, the RTC declared Abundo ineligible to serve as municipal mayor. In so ruling, the trial court, citing Aldovino, Jr. v. COMELEC, found Abundo to have already served three consecutive mayoralty terms, to wit, 2001-2004, 2004-2007 and 2007-2010, and, hence, disqualified for another, i.e., fourth, consecutive term. Abundo, the RTC noted, had been declared winner in the aforesaid 2004 elections consequent to his protest and occupied the position of and actually served as Viga mayor for over a year of the remaining term, i.e., from May 9, 2006 to June 30, 2007, to be exact. To the RTC, the year and a month service constitutes a complete and full service of Abundo’s second term as mayor. Therefrom, Abundo appealed to the COMELEC, his recourse docketed as EAC (AE) No. A-25-2010. On February 8, 2012, in EAC (AE) No. A-25- 2010, the COMELEC’s Second Division rendered the first assailed Resolution. Just like the RTC, the COMELEC’s Second Division ruled against Abundo on the strength of Aldovino, Jr. and held that service of the unexpired portion of a term by a protestant who is declared winner in an election protest is considered as service for one full term within the contemplation of the three-term limit rule. In time, Abundo sought but was denied reconsideration by the COMELEC en banc per its equally assailed Resolution of May 10, 2012. Hence, the instant petition with prayer for the issuance of a temporary restraining order (TRO) and/or preliminary injunction. Intervening Events. On June 20, 2012, the COMELEC issued an Order declaring its May 10, 2012 Resolution final and executory.
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