Political Dynasty Cases

8/11/2019 Political Dynasty Cases

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Republic of the Philippines

SUPREME COURT

Manila

EN BANC

G.R. No. 133495 September 3, 1998

BENJAMIN U. BORJA, JR.,petitioner,

vs.

COMMISSION ON EECTIONS !"# JOSE T. CAPCO, JR., respondents.

MEN$O%A,J.:

This case presents for determination the scope of the constitutional provision barring

elective local officials, ith the e!ception of baranga" officials, from serving more thanthree consecutive terms. #n particular, the $uestion is hether a vice%ma"or ho succeeds

to the office of ma"or b" operation of la and serves the remainder of the term is

considered to have served a term in that office for the purpose of the three%term limit.

Private respondent &ose T. Capco, &r. as elected vice%ma"or of Pateros on &anuar" '(,')(( for a term ending &une *+, ')). -n eptember , ')(), he became ma"or, b"

operation of la, upon the death of the incumbent, Cesar Bor/a. -n Ma" '', ')), he ran

and as elected ma"or for a term of three "ears hich ended on &une *+, '))0. -n Ma"(, '))0, he as reelected ma"or for another term of three "ears ending &une *+, '))(.1

-n March 1, '))(, private respondent Capco filed a certificate of candidac" for ma"or

of Pateros relative to the Ma" '', '))( elections. Petitioner Ben/amin 2. Bor/a &r., ho

as also a candidate for ma"or, sought Capco3s dis$ualification on the theor" that thelatter ould have alread" served as ma"or for three consecutive terms b" &une *+, '))(

and ould therefore be ineligible to serve for another term after that.

-n April *+, '))(, the econd 4ivision of the Commission on Elections ruled in favor ofpetitioner and declared private respondent Capco dis$ualified from running for reelectionas ma"or of Pateros. &5oever, on motion of private respondent the C-ME6EC en

banc, voting 0%, reversed the decision and declared Capco eligible to run for ma"or in

the Ma" '', '))( elections. 3The ma/orit" stated in its decision7

#n both the Constitution and the 6ocal 8overnment Code, the three%term

limitation refers to the term of office for hich the local official as elected. #t


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made no reference to succession to an office to hich he as not elected. #n the

case before the Commission, respondent Capco as not elected to the position of

Ma"or in the &anuar" '(, ')(( local elections. 5e succeeded to such office b"operation of la and served for the une!pired term of his predecessor.

Conse$uentl", such succession into office is not counted as one 9': term for

purposes of the computation of the three%term limitation under the Constitutionand the 6ocal 8overnment Code.

Accordingl", private respondent as voted for in the elections. 5e received ';,00( votes

against petitioner3s 1,11* votes and as proclaimed elected b" the Municipal Board ofCanvassers.

This is a petition for certioraribrought to set aside the resolution, dated M" 1, '))(, of

the C-ME6EC and to see< a declaration that private respondent is dis$ualified to serve

another term as ma"or of Pateros, Metro Manila.

Petitioner contends that private respondent Capco3s service as ma"or from eptember ,')() to &une *+, ')) should be considered as service for one full term, and since he

thereafter served from ')) to '))( to more terms as ma"or, he should be considered to

have served three consecutive terms ithin the contemplation of Art. =, >( of theConstitution and >?*9b: of the 6ocal 8overnment Code. Petitioner stresses the fact that,

upon the death of Ma"or Cesar Bor/a on eptember , ')(), private respondent became

the ma"or and thereafter served the remainder of the term. Petitioner argues that it isirrelevant that private respondent became ma"or b" succession because the purpose of the

constitutional provision in limiting the number of terms elective local officials ma" serve

is to prevent a monopoli@ation of political poer.

This contention ill not bear anal"sis. Article =, >( of the Constitution provides7

ec. (. The term of office of elective local officials, e!cept baranga" officials,hich shall be determined b" la, shall be three "ears and no such official shall

serve for more than three consecutive terms. oluntar" renunciation of the office

for an" length of time shall not be considered as an interruption in the continuit"of his service for the full term for hich he as elected.

This provision is restated in >?*9b: of the 6ocal 8overnment Code 9R.A. No. 1';+:7

ec. ?*. Term of -ffice. . . .

9b: No local elective official shall serve for more than three 9*: consecutive

terms in the same position. oluntar" renunciation of the office for an" length oftime shall not be considered as an interruption in the continuit" of service for the


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full term for hich the elective official concerned as elected. . . .

irst, to prevent the establishment of political d"nasties is not the onl" polic" embodied

in the constitutional provision in $uestion. The other polic" is that of enhancing thefreedom of choice of the people. To consider, therefore, onl" sta" in office regardless of

ho the official concerned came to that office hether b" election or b" succession b"

operation of la ould be to disregard one of the purposes of the constitutionalprovision in $uestion.

Thus, a consideration of the historical bac( of the Constitution

reveals that the members of the Constitutional Commission ere as much concerned ith

preserving the freedom of choice of the people as the" ere ith preventing themonopoli@ation of political poer. #ndeed, the" re/ected a proposal put forth b"

Commissioner Edmundo . 8arcia that after serving three consecutive terms or nine "ears

there should be no further reelection for local and legislative officials. #nstead, the"adopted the alternative proposal of Commissioner Christian Monsod that such officials be

simpl" barred from running for the same position in the of the succeeding election

folloing the e!piration of the third consecutive term. 4 Monsod arned against

Dprescreening candidates fromF hom the people ill chooseD as a result of the proposedabsolute dis$ualification, considering that the draft constitution contained provisions

Drecogni@ing people3s poer.D 5

Commissioner Blas . -ple, ho supported the Monsod proposal, said7

The principle involved is reall" hether this Commission shall impose atemporar" or a perpetual dis$ualification on those ho have served their terms in

accordance ith the limits on consecutive service as decided b" the

Constitutional Commission. # ould be ver" ar" about this Commissione!ercising a sort of omnipotent poer in order to dis$ualif" those ho ill

alread" have served their terms from perpetuating themselves in office. # thin


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to members of their families in a subse$uent election. # thin< that is ta


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second term. Ge ill allo the enator to rest for a period of time before he can

runagainJ

MR. 4A#4E. That is correct.

MR. 8AC-N. And the $uestion that e left behind before if the 8entlemenill remember as7 5o long ill that period of rest beJ Gill it be one

election hich is three "ears or one term hich is si! "earsJ

MR. 4A#4E. #f the 8entlemen ill remember, Commissioner Rodrigo

e!pressed the vie that during the electionfolloing the e!piration of the first' "ears, hether such electionill be on the third "ear or on the si!th "ear

thereafter, this particular member of the enate can run. o, it is not reall" a

period of hibernation for si! "ears. That as the Committee3s stand. 1)

#ndeed a fundamental tenet of representative democrac" is that the people should be

alloed to choose those hom the" please to govern them. 11 To bar the election of a

local official because he has alread" served three terms, although the first as a result ofsuccession b" operation of la rather than election, ould therefore be to violate this

principle.

econd, not onl" historical e!amination but te!tual anal"sis as ell supports the ruling of

the C-ME6EC that Art. =, >( contemplates service b" local officials for three

consecutive terms as a result of election. The first sentence spea


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This is actuall" based on the opinion e!pressed b" Commissioner 4avide in anser to a

$uer" of Commissioner uare@7 Dor e!ample, a special election is called for a enator,and the enator nel" elected ould have to serve the une!pired portion of the term.

