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 than
three 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 the
latter 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 of
petitioner and declared private respondent Capco dis$ualified from running for reelection
as ma"or of Pateros.
&
5oever, on motion of private respondent the C-ME6EC en
banc, voting 0%,, reversed the decision and declared Capco eligible to run for ma"or in
the Ma" '', '))( elections.
3
The ma/orit" stated in its decision7
#n both the Constitution and the 6ocal 8overnment Code, the three%term
limitation refers to the term of office for hich the local official as elected. #t
made no reference to succession to an office to hich he as not elected. #n the
case before the Commission, respondent Capco as not elected to the position of
Ma"or in the &anuar" '(, ')(( local elections. 5e succeeded to such office b"
operation of la and served for the une!pired term of his predecessor.
Conse$uentl", such succession into office is not counted as one 9': term for
purposes of the computation of the three%term limitation under the Constitution
and 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 of
Canvassers.
This is a petition for certiorari brought 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 the
Constitution 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 is
irrelevant 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. Aoluntar" 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. B . . .
9b: No local elective official shall serve for more than three 9*: consecutive
terms in the same position. Aoluntar" 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 for hich the elective official concerned as elected. . . .
Cirst, 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 the
freedom of choice of the people. To consider, therefore, onl" sta" in office regardless of
ho the official concerned came to that office B hether b" election or b" succession b"
operation of la B ould be to disregard one of the purposes of the constitutional
provision in $uestion.
Thus, a consideration of the historical bac<ground of Article =, >( of the Constitution
reveals that the members of the Constitutional Commission ere as much concerned ith
preserving the freedom of choice of the people as the" ere ith preventing the
monopoli@ation of political poer. #ndeed, the" re/ected a proposal put forth b"
Commissioner Edmundo C. 8arcia that after serving three consecutive terms or nine "ears
there should be no further reelection for local and legislative officials. #nstead, the"
adopted the alternative proposal of Commissioner Christian Monsod that such officials be
simpl" barred from running for the same position in the of the succeeding election
folloing the e!piration of the third consecutive term.
4
Monsod arned against
Dprescreening candidates EfromF hom the people ill chooseD as a result of the proposed
absolute dis$ualification, considering that the draft constitution contained provisions
Drecogni@ing people3s poer.D
5
Commissioner Blas C. -ple, ho supported the Monsod proposal, said7
The principle involved is reall" hether this Commission shall impose a
temporar" or a perpetual dis$ualification on those ho have served their terms in
accordance ith the limits on consecutive service as decided b" the
Constitutional Commission. # ould be ver" ar" about this Commission
e!ercising a sort of omnipotent poer in order to dis$ualif" those ho ill
alread" have served their terms from perpetuating themselves in office. # thin<
the Commission achieves its purpose in establishing safeguards against the
e!cessive accumulation of poer as a result of consecutive terms. Ge do put a
cap on consecutive service B in the case of the President, si! "ears, in the case
of the Aice%President, unlimitedH and in the case of the .enators, one reelection.
#n the case of the Members of Congress, both from the legislative districts and
from the part" list and sectoral representation, this is no under discussion and
later on the polic" concerning local officials ill be ta<en up b" the Committee
on 6ocal 8overnments. The principle remains the same. # thin< e ant to
prevent future situations here, as a result of continuous service and fre$uent
reelections, officials from the President don to the municipal ma"or tend to
develop a proprietar" interest in their positions and to accumulate those poers
and per$uisites that permit them to sta" on indefinitel" or to transfer these posts
to members of their families in a subse$uent election. # thin< that is ta<en care of
because e put a gap on the continuit" or the unbro<en service of all of these
officials. But here e no decide to put these prospective servants of the
people or politicians, if e ant to use the coarser term, under a perpetual
dis$ualification, # have a feeling that e are ta<ing aa" too much from the
people, hereas e should be giving as much to the people as e can in terms of
their on freedom of choice. . . .
'
-ther commissioners ent on record against Dperpetuall" dis$ualif"ingD elective officials
ho have served a certain number of terms as this ould den" the right of the people to
choose. As Commissioner Iusup R. Abuba<ar as<ed, Dh" should e arrogate unto
ourselves the right to decide hat the people antJD
(
Commissioner Celicitas .. A$uino spo<e in the same vein hen she called on her
colleagues to Dallo the people to e!ercise their on sense of proportion and Erel"F on
their on strength to curtail poer hen it overreaches itself.D
8
Commissioner Teodoro C. Bacani stressed7 DGh" should e not leave Eperpetual
dis$ualification after serving a number of termsF to the premise accepted b" practicall"
ever"bod" here that our people are politicall" matureJ .hould e use this assumption
onl" hen it is convenient for us, and not hen it ma" also lead to a freedom of choice
for the people and for politicians ho ma" aspire to serve them longerJD
9
To ideas thus emerge from a consideration of the proceedings of the Constitutional
Commission. The first is the notion ofservice of term, derived from the concern about the
accumulation of poer as a result of a prolonged sta" in office. The second is the idea of
election, derived from the concern that the right of the people to choose those hom the"
ish to govern them be preserved.
#t is li<eise noteorth" that, in discussing term limits, the drafters of the Constitution
did so on the assumption that the officials concerned ere serving b" reason of election.
This is clear from the folloing e!change in the Constitutional Commission concerning
term limits, no embodied in Art. A#, >>? and 1 of the Constitution, for members of
Congress7
MR. 8A.C-N. # ould li<e to as< a $uestion ith regard to the issue after the
second term. Ge ill allo the .enator to rest for a period of time before he can
run againJ
MR. 4AA#4E. That is correct.
MR. 8A.C-N. And the $uestion that e left behind before B if the 8entlemen
ill remember B 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. 4AA#4E. #f the 8entlemen ill remember, Commissioner Rodrigo
e!pressed the vie that during the election folloing the e!piration of the first
', "ears, hether such election ill 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 of
succession 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<s of Dthe term of office
of elective local officialsD and bars Dsuch officialEsFD from serving for more than three
consecutive terms. The second sentence, in e!plaining hen an elective local official ma"
be deemed to have served his full term of office, states that Dvoluntar" 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 which he was elected.D The term served must therefore be
one Dfor hich Ethe official concernedF as elected.D The purpose of this provision is to
prevent a circumvention of the limitation on the number of terms an elective local official
ma" serve. Conversel", if he is not serving a term for hich he as elected because he is
simpl" continuing the service of the official he succeeds, such official cannot be
considered to have full" served the term notithstanding his voluntar" renunciation of
office prior to its e!piration.
Reference is made to Commissioner Bernas3 comment on Art. A#, >1, hich similarl"
bars members of the 5ouse of Representatives from serving for more than three terms.
Commissioner Bernas states that Dif one is elected Representative to serve the une!pired
term of another, that une!pired term, no matter ho short, ill be considered one term for
the purpose of computing the number of successive terms alloed.D
1&
This is actuall" based on the opinion e!pressed b" Commissioner 4avide in anser to a
$uer" of Commissioner .uare@7 DCor e!ample, a special election is called for a .enator,
and the .enator nel" elected ould have to serve the une!pired portion of the term.
Gould that mean that serving the une!pired portion of the term is alread" considered one
termJ .o, half a term, hich is actuall" the correct statement, plus one term ould
dis$ualif" the .enator concerned from runningJ #s that the meaning of this provision on
dis$ualification, Madam PresidentJD Commissioner 4avide said7 DIes, because e spea<
of Dterm,D and if there is a special election, he ill serve onl" for the une!pired portion of
that particular term plus one more term for the .enator and to more terms for the
Members of the 6oer 5ouse.D
13
There is a difference, hoever, beteen the case of a vice%ma"or and that of a member of
the 5ouse of Representatives ho succeeds another ho dies, resigns, becomes
incapacitated, or is removed from office. The vice%ma"or succeeds to the ma"orship b"
operation of la.
14
-n the other hand, the Representative is elected to fill the vacanc".
15
#n a real sense, therefore, such Representative serves a term for hich he as elected. As
the purpose of the constitutional provision is to limit the right to be elected and to serve in
Congress, his service of the une!pired term is rightl" counted as his first term. Rather
than refute hat e believe to be the intendment of Art. =, >( ith regard to elective
local officials, the case of a Representative ho succeeds another confirms the theor".
Petitioner also cites Art. A##, >? of the Constitution hich provides for succession of the
Aice%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 ho
has 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<eise be considered to have served a full term as ma"or if he
succeeds to the latter3s office and serves for the remainder of the term.
The framers of the Constitution included such a provision because, ithout it, the Aice%
President, ho simpl" steps into the Presidenc" b" succession, ould be $ualified to run
President even if he has occupied that office for more than four "ears. The absence of a
similar provision in Art. =, >( on elective local officials thros in bold relief the
difference beteen the to cases. #t underscores the constitutional intent to cover onl" the
terms of office to hich one ma" have been elected for purposes of the three%term limit
on local elective officials, disregarding for this purpose service b" automatic succession.
There is another reason h" the Aice%President ho succeeds to the Presidenc" and
serves in that office for more than four "ears is ineligible for election as President. The
Aice%President is elected primaril" to succeed the President in the event of the latter3s
death, permanent disabilit", removal, or resignation. Ghile he ma" be appointed to the
cabinet, his becoming, so is entirel" dependent on the good graces of the President. #n
running for Aice%President, he ma" thus be said to also see< the Presidenc". Cor their part,
the electors li<eise choose as Aice%President the candidate ho the" thin< can fill the
Presidenc" in the event it becomes vacant. 5ence, service in the Presidenc" for more than
four "ears ma" rightl" be considered as service for a full term.
This is not so in the case of the vice%ma"or. 2nder the 6ocal 8overnment Code, he is the
presiding officer of the sanggunian and he appoints all officials and emplo"ees of such
local assembl". 5e has distinct poers and functions, succession to ma"orship in the
event of vacanc" therein being onl" one of
them.
1'
#t cannot be said of him, as much as of the Aice%President in the event of a
vacanc" in the Presidenc", that, in running for vice%ma"or, he also see<s the ma"orship.
5is assumption of the ma"orship in the event of vacanc" is more a matter of chance than
of design. 5ence, his service in that office should not be counted in the application of an"
term limit.
To recapitulate, the term limit for elective local officials must be ta<en to refer to the
right to be elected as ell as the right to serve in the same elective position.
Conse$uentl", 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 dis$ualification can appl". This point can be made clearer b"
considering the folloing cases or situations7
Case No. 1. .uppose A is a vice%ma"or ho becomes ma"or b" reason of the
death of the incumbent. .i! months before the ne!t election, he resigns and is
tice elected thereafter. Can he run again for ma"or in the ne!t electionJ
Ies, because although he has alread" first served as ma"or b" succession and
subse$uentl" resigned from office before the full term e!pired, he has not
actuall" served three full terms in all for the purpose of appl"ing the term limit.
2nder Art. =, >(, voluntar" renunciation of the office is not considered as an
interruption in the continuit" of his service for the full term onl" if the term is
one Dfor hich he as elected.D .ince A is onl" completing the service of the
term for hich the deceased and not he as elected, A cannot be considered to
have completed one term. 5is resignation constitutes an interruption of the full
term.
Case No. 2. .uppose B is elected ma"or and, during his first term, he is tice
suspended for misconduct for a total of ' "ear. #f he is tice reelected after that,
can he run for one more term in the ne!t electionJ
Ies, because he has served onl" to full terms successivel".
#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 elected three times. #n the second case, the
local official has been elected three consecutive times, but he has not full" served three
consecutive terms.
Case No. 3. The case of vice%ma"or C ho becomes ma"or b" succession
involves 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 but
simpl" 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 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 he
is standing for reelection: if his service of the first term is counted as one for the purpose
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 a
monopol" of political poer ma" bring about, care should be ta<en that their freedom of
choice is not undul" curtailed.
G5EREC-RE, the petition is 4#.M#..E4.
.- -R4ERE4.
Narvasa, C.J., avide, Jr., !omero, Bellosillo, "elo, #uno, $itug, %apunan,
#anganiban, "artine&, 'uisumbing and #urisima, JJ., concur.
Regalado, &., is on leave.
*oot"ote+
' !ollo, pp. 0%;, ',?%',0.
, (d., pp. ;*%1'.
* (d., pp. *+%*,.
? REC-R4 -C T5E C-N.T#T2T#-NA6 C-MM#..#-N ,*;%,?* 9.ession 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-N.T#T2T#-N ;*1 9'));:.
'* , REC-R4 0), 9.ession of August 1, ')(;:.
'? 6-CA6 8-AERNMENT C-4E of '))', R.A. No. 1';+, >??9a:.
'0 Art. A#, >(.
'; RA. No. 1';+, >??0 9'))':.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 1'18(& Apr,- 13, &))4
RE.. E/ C0A.E% PAMATONG, ES1UIRE, petitioner,
vs.
COMMISSION ON EECTIONS, respondent.
RE.-62T#-N
TINGA, J.:
Petitioner Rev. Ell" Aele@ Pamatong filed his Certificate of Candidac) for President on
4ecember '1, ,++*. Respondent Commission on Elections 9C-ME6EC: refused to give
due 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 M. .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 !econsideration as doc<eted as .PP 9MP: No. +?%++'. The
C-ME6EC, acting on petitionerLs "otion for !econsideration and on similar motions
filed b" other aspirants for national elective positions, denied the same under the aegis of
-mnibus !esolution No. **./ dated Cebruar" '', ,++?. The C-ME6EC declared
petitioner and thirt"%five 9*0: others nuisance candidates ho could not age a
nationide campaign andNor are not nominated b" a political part" or are not supported
b" a registered political part" ith a national constituenc". Commissioner .adain
maintained his vote for petitioner. B" then, Commissioner Tancangco had retired.
#n this #etition 0or 1rit of Certiorari, petitioner see<s to reverse the resolutions hich
ere allegedl" rendered in violation of his right to De$ual access to opportunities for
public serviceD under .ection ,;, Article ## of the ')(1
Constitution,
'
b" limiting the number of $ualified candidates onl" to those ho can afford
to age a nationide campaign andNor are nominated b" political parties. #n so doing,
petitioner argues that the C-ME6EC indirectl" amended the constitutional provisions on
the electoral process and limited the poer of the sovereign people to choose their
leaders. The C-ME6EC supposedl" erred in dis$ualif"ing him since he is the most
$ualified among all the presidential candidates, i.e., he possesses all the constitutional and
legal $ualifications for the office of the president, he is capable of aging a national
campaign since he has numerous national organi@ations under his leadership, he also has
the capacit" to age an international campaign since he has practiced la in other
countries, and he has a platform of government. Petitioner li<eise attac<s the validit" of
the form for the Certificate of Candidac) prepared b" the C-ME6EC. Petitioner claims
that the form does not provide clear and reasonable guidelines for determining the
$ualifications of candidates since it does not as< for the candidateLs bio%data and his
program of government.
Cirst, the constitutional and legal dimensions involved.
#mplicit in the petitionerLs invocation of the constitutional provision ensuring De$ual
access to opportunities for public officeD is the claim that there is a constitutional right to
run 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 the
privilege 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$ual accessD provision is a subsumed part of Article ## of the Constitution, entitled
D4eclaration of Principles and .tate Policies.D The provisions under the Article are
generall" considered not self%e!ecuting,
,
and there is no plausible reason for according a
different treatment to the De$ual accessD provision. 6i<e the rest of the policies
enumerated in Article ##, the provision does not contain an" /udiciall" enforceable
constitutional right but merel" specifies a guideline for legislative or e!ecutive action.
*
The disregard of the provision does not give rise to an" cause of action before the courts.
?
An in$uir" into the intent of the framers
0
produces the same determination that the
provision is not self%e!ecutor". The original ording of the present .ection ,;, Article ##
had read, DThe .tate shall broaden opportunities to public office and prohibit public
d"nasties.D
;
Commissioner 9no Chief &ustice: 5ilario 4avide, &r. successfull" brought
forth an amendment that changed the ord DbroadenD to the phrase Densure e$ual access,D
and the substitution of the ord DofficeD to Dservice.D 5e e!plained his proposal in this
ise7
# changed the ord DbroadenD to DEN.2RE EK2A6 ACCