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2013-56343 | Law 172
RIVERA III v COMELEC (1991) alleging that Morales has already served three consecutive terms as
Term Limits | Sandoval-Gutierrez, J. | G.R. No. 167591, G.R. No. 170577 Mayor.
The RTC dismissed the petition for quo warranto on the ground
Facts: The case involves two consolidated petitioned for certiorari that t Morales did not serve the three-term limit since he was not the
assailing decisions of the COMELEC En Banc. duly elected mayor of Mabalacat for the term 1988 to 2001.
Rivera Case: In 2004, respondent Morales ran as a candidate for mayor of Issue: Whether or not Morales had served the three-term limit – YES
Mabalacat, Pampanga. Petitioners Rivera and De Guzman filed a petition
to cancel Morales’ Certificate of Candidacy on the ground that he was Ratio: In resolving the issue in this case, the Court turned to the case of
elected and had served three previous consecutive terms as mayor of Ong v. Alegre which presented an identical set of facts. In said case, the
Mabalacat: from July 1, 1995 to June 30, 1998 (first term), from July 1 Court through Justice Garcia stated that for the three-term limit for
1998 to June 30, 2001 (second term), and July 1, 2001 to June 30, 2004 elective local government officials to apply, two conditions or requisites
(third term). must concur: (1) that the official concerned has been elected for three (3)
consecutive terms in the same local government post, and (2) that he has
Morales argued that he served the second term only as a fully served three (3) consecutive terms.
"caretaker of the office" or as a "de facto officer" since his proclamation
as mayor was declared void by the Regional Trial Court (RTC), Branch 57, Thus, in the case of Ong, where Francis Ong was elected and
Angeles City and was preventively suspended by the Ombudsman in an assumed the duties of the mayor of San Vicente, Camarines Norte for
anti-graft case from January 16, 1999 to July 15, 1999. three consecutive terms but his proclamation as mayor in the May 1998
election was declared void, the Supreme Court nevertheless held that
The COMELEC Second Division found Morales disqualified to run Ong’s assumption of office constituted "service for the full term," and
for the position having served three consecutive terms. However, this should be counted as a full term served in contemplation of the three-
was reverse by the COMELEC En Banc which ruled that, the Decision of term limit prescribed by the constitutional and statutory provisions
the RTC declaring Morales’ proclamation as Mayor to be void severed his barring local elective officials from being elected and serving for more
continuous service of three terms. than three consecutive terms for the same position.
Dee Case: Morales eventually won in the 2004 elections and was The Court saw no reason not to apply the same to the case at bar.
proclaimed Mayor of Mabalacat. Petitioner Dee, who was also a Morales was elected for the term July 1, 1998 to June 30, 2001. He
candidate for mayor, filed a petition for quo warranto against Morales assumed the position and served as mayor until June 30, 2001. He was
PADILLA, Zoe Ysabel D.
2013-56343 | Law 172
mayor for the entire period notwithstanding the Decision of the RTC in WHEREFORE, the petition in G.R. No. 167591 is GRANTED. Respondent
the electoral protest case ousting him as mayor. Such circumstance does Morales’ Certificate of Candidacy dated December 30, 2003 is cancelled.
not constitute an interruption in serving the full term. In view of the vacancy in the Office of the Mayor in Mabalacat,
Pampanga, the vice-mayor elect of the said municipality in the May 10,
The reason for the maximum term limit is to establish some 2004 Synchronized National and Local Elections is hereby declared mayor
safeguards against the excessive accumulation of power as a result of and shall serve as such for the remaining duration of the term July 1, 2004
consecutive terms. Such purpose would be defeated if Morales would be to June 30, 2007. The petition in G.R. No. 170577 is DISMISSED for being
allowed to serve a fourth consecutive term. Thus he should be promptly moot.
ousted from the position of mayor of Mabalacat.
Issue: Whether or not petitioner Dee, having garnered the second highest
number of votes, should be proclaimed as mayor in light of Morales’
disqualification – NO
Ratio: The ineligibility of a candidate receiving majority votes does not
entitle the eligible candidate receiving the next highest number of votes
to be declared elected. A minority or defeated candidate cannot be
deemed elected to the office.
Morales’ ineligibility has resulted in a permanent vacancy which
should be filled by the vice mayor in accordance with Section 44 of the
Local Government Code, thus:
Sec. 44. Permanent vacancies in the Offices of the Governor, Vice-
Governor, Mayor and Vice-Mayor. – (a) If a permanent vacancy
occurs in the office of the governor or mayor, the vice-governor
or the vice-mayor concerned shall become the governor or
mayor. xxx