Gould that mean that serving the une!pired portion of the term is alread" considered onetermJ o, half a term, hich is actuall" the correct statement, plus one term ould

dis$ualif" the enator concerned from runningJ #s that the meaning of this provision ondis$ualification, Madam PresidentJD Commissioner 4avide said7 DIes, because e spea? of the Constitution hich provides for succession of the

ice%President to the Presidenc" in case of vacanc" in that office. After stating that DThe

President shall not be eligible for an" reelection,D this provision sa"s that DNo person hohas succeeded as President and has served as such for more than four "ears shall be$ualified for election to the same office at an" time.D Petitioner contends that, b" analog",

the vice%ma"or should li


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running for ice%President, he ma" thus be said to also see< the Presidenc". or their part,

the electors li


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#n both cases, the ma"or is entitled to run for reelection because the to conditions for

the application of the dis$ualification provisions have not concurred, namel", that the

local official concerned has been elected three consecutive times and that he has full"served three consecutive terms. #n the first case, even if the local official is considered to

have served three full terms notithstanding his resignation before the end of the first

term, the fact remains that he has not been electedthree times. #n the second case, thelocal official has been elected three consecutive times, but he has not full"servedthree

consecutive terms.

Case No. 3. The case of vice%ma"or Cho becomes ma"or b" successioninvolves a total failure of the to conditions to concur for the purpose of

appl"ing Art. =, >(. uppose he is tice elected after that term, is he $ualified to

run again in the ne!t electionJ

Ies, because he as not elected to the office of ma"or in the first term butsimpl" found himself thrust into it b" operation of la. Neither had he served the

full term because he onl" continued the service, interrupted b" the death, of the

deceased ma"or.

To consider Cin the third case to have served the first term in full and therefore ineligibleto run a third time for reelection ould be not onl" to falsif" realit" but also to undul"

restrict the right of the people to choose hom the" ish to govern them. #f the vice%

ma"or turns out to be a bad ma"or, the people can remed" the situation b" simpl" not

reelecting him for another term. But if, on the other hand, he proves to be a good ma"or,there ill be no a" the people can return him to office 9even if it is /ust the third time he

is standing for reelection: if his service of the first term is counted as one for the purposeof appl"ing the term limit.

To consider Cas eligible for reelection ould be in accord ith the understanding of the

Constitutional Commission that hile the people should be protected from the evils that a

monopol" of political poer ma" bring about, care should be ta


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*oot"ote+

'!ollo, pp. 0%;, '?%'0.

(d., pp. ;*%1'.

*(d., pp. *+%*.

? REC-R4 - T5E C-NT#T2T#-NA6 C-MM##-N *;%?* 9ession of&ul" 0, ')(;: 9hereafter cited as REC-R4:.

0(d., at *;.

;(d., at *)%?+.

1(d., at ?.

((d., at ?.

)(d., at ?*.

'+(d., 0)+ 9August 1, ')(;:.

'' 2.. Term 6imits, #nc. v. Thornton, 0'? 2.. 11), '*' 6.Ed.d ((' 9'))0:.

' &-AK2#N BERNA, T5E ')(1 C-NT#T2T#-N ;*1 9'));:.

'* REC-R4 0) 9ession of August 1, ')(;:.

'? 6-CA6 8-ERNMENT C-4E of '))', R.A. No. 1';+, >??9a:.

'0 Art. #, >(.

'; RA. No. 1';+, >??0 9'))':.


SUPREME COURT

Manila


10/64

EN BANC

G.R. No. 1'18(& Apr- 13, &))4

RE. E/ C0AE% PAMATONG, ESUIRE,petitioner,

vs.COMMISSION ON EECTIONS,respondent.

RE-62T#-N

TINGA,J.:

Petitioner Rev. Ell" ele@ Pamatong filed his Certificate of Candidac)for President on

4ecember '1, ++*. Respondent Commission on Elections 9C-ME6EC: refused to givedue course to petitionerLs Certificate of Candidac) in its !esolution No. *++ dated

&anuar" '1, ++?. The decision, hoever, as not unanimous since Commissioners

6u@viminda 8. Tancangco and Mehol . adain voted to include petitioner as the"believed he had parties or movements to bac< up his candidac".

-n &anuar" '0, ++?, petitioner moved for reconsideration of !esolution No. *++.

PetitionerLs "otion for !econsiderationas doc


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program of government.

irst, the constitutional and legal dimensions involved.

#mplicit in the petitionerLs invocation of the constitutional provision ensuring De$ual

access to opportunities for public officeD is the claim that there is a constitutional right torun for or hold public office and, particularl" in his case, to see< the presidenc". There is

none. Ghat is recogni@ed is merel" a privilege sub/ect to limitations imposed b" la.

ection ;, Article ## of the Constitution neither bestos such a right nor elevates theprivilege to the level of an enforceable right. There is nothing in the plain language of the

provision hich suggests such a thrust or /ustifies an interpretation of the sort.

The De$ual accessD provision is a subsumed part of Article ## of the Constitution, entitled

D4eclaration of Principles and tate Policies.D The provisions under the Article aregenerall" considered not self%e!ecuting,and there is no plausible reason for according a

different treatment to the De$ual accessD provision. 6i


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of legislation since its effective means and reach are not properl" defined. Broadl"

ritten, the m"riad of claims that can be subsumed under this rubric appear to be entirel"

open%ended.( Gords and phrases such as De$ual access,D Dopportunities,D and DpublicserviceD are susceptible to countless interpretations oing to their inherent impreciseness.

Certainl", it as not the intention of the framers to inflict on the people an operative but

amorphous foundation from hich innatel" unenforceable rights ma" be sourced.

As earlier noted, the privilege of e$ual access to opportunities to public office ma" besub/ected to limitations. ome valid limitations specificall" on the privilege to see


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!esolution No. *++ on '1 &anuar" ++?, adopting the stud" Memorandum of its 6a

4epartment dated '' &anuar" ++?. As observed in the C-ME6ECLs Comment7

There is a need to limit the number of candidates especiall" in the case of candidatesfor national positions because the election process becomes a moc


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No, the needed factual premises.

5oever valid the la and the C-ME6EC issuance involved are, their proper application

in the case of the petitioner cannot be tested and revieed b" this Court on the basis ofhat is no before it. The assailed resolutions of the C-ME6EC do not direct the Court

to the evidence hich it considered in determining that petitioner as a nuisancecandidate. This precludes the Court from revieing at this instance hether the

C-ME6EC committed grave abuse of discretion in dis$ualif"ing petitioner, since such arevie ould necessaril" ta


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*oot"ote+

-n -fficial 6eave.

'ec. ;. The tate shall guarantee e$ual access to opportunities for public service,and prohibit political d"nasties as ma" be defined b" la.

5eeBasco v. PA8C-R, 8.R. No. )';?), Ma" '?, '))', ')1 CRA 0, ;(H

ilosba"an, #nc. v. Morato, 8.R. No. ''()'+, ?; CRA 0?+, 0;?. DA provision

hich la"s don a general principle, such as those found in Art. ## of the ')(1Constitution, is usuall" not self%e!ecuting.D Manila Prince 5otel v. 8#, 8.R. No.

''0;, * ebruar" '))1, ;1 CRA ?+(, ?*'. DAccordingl", the Court hasF held

that the provisions in Article ## of our Constitution entitled D4eclaration of Principles

and tate PoliciesD should generall" be construed as mere statements of principles of

the tate.D &ustice Puno, dissenting, Manila Prince 5otel v. 8#,(d.at ?1?.

*5eeilosba"an #nc. v. Morato, 8.R. No. ''()'+, '; November '))0, 0+ CRA

'*+, '*(. Manila Prince 5otel v. 8#,supra note at ?*;.

?ilosba"an, #nc. v. Morato,supra note .

0DA searching in$uir" should be made to find out if the provision is intended as apresent enactment, complete in itself as a definitive la, or if it needs future

legislation for completion and enforcement. The in$uir" demands a micro%anal"sis

and the conte!t of the provision in $uestion.DJ. Puno, dissenting, Manila Prince

5otel v. 8#,supra note .;&. Bernas, The #ntent of the ')(; Constitution Griters 9'))0:, p. '?(.

1# Records of Proceedings and 4ebates, ')(; Constitutional Commission )?0.

(5ee&. eliciano, concurring, -posa v. actoran, &r., 8.R. No. '+'+(*, *+ &ul" '))*,

? CRA 1), ('0.

)ection ;).Nuisance Candidates. 8 The Commission ma", motu proprio or upon a

verified petition of an interested part", refuse to give due course or cancel a

certificate of candidac" if it is shon that said certificate has been filed to put theelection process in moc


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election, motu proprio refuse to give due course to or cancel a certificate of

candidac" of an" candidate for the positions of President, ice%President, enator

and Part"%list7

#. The grounds7

a. Candidates ho, on the face of their certificate of candidac", do not

possess the constitutional and legal $ualifications of the office to hich the"

aspire to be electedH

b. Candidate ho, on the face of said certificate, filed their certificate ofcandidac" to put the election process in moc


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SUPREME COURT

Manila

EN BANC


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G.R. No. 15451& Noember 1&, &))&

ICTORINO $ENNIS M. SOCRATES, M!or o2 Perto Pr"6e+! Ct,petitioner,

vs.

T0E COMMISSION ON EECTIONS, T0E PREPARATOR/ RECA

ASSEMB/ >PRA? o2 Perto Pr"6e+! Ct, PRA I"term C7!rm!" P"o" B.MAR@ $AI$ 0AGE$ORN, PRA I"term Se6ret!r P"o" B. BENJAMIN

JARIA, PRA C7!rm!" !"# Pre+#" O226er P"o" B. EAR S.

BUENIAJE !"# PRA Se6ret!r P"o" B. CAROS ABAA, JR.respondents.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

G.R. No. 154'83 Noember 1&, &))&

ICENTE S. SAN$OA, JR.,petitioner,

vs.

T0E COMMISSION ON EECTIONS,respondent.

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

G.R. No+. 155)8384 Noember 1&, &))&

MA. *ORES P. A$OO, MERC/ E. GIO !"# BIENENI$O OAE, SR.,

petitioners,vs.

T0E COMMISSION ON EECTIONS, !"# E$AR$ S. 0AGE$ORN,

respondents.

4 E C # # - N

CARPIO,J.:

The Case

Before us are consolidated petitions for certiorari'see


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Baranga" Captains, as interim chair of the PRA.

-n the same date, the PRA passed Resolution No. +'%+ 9DRecall ResolutionD for brevit":

hich declared its loss of confidence in ocrates and called for his recall. The PRAre$uested the C-ME6EC to schedule the recall election for ma"or ithin *+ da"s from

receipt of the Recall Resolution.

-n &ul" ';, ++, ocrates filed ith the C-ME6EC a petition, doc


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G.R. No. 154512

Petitioner ocrates see


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from proclaiming an" inning candidate in the recall election until further orders from

the Court. Petitioners ere re$uired to post a P+,+++ bond.

-n eptember 1, ++, ocrates filed a motion for leave to file an attached petition forintervention see


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Notices ere li


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ocrates also claims that the PRA members had no authorit" to adopt the Recall

Resolution on &ul" , ++ because a ma/orit" of PRA members ere see


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These constitutional and statutor" provisions have to parts. The first part provides that

an elective local official cannot serve for more than three consecutive terms. The clear

intent is that onl" consecutive terms count in determining the three%term limit rule. Thesecond part states that voluntar" renunciation of office for an" length of time does not

interrupt the continuit" of service. The clear intent is that involuntar" severance from

office for an" length of time interrupts continuit" of service and prevents the servicebefore and after the interruption from being /oined together to form a continuous service

or consecutive terms.

After three consecutive terms, an elective local official cannot see< immediate reelection

for a fourth term. The prohibited election refers to the ne!t regular election for the sameoffice folloing the end of the third consecutive term. An" subse$uent election, li


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third consecutive term is a subse$uent election but not an immediate reelection after the

third term.

Neither does the Constitution prohibit one barred from see


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term limit to be the full e!tent of the succeeding term.

#n the case of 5agedorn, his candidac" in the recall election on eptember ?, ++ is not

an immediate reelection after his third consecutive term hich ended on &une *+, ++'.The immediate reelection that the Constitution barred 5agedorn from see


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three "ears. The clear intent is that interruption Dfor an" length of time,D as long as the

cause is involuntar", is sufficient to brea< an elective local official3s continuit" of service.

#n the recent case of Adormeo v. Comelec and Talaga, '(a unanimous Court reiterated therule that an interruption consisting of a portion of a term of office brea


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recall election if the recall term is made to retroact to &une *+, ++', for onl" then can the

recall term constitute a fourth consecutive term. But to consider 5agedorn3s recall term as

a full term of three "ears, retroacting to &une *+, ++', despite the fact that he on hisrecall term onl" last eptember ?, ++, is to ignore realit". This Court cannot declare as

consecutive or successive terms of office hich historicall" and factuall" are not.

Gorse, to ma


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"ears comprising of the recall term plus the regular three full terms. A local official ho

serves a recall term should


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grave abuse of discretion in giving due course to the Recall Resolution. 4ismissal then of

8.R. No. '0?0' is inevitable. This notithstanding, # still hold on to m" dissenting vie

in 8.R. No. '''0'' 98arcia, et al. vs. C-ME6EC, et al., 1 CRA '++, '' '))*F: thatthe provision on the preparator" recall assembl" in ection 1+ of the 6ocal 8overnment

Code of '))' is unconstitutional.

-ur issuance of the Resolution of * eptember ++ in 8.R. No. '0?;(* en/oining the

C-ME6EC from implementing its Resolution No. 0;1* insofar as it fi!ed the recallelection on 1 eptember ++, and the subse$uent Resolution of the C-ME6EC giving

the candidates an additional campaign period of fifteen da"s from 1 eptember ++

rendered moot and academic the principal issue in 8.R. No. '0?;(*. The dismissal of thepetition therein is also in order.

5oever, # regret # cannot concur ith the argument and conclusion relative to 8.R. Nos.

'00+(*%(?. # respectfull" submit that private respondent Edard . 5agedorn is

dis$ualified from running for the position of Ma"or of Puerto Princesa Cit" in the recall

election in $uestion.

ection ( of Article = of the Constitution e!pressl" provides7

EC. (. The term of office of elective local officials, e!cept baranga" officials, hich

shall be determined b" la, shall be three "ears and no such official shall serve formore than three consecutive terms. oluntar" renunciation of the office for an"

length of time shall not be considered as an #nterruption #n the continuit" of his

service for the full term for hich he as elected.

Paragraph 9b:, ection ?* of R.A. No. 1';+ 9The 6ocal 8overnment Code: restates

this constitutional restriction, thus7 EC. ?*. Term of office. O

9b: No local elective official shall serve for more than three 9*: consecutive terms

in the same position. oluntar" renunciation of the office for an" length of time shall

not be considered as an interruption in the continuit" of service for the full term forhich the elective official as elected.

ection ( of Article = of the Constitution as not found in the Report of the

Committee on 6ocal 8overnments of the Constitutional Commission of ')(;. #t as

introduced at the plenar" session b" Commissioner 5ilario 8. 4avide, &r.Commenting thereon in his boo< entitled DThe #ntent of ')(; Constitution GritersD

9'))0 ed., p. ;)):, Commissioner &oa$uin Bernas states7

This provision as not found among the Committee3s proposals but came as an

amendment proposed b" Commissioner 4avide. #t as readil" accepted ithoutmuch discussion and formall" approved.

ection ( sets the duration of a term at three "ears, and prohibits elective local

officials from serving for more than three consecutive terms.


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Pursuant to the second paragraph of ection ' of Article =### 9The Transitor"

Provision: of the Constitution, and E!ecutive -rder No. 1+, as amended b" R.A.

No. ;;*;, the first local election, that is, the election for the first term under theConstitution for elective local officials, as on '( &anuar" ')((. B" e!press

provision of ection 0 of R.A. No. ;;*;, in relation to ection of Article =### of

the Constitution, that term e!pired at noon of *+ &une ')). The second election, i.e.,the election for the second term of elective local officials hich e!pired at noon of *+

&une '))0, for elective local officials, as on the second Monda" of Ma" '))

pursuant to R.A. No. 1';; 9An Act Providing for "nchroni@ed National and 6ocalElections and for Electoral Reforms:. The third election, i.e., for the third term hich

e!pired at noon of *+ &une '))(, as on the second Monda" of Ma" '))0, pursuant

to ection of R.A. No. 1';;. The fourth election, or for the fourth term hich

e!pired at noon of *+ &une ++', as on the second Monda" of Ma" '))(. The fifthelection, i.e., for the fifth term hich ould e!pire at noon of *+ &une ++?, as on

the second Monda" of Ma" ++'.Conformabl" ith ection ( of Article = of the

Constitution and ection ?*9b: of R.A. No. 1';+, a local official elected in the first

local election of '( &anuar" ')(( ma" be reelected in the s"nchroni@ed elections inMa" ')) and in Ma" '))0. 5e could not see< another reelection in the Ma" '))(

election because that ould have been his fourth term. imilarl", a local official hoas elected in the Ma" ')) election could be reelected in the Ma" '))0 and Ma"

'))( elections.

Private respondent 5agedorn as first elected as Cit" Ma"or of Puerto Princesa Cit" in

the Ma" ')) election. 5e as reelected in the Ma" '))0 and Ma" '))( elections. 5isthird term, b" virtue of his election in the Ma" '))( election, e!pired on *+ &une ++'.

Therefore, he as constitutionall" and statutoril" barred from see


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6et me first discuss the matter of hether the Constitutional Commission did approve the

rule of Dno #mmediate reelection after three consecutive terms.D #n support of its

affirmative conclusion the ponencia $uotes the Manifestation of Commissioner Romuloas entered in the &ournal of the Constitutional Commission, thus7

MAN#ETAT#-N - MR. R-M26-

2pon resumption of session, Mr. Romulo manifested that the Bod" ould proceed to the

consideration of to issues on the term of Representatives and local officials, namel"7 a:Alternative No. ' 9no further reelection after a total of three terms:, and : Alternative

No. 9no immediate reelection after three successive terms:.

This is inaccurate. Ghat actuall" happened as that the issue as originall" for elective

national and local officials. 5oever, the Commission decided to consider first the termof the members of CongressH and to defer the discussion on the term of elective local

officials until the Commission ould consider the report of the Committee on 6ocal

8overnments. -n this point # $uote the pertinent portions of olume To, pages *(%?0of the Record of the Constitutional Commission of its proceedings on 0 &ul" ')(;7

T5E PRE#4ENT. Ma"be it ill be of help e &ust remind ourselves that hat e

have before us no is the report of the Committee on the 6egislative. Therefore,

ma"be e should confine ourselves first to hat is covered b" the report hich is theterm of office of the enators and the Representatives.And ith respect to the local

officials, let us aait the report of the Committee on 6ocal 8overnments as to its

recommendation on this matter.

MR. R-4R#8-. As a matter of fact, # ill go further than that, it is m" belief, as

regards local officials, that e should leave this matter to the legislative.

T5E PRE#4ENT. o hat is the pleasure no of the Acting loor 6eader or of the

Chairman of the Committee on the 6egislativeJ

MR. R-4R#8-. # onder if the to proponents, Madam President, ill agree thate first tal< about the term of office of the Representatives because e are no

discussing the legislative department.

MR. 4A#4E. Madam President.

T5E PRE#4ENT. Commissioner 4avide is recogni@ed.

MR. 4A#4E. # ill agree reall" that this matter should relate onl" to the term ofoffice of the Representatives.

T5E PRE#4ENT. But are e agreed on these to proposals % the one of

Commissioner 8arcia here there is no further election after a total of three terms

and the other here there is no #mmediate reelection after three successive termsJ


33/64

MR. -P6E. Madam President, originall" if # remember right, the Commission

decided to consider the s"nchroni@ation of elections. And from that original

commitment, e proceeded to fi! the terms and decided related $uestions ithin theconte!t of s"nchroni@ation. Are e no abandoning the original tas< of

s"nchroni@ation hich could onl" be full" settled in terms of delimitations on the

proposed terms of the President and the ice%President, the Members of Congressand the local officials, or do e ant to postpone the s"nchroni@ation tas< to a later

time after e hear from the Committee on 6ocal 8overnments and the other

concerned committeesJ

T5E PRE#4ENT. Ghat does the Acting loor 6eader sa" to this particular $uestionof Commissioner -pleJ

MR. R-M26-. #n a a", Madam President, e have settled the s"nchroni@ation

tas


34/64

#t as *7?+ p.m.

At this /uncture, pieces of paper ere distributed, and the Commissioners rote

don their votes.

RE2MPT#-N - E#-N

At *70+ p.m., the session as resumed.

T5E PRE#4ENT. The session is resumed.

MR. 8AC-N. Madam President, ma" # have a clarification before e count the

ballots. The voting no is /ust for Representatives. Ge are not spea


35/64

MR. R-M26-. Alternative No. has on, Madam President. #t seems there are

some doubts as to the term of office of the enators, so # propose that e similarl"

vote on that to end an" doubt. #t as m" understanding this morning that hen evoted for the term of office of the enators, the" ould not be perpetuall"

dis$ualified.

T5E PRE#4ENT. rom the transcripts, it appears here that ith respect to enators,

votes ent to cheme No. ##H that is, ith one reelection. This is alread" ama/orit". o, does the Acting loor 6eader propose that e vote againJ

MR. R-M26-. The $uestion is hether or not that ill be perpetual, Madam

President, or after resting for si! "ears the" can run again. That is the $uestion that isnot ansered. # am tal


36/64

RE. R#8-. Madam President.

T5E PRE#4ENT. Ies, Commissioner Rigos is recogni@ed.

RE. R#8-. #n relation to that, if he ill be alloed to run again as enator after a

period of hibernation, e have to clarif" ho long that should be. #t could be three"ears, because in the proposed scheme, ever" three "ears e can elect the enators.

MR. R-4R#8-. Ies, Madam President, it can be three "ears.

2PEN#-N - E#-N

T5E PRE#4ENT. # ill suspend the session again so as to allo the parties to

compare ith the Acting loor 6eader so that e ill


37/64

shall no begin to count.

T5E PRE#4ENT. Please proceed.

T5E ECRETARI%8ENERA6, reading7

cheme No. # % %%

cheme No. ## % %%%%%%

T5E PRE#4ENT. The results sho ' votes for cheme No. # and * votes forcheme No. ##H cheme No. ## approved.

All the results ill be considered b" the Committee on the 6egislative in preparation

of their report.

o can e leave this matter noJ

The corresponding proposal on the three%term limit for elective local officialsithout immediate reelection as ta


38/64

MR. 4A#4E. Ies.

MR. N-66E4-. Ge accept the amendment. The Committee accepts the

amendment.

T5E PRE#4ENT. Ma" e have the reaction of the CommitteeJ

MR. N-66E4-. The Committee accepts the amendment, as amended, Madam

President.

T5E PRE#4ENT. #s there an" other commentJ

MR. -P6E. Madam President.

T5E PRE#4ENT. Commissioner -ple is [email protected]

MR. -P6E. Ma" e as< the Committee to read the proposed amendment no.

MR. N-66E4-. Ma" e as< Commissioner 4avide to read the ne section.

MR. 4A#4E. T5E TERM - -#CE - E6ECT#E 6-CA6 -#C#A6,

E=CEPT BARAN8AI -#C#A6, G5#C5 5A66 BE 4ETERM#NE4 BI

6AG, 5A66 BE T5REE IEAR AN4 N 2C5 -#C#A6 5A66 ERE -RM-RE T5AN T5REE C-NEC2T#E TERM. -62NTARI

REN2NC#AT#-N - T5E -#CE -R ANI 6EN8T5 - T#ME 5A66 N-T

BE C-N#4ERE4 A AN #NTERR2PT#-N #N T5E C-NT#N2#TI - 5#ER#CE -R T5E 266 TERM -R G5#C5 5E GA E6ECTE4.

T5E PRE#4ENT. Then let us vote first on the 4avide amendment.

#s there an" ob/ection to this ne section proposed b" Commissioner 4avide hich

has been read to the bod"J 9ilence: The Chair hears noneH the proposed section isapproved.

# ish to add that the Constitutional Commission debates on the issue of Dnoimmediate reelectionD after three consecutive terms for members of Congress clearl"

indicated that the Dno immediate reelectionD after the *%term limit ould e$uall"appl" to the elective local officials. This accounted for the immediate acceptance b"

the Committee on 6ocal 8overnments of the aforementioned Amendment of

Commissioner 4avide, hich is no ection ( of Article = of the Constitution.These debates clearl" shoed the #ntent of the Commission that the ban against an

immediate reelection after three consecutive terms applies to the fourth term, i.e., the


39/64

term immediatel" folloing the three consecutive terms, to be filled up b" the regular

election for such fourth term. or one to be able to run again after three consecutive

terms, he has to rest for the entire immediatel" succeeding fourth term. -n the ne!tfifth term he can run again to start a ne series of three consecutive terms. Ge $uote

these pertinent portions of the debates, recorded in olume To, pages *%** of

the Record of the Constitutional Commission7

MR. R-M26-. Madam President, the folloing are the various alternatives7chemeNo. # is ithout reelectionH cheme No. ## is ith one reelectionH and cheme No. ###

is reelection ithout limit. This is for 3the enators.

At this /uncture, pieces of paper ere distributed and the Commissioners rote dontheir votes.

T5E PRE#4ENT. The Chair as


40/64

MR. R-4R#8-. cheme No. ## sa"s Dthe ice%President % ith one reelection.D

T5E PRE#4ENT. No, that is for enators.3

MR. 82#N8-NA. Madam President.

T5E PRE#4ENT. Ies, Commissioner 8uenon is recogni@ed.

MR. 82#N8-NA. Ma" # suggest one more scheme % ith to reelections for theMembers of the 5ouse of RepresentativesJ

T5E PRE#4ENT. o, e shall distribute ballots again.

MR. R-M26-. Ghile the ballots are being distributed, ma" # read the folloing

four propositions for Congressmen7 3

cheme No. #, ithout reelection.

cheme No. ##, ith one reelection.

cheme No. ###, ith to reelections.

cheme No. #, no limit on reelection. #

MR. 4E 6- REIE. Madam President.

T5E PRE#4ENT. Commissioner de los Re"es is recogni@ed.

MR. 4E 6- REIE. The term of the Members of the 5ouse of Representatives

ill be three "ears, according to the first votingH the term of the enators, if the" areentitled to one reelection, ill be ' "ears. o, in order for a Member of the 5ouse of

Representatives to have also ' "ears, he must be entitled to three reelections. #

propose another scheme ith three reelections to ma


41/64

happen, because both the enators and the Congressmen ill have five 90: "ears on

the first election. o, the possibilit" that the enators ill have a longer term than the

Congressmen is remote.

MR. M-N-4. Madam President.

T5E PRE#4ENT. Commissioner Monsod is recogni@ed.

MR. M-N-4. Madam President, it occurred to us that the three alternatives are not

reall" mutuall" e!clusive. Can e have onl" these three7 ithout reelection, ith

reelection and ith unlimited reelectionJ Ge are as


42/64

cheme No. H cheme No. ### is approved.

MR. R-4R#8-. Madam President.

T5E PRE#4ENT. Commissioner Rodrigo is recogni@ed.

MR. R-4R#8-.. # ould li


43/64

severedH he as not a holder of an office either in a de /ure or de facto capacit". 5e


44/64

term of office of one ho is elected in a special election is considered one term for

purposes of determining the three consecutive terms.

A declaration that 5agedorn is $ualified to see< reelection in a recall election to removethe Ma"or ho as elected for a term for hich 5agedorn as constitutionall" and

statutoril" dis$ualified to be reelected to or, to hold #s to subvert the rationale of thethree%consecutive%term rule and ma


45/64

++, C-ME6EC promulgated Resolution No. 0;1* prescribing a calendar of activities

for the recall election. To da"s after, 5agedorn filed his certificate of candidac" for

ma"or in said election.

-n August 1, ++, petitioners Adovo and 8ilo sought for 5agedorn3s immediate

dis$ualification on the ground that he had served three consecutive full terms as ma"or ofPuerto Princesa Cit" immediatel" prior to the recall election and as thus proscribed b"

the Constitution from running in said election. -n August *+, ++, petitioner -llave, r.intervened to dis$ualif" 5agedorn on the same ground.

The recall election as set on eptember ?, ++. -n eptember +, ++, public

respondent C-ME6EC3s irst 4ivision denied the petitions for 5agedorn3sdis$ualification. The folloing da", petitioners Adovo, 8ilo and -llave, r. filed a motion

for reconsideration imploring the C-ME6EC en banc to reverse the eptember +

resolution. -n eptember *, ++, the C-ME6EC en banc affirmed the resolution of

the irst 4ivision holding 5agedorn $ualified to run in the recall election.

-n eptember ?, ++, petitioners Adovo, 8ilo and -llave, r. sought recourse in this

Court ith a er" 2rgent Petition for Certiorari and Prohibition ith Preliminar"

#n/unction and Pra"er for Temporar" Restraining -rder. -n the same date, Ma"or

ocrates filed a petition%in%intervention to nullif" the eptember * resolution of theC-ME6EC.

The petitions before us raise the folloing issues7

D#.

T5E C-ME6EC 8RAE6I AB2E4 #T 4#CRET#-N G5EN #T R26E4 T5ATREP-N4ENT 5A8E4-RN # N-T 4#K2A6##E4 R-M R2NN#N8 -R T5EP-#T#-N - MAI-R - P2ERT- PR#NCEA C#TI #N T5E C5E426E4

RECA66 E6ECT#-N, T5E C6EAR AN4 2NAMB#82-2 C-NT#T2T#-NA6

AN4 TAT2T-RI PR-5#B#T#-N A8A#NT A -2RT5 C-NEC2T#E TERM-R 6-CA6 E6ECT#E -#C#A6 N-TG#T5TAN4#N8.

##.

T5E 5-N-RAB6E C-ME6EC 8RAE6I ERRE4 AN4 AB2E4 #T

4#CRET#-N G5EN #T PR-CEE4E4 T- 4##4E A #N86E TERM - -#CE

#NT- TG-.

###.

T5E 5-N-RAB6E C-ME6EC C-MM#TTE4 8RAE AB2E - 4#CRET#-N

AN4 #-6ATE4 T5E #NTENT AN4 P2RP-E -R 5-64#N8 T5E C5E426E4

RECA66 E6ECT#-N -R T5E P-#T#-N - MAI-R - P2ERT- PR#NCEAC#TI AN4 T5E C-NT#T2T#-NA6 AN4 TAT2T-RI BAR A8A#NT A -2RT5


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C-NEC2T#E TERM.

#.

T5E 5-N-RAB6E C-ME6EC 8RAE6I AB2E4 #T 4#CRET#-N G5EN #T

R26E4 T5AT REP-N4ENT 5A8E4-RN # N-T 4#K2A6##E4 R-MR2NN#N8 #N T5E 2PC-M#N8 RECA66 E6ECT#-N A 5# #NE6#8#B#6#TI #

N-T APPARENT 2N4ER ECT#-N ;0 AN4 ;( - T5E -MN#B2 E6ECT#-N

C-4E, ECT#-N *) AN4 ?+ - RA 1';+ 96-CA6 8-ERNMENT C-4E:, AN4R26E * AN4 0 - T5E C-ME6EC R26E - PR-CE42RE.

.

T5E 5-N-RAB6E C-ME6EC C-MM#TTE4 8RAE AB2E - 4#CRET#-N

G5EN #T R26E4 T5AT REP-N4ENT 5A8E4-RN # K2A6##E4 T- R2N #N

T5E RECA66 E6ECT#-N EEN # 5E TAN4 4#K2A6##E4 R-M ER#N8

2N4ER A -2RT5 C-NEC2T#E TERM A 2C5 # A66E8E46I N-T T5EPR-#NCE - T5E #NTANT 4#K2A6##CAT#-N PR-CEE4#N8.

#.

T5E 5-N-RAB6E C-ME6EC C-MM#TTE4 8RAE AB2E - 4#CRET#-NG5EN #T #2E4 A 4EECT#E AN4 C6EAR6I -#4 RE-62T#-N.D

The foregoing issues ma" be reduced to the singular issue of hether or not private

respondent 5agedorn is dis$ualified from running in the eptember ?, ++ recall

election and serving as ma"or of Puerto Princesa Cit" considering that he has been thrice

consecutivel" elected and has served three full terms in that position from ')) to ++'.

# find the petitions devoid of merit.

Art. =, ec. ( of the Constitution provides7

Dec. (7 The term of office of elective local officials, e!cept baranga" officials, hich

shall be determined b" la, shall be three "ears and no such official shall serve for morethan three consecutive terms. oluntar" renunciation of the office for an" length of time

shall not be considered as an interruption in the continuit" of his service for the full term

for hich he as elected.D

This constitutional provision is restated in the 6ocal 8overnment Code of '))', to it7

Dec. ?*. Term of -ffice. %. . . 9b: No local elective official shall serve for more than three

9*: consecutive terms in the same position. oluntar" renunciation of the office for an"

length of time shall not be considered as an interruption in the continuit" of service forthe full term for hich the elective official concerned as elected.D


47/64

Ge have not interpreted Art. =, ec. ( of the Constitution in the recall election conte!t of

the cases at bar. #t is imperative to distill the intent of the framers of the Constitution and

the people ho ratified it.*Mere reliance on the surface meaning of the ords of theabove provision, hoever, ill not suffice to capture this elusive intent. Thus, e turn to

the proceedings and debates of the Constitutional Commission 9ConCom: as an e!trinsic

aid to interpretation.?

The Record of the Constitutional Commission shos that Art. =.ec. ( as readil" accepted b" the Commissioners ithout much discussionH0

nonetheless, their debates on setting the term limit for Representatives sho that the

rationale for the limit applies to both Representatives and elective local officials. Ge$uote at length the relevant portions of the debates, to it7

DMR. 8ARC#A. # ould li


48/64

ealth of e!perience and advice that could come from those ho have served for

nine "ears in public office.

inall", the concept of public service, if political d"nast" s"mboli@ed b" prolongedsta" in particular public offices is barred ill have fuller meaning. #t ill not be

limited onl" to those ho directl" hold public office, but also to consultative bodiesorgani@ed b" the people, among hom could be counted those ho have served in

public office ith accomplishment and distinction, for public service must no longerbe limited onl" to public office.

! ! ! ! ! ! ! ! !

MR. M-N-4. Madam President, # as reflecting on this issue earlier and # as


49/64

#f e agree that e ill ma


50/64

the past, then there ill no longer be an" Cincinnatus.

That is not perhaps a ver" important point, but # thin< e alread" have succeeded in

stri


51/64

Alternative No. % no immediate reelection after three successive

terms7 %%%%%D;9emphasis supplied:

#n several cases, this Court as guided b" the proceedings of the ConCom inconstruing Art. =, ec. ( of the Constitution in relation to ection ?*9b: of the 6ocal

8overnment Code of '))'. 4ifferent from the issue presented b" the cases at bar,hoever, the $uestion in those cases as hat constitutes a DtermD for purposes of

counting the three consecutive terms alloed under Art. =, ec. (. #t is apropos torevisit these cases to aid us in e!tracting the intent behind said Constitutional

provision and properl" appl" it to the uni$ue case of private respondent 5agedorn.

The maiden case as Bor/a, &r. v. Commission on Elections and &ose T. Capco 1

hich involved the '))( ma"oralt" election in Pateros. #n ')(), private respondent

Capco became ma"or b" operation of la upon the death of the incumbent, Cesar

Bor/a. #n ')), he as elected ma"or for a term ending in '))0. #n '))0, he as

reelected ma"or for another term of three "ears ending in &une '))(. #n March '))(,

he filed his certificate of candidac" for the Ma" '))( ma"oralt" election of Pateros.Petitioner Bor/a, &r., another candidate for ma"or, sought Capco3s dis$ualification on

the ground that b" &une *+, '))(, Capco ould have alread" served as ma"or forthree consecutive terms and ould therefore be ineligible to serve for another term.

The C-ME6EC en banc declared Capco eligible to run for ma"or, thus Bor/a, &r.

sought recourse in this Court. #n dismissing the petition, e considered the historicalbac


52/64

! ! ! ! ! ! ! ! !

To recapitulate, the term limit for elective local officials must be ta (. uppose

he is tice elected after that term, is he $ualified to run again in the ne!t electionJ

Ies, because he as not elected to the office of ma"or in the first term but simpl" found

himself thrust into it b" operation of la. Neither had he served the full term because heonl" continued the service, interrupted b" the death, of the deceased ma"or.

To consider C in the third case to have served the first term in full and therefore ineligible

to run a third time for reelection ould be not onl" to falsif" realit" but also to undul"

restrict the right of the people to choose hom the" ish to govern them. #f the vice%ma"or turns out to be a bad ma"or, the people can remed" the situation b" simpl" not

reelecting him for another term. But if, on the other hand, he proves to be a good ma"or,

there ill be no a" the people can return him to office 9even if it is /ust the third time heis standing for reelection: if his service of the first term is counted as one for the purpose


53/64

of appl"ing the term limit.

To consider C as eligible for reelection ould be in accord ith the understanding of the

Constitutional Commission that hile the people should be protected from the evils that amonopol" of political poer ma" bring about, care should be ta


54/64

econd, the petitioner cannot be deemed to have served the Ma" '))0 to '))( term

because he as ordered to vacate his post before the e!piration of the term. The

respondents3 contention that the petitioner should be deemed to have served one full termfrom Ma" '))0% '))( because he served the greater portion of that term has no legal

basis to support itH it disregards the second re$uisite for the application of the

dis$ualification, i.e., that he has full" served three consecutive terms.

#n sum, the petitioner as not the dul" elected ma"or and he did not hold office for thefull termH hence, his assumption of office from Ma" '))0 to March '))( cannot be

counted as a term for purposes of computing the three term limit.D'+9emphasis supplied:

inall", in the recent case of Adormeo v. C-ME6EC, et al., ''e ruled that a ma"or hoassumed office via a recall election and served the une!pired portion of the ma"oralt"

term is not considered to have served a full term for purposes of appl"ing the three term

limit. #n this case, therein private respondent Ramon Talaga, &r. as elected ma"or in

Ma" ')) and served the full term. #n '))0, he as reelected and again served the full

term. #n '))(, he lost to Bernard 8. Tagarao. About to "ears later, a recall election asheld here Talaga, &r. ran against Tagarao. 5e 9Talaga, &r.: on and served the remainder

of Tagarao3s term.

#n vie of the upcoming Ma" ++' ma"oralt" election, Talaga, &r. filed his certificate ofcandidac". -n March , ++', therein petitioner Adormeo sought the cancellation of

Talaga, &r.3s certificate of candidac" andor his dis$ualification on the ground that he had

been thrice elected and had served three consecutive terms as cit" ma"or. Talaga, &r.,hoever, as declared $ualified for the position of cit" ma"or. Adormeo thus sought

recourse before this Court.

Citing the Bor/a and 6on@anida rulings, e ruled that Talaga, &r. as not dis$ualified asthe to conditions for dis$ualification, namel" 9': the elective official concerned aselected for three consecutive terms in the same post and 9: he has full" served three

consecutive terms, ere not met. Ge did not consider Talaga, &r.3s service of the

une!pired portion of Tagarao3s term as service of a full term for purposes of the threeterm limit. Ge also ruled that he did not serve for three consecutive terms as there as a

brea< in his service hen he lost to Tagarao in the '))( elections. Ge held, vi@7

DC-ME6EC3s ruling that private respondent as not elected for three 9*: consecutive

terms should be upheld. or nearl" to "ears, he as a private citi@en. The continuit" ofhis ma"orship as disrupted b" his defeat in the '))( elections.

Patentl" untenable is petitioner3s contention that C-ME6EC in alloing respondent

Talaga, &r. to run in the Ma" '))( election violates Article =, ection ( of the ')(1

Constitution. 9footnote omitted: To bolster his case, respondent adverts to the comment ofr. &oa$uin Bernas, a Constitutional Commission member, stating that in interpreting said

provision that 3if one is elected representative to serve the une!pired term of another, that

une!pired 9term:, no matter ho short, ill be considered one term for the purpose ofcomputing the number of successive terms alloed.3


55/64

As pointed out b" the C-ME6EC en banc, r. Bernas3 comment is pertinent onl" to

members of the 5ouse of Representatives. 2nli


56/64

prohibited is the service of a fourth consecutive full term. Petitioners are correct in

foisting the vie that DtermD is a fi!ed and definite period of time prescribed b" la or

the Constitution during hich the public officer ma" claim to hold the office as a right. #tis a fi!ed and definite period of time to hold office, perform its functions, and en/o" its

privileges and emoluments until the e!piration of the period.'* #n ascertaining hat

DtermD means for elective local officials, the Constitution itself provides in Art. =, ec. (that it means a fi!ed, definite, and full period of three "ears, vi@7 Dec. (. The term of

office of elective local officials, e!cept baranga" officials, hich shall be determined b"

la, shall be three "ears ...D Although one or more persons ma" discharge the duties ofthe office during this fi!ed three%"ear period, the term is not divided into smaller terms b"

the number of incumbents ho ma" fill the office. #t is one and indivisible, and term

follos term in successive c"cles of three "ears each. #f the incumbent or the one elected

to the office fills a higher vacant office, refuses to assume office, fails to $ualif", dies, isremoved from office, voluntaril" resigns or is otherise permanentl" incapacitated to

discharge the functions of his office, thereb" creating a permanent vacanc",'? the term

ould remain unbro


57/64

Dec. ?*9b: . . . No local elective official shall serve for more than three 9*: consecutive

terms in the same position. oluntar" renunciation of the office for an" length of time

shall not be considered as an interruption in the continuit" of service for the full term forhich the elective official concerned as elected.D 9emphasis supplied:

6i


58/64

government official should be barred from running for the same post after three

consecutive terms. After a hiatus of at least one term, he ma" again run for the same

office.D'1 #ndeed, insofar as regular local elections are concerned, hich ere theelections involved in that case, there should be a hiatus of at least one full term of three

"ears.

-n the other hand, in the case of a local official ho assumes office through a recall

election % hether after his first, second, or third consecutive term% there is a brea< in hisservice caused b" the election of the incumbent ho as recalled. Even in the case of a

local official ho initiall" assumes office via recall election, then ins the to

succeeding regular elections and serves to full terms in the same post, he is notprohibited from see


59/64

government officials, Representatives cannot be recalled. #t is continuous prolonged sta"

in office that breeds political d"nasties. 2nderstandabl" therefore, insofar as

Representatives ho cannot be recalled are concerned, service of an une!pired term isstrictl" counted as service of a full term because the purpose of the ConCom as to limit

the right to run and be elected in Congress.'

#n alloing 5agedorn to participate in the eptember ? recall election, e are not

unmindful of the intent of the ConCom to broaden the people3s choice of leaders. Thethree term limit as adopted to allo the electorate to choose from other candidates in

the regular election succeeding the incumbent3s third consecutive term. This is clear in the

Commissioners3 alternatives for voting on the term limit for Representatives and theoutcome of their voting here '1 voted for Dno further election after a total of three

termsD and ; voted for Dno immediate reelection after three successive terms.D A

reelection is immediate if a local official ins in the election succeeding the thirdconsecutive term.This is not the case ith 5agedorn ho did not run in the ++'

regular ma"oralt" election and left that political arena to other contenders, thereb"

upholding the intent of the ConCom to broaden the choice of the electorate.

The intent of the ConCom to create a hiatus in the service of elective local officials afterthree consecutive full terms cannot be undermined through abuse of the poer of recall.

The 6ocal 8overnment Code of '))' provides limitations on recall in ection 1?, vi@7

Dection 1?. 6imitations on Recall. 9a: an" elective local official ma" be the sub/ect of a

recall election onl" once during his term of office for loss of confidence.

9b: No recall shall ta


60/64

soundness of his policies and decisions.3D0

#f, after one "ear in office, the incumbent proves himself to be orth" of his position,

then his constituents ill confirm this should a recall election be called, as in the case ofMa"or Re"naldo Malon@o of Caloocan Cit". #f, on the other hand, the incumbent turns

out to be an ineffective leader, there is no reason h" the electorate should not be alloedto ma


61/64

?Gith Mehol . adain as Presiding Commissioner and 6u@viminda 8. Tancangco

and Resurreccion Q. Borra as Commissioners.

0;) CRA *(+ 9'))1:.

;

Ricardo &. Romulo, Commissioner of the ')(; Constitutional Convention.

1Record of the Constitutional Commission, ol. , p. *;.

(&ournal of the Constitutional Commission, ol. #, p. ?+.

)DMR. R-M26-7 Madam President, e are no read" to vote on the $uestion of

the enators, and the schemes are as follos7 The first scheme is, no further election

after to termsH the second scheme is, no immediate reelection after to successiveterms. Madam President, inasmuch as the principles applicable here are the same as

those for the 5ouse of Representatives, # move that e go directl" to the voting and

forego an" further discussions.

T5E PRE#4ENT7 Please distribute the ballots for this particular item forenators. Are e read" noJ The ecretar"%8eneral ill please count the

ballots.

C-2NT#N8 - BA66-T

T5E ECRETARI%8ENERA67 Ge have ?* ballots here, Madam President. Geshall no begin to count.

T5E PRE#4ENT7 Please proceed.

T5E ECRETARI%8ENERA6, reading7

cheme No. # %%

cheme No. ## %%%%%%

T5E PRE#4ENT7 The results sho ' votes for cheme No. # and * votes forcheme No. ##H cheme No. ## is approved.D 9Emphasis supplied: Record of the

Constitutional Commission, ol. , pp. ??%?0.

'+DMR. 8AC-N7 #s this voting /ust for CongressmenJ

T5E PRE#4ENT7 Ies.

The ecretar"%8eneral ill no please proceed to count the votes.

C-2NT#N8 - BA66-T


62/64

T5E ECRETARI%8ENERA67 Madam President, e have here ?* ballots cast.

Ge ill no start the counting.

Alternative No. ' no further election after a total of threeterms7 %%%

Alternative No. no immediate reelection after three successive

terms7 %%%%%

T5E PRE#4ENT7 The results sho '1 votes for Alternative No. # and ; votes

for Alternative No. H Alternative No. is approved.D 9Emphasis supplied:Record of the Constitutional Commission, ol. , pp. ?*%??.

''econd paragraph of ection ?, Article # of the Constitution.

'&ose 6uis Martin C. 8ascon, Commissioner of the ')(; Constitutional

Commission.

'*5ilario 8. 4avide, &r., Commissioner of the ')(; Constitutional Commission, andno Chief &ustice of the upreme Court.

'?Record of the Constitutional Commission, ol. ##, p. 0)+.

'0Bernas, The #ntent of the ')(; Constitution Griters, p. *?' 9'))0:.

';5agedorn instead ran for 8overnor of Palaan in the ++' elections but lost.

'1

*'' CRA ;+ 9'))):.

'(8.R. No. '?1)1, ebruar" ?, ++.

'))0 CRA '01 9'))(:.

+&ose E. uare@, Commissioner of the ')(; Constitutional Commission.

'Record of the Constitutional Commission, ol. ##, p. 0).

PUNO,

'rivaldo v. C-ME6EC, 01 CRA 11 9'));:.

er" 2rgent Petition for Certiorari and Prohibition ith Preliminar" #n/unction andPra"er for Temporar" Restraining -rder 9Petition:, pp. )%'+. The Petition%in%

#ntervention of Ma"or ocrates raises similar issues.

*' 6. TaSada and . Carreon, Political 6a of the Philippines )0%); 9');':.


63/64

?R. Martin, Philippine Political 6a 1 9Ne ed. '))(:.

0&. Bernas, The #ntent of the ')(; Constitution Griters ;)) 9'))0:H Record of the

Constitutional Commission 9DRecordD:, vol. ###, pp. ?+;%?+(, ?0'.

;

Record, vol. ##, pp. *;%*1, *)%?+, ?*.

1)0 CRA '01 9'))(:.

(#d., pp. ';*, ';0.

)*'' CRA ;+ 9'))):.

'+6on@anida v. C-ME6EC, et al., *'' CRA ;+ 9'))):, pp. ;'%;'*.

''8.R. No. '?1)1, ebruar" ?, ++.

'Adormeo v. C-ME6EC, et al., supra, p. ;.

'*Petition, p. *, citing Martin and Martin, Administrative 6a, 6a of Public-fficers and Election 6a, Revised Edition, p. '1*.

'?6ocal 8overnment Code of '))', ec. ??9d:.

'0ee chardein v. 5arrison, et al., '( .G. d *'; 9')):.

';ection 1' of the 6ocal 8overnment Code of '))' provides in relevant part, vi@7

Dection 1'....The official or officials sought to be recalled shall automaticall" be

considered as dul" registered candidate or candidates to the pertinent positionsand, li


64/64

Dection 1+. #nitiation of the Recall Process. 9a: Recall ma" be initiated b" a

preparator" recall assembl" or b" the registered voters of the local government

unit to hich the local elective official sub/ect to such recall belongs.

9b: There shall be a preparator" recall assembl" in ever" province, cit",

district, and municipalit" hich shall be composed of the folloing7

9': Provincial level. All ma"ors, vice%ma"ors, and sanggunian members

of the municipalities and component citiesH

9: Cit" level. All punong baranga" and sanggunian baranga" membersin the cit"H

9*: 6egislative district level. #n cases here sangguniang panlalaigan

members are elected b" district, all elective municipal officials in the

districtH and in cases here sangguniang panglungsod members are

elected b" district, all elective baranga" officials in the districtH and

9?: Municipal level. All punong baranga" and sangguniang baranga"

members in the municipalit".

9c: A ma/orit" of all the preparator" recall assembl" members ma" convenein session in a public place and initiate a recall proceeding against an"

elective official in the local government unit concerned. Recall of

provincial, cit", or municipal officials shall be validl" initiated through aresolution adopted b" a ma/orit" of all the members of the preparator" recall

assembl" concerned during its session called for the purpose.D

?**' CRA *(( 9+++:.

0Claudio v. C-ME6EC, et al., supra, p. ?+;.

;Paras v. C-ME6EC, ;? CRA ?)' 9'));:.

12.. Term 6imits, #nc. v. Thornton, 0'? 2.. 11), '*' 6. Ed. d ((' 9'))0:.

(8arcia v. C-ME6EC, et al., 1 CRA '++ 9'))*:.

Political Dynasty Cases

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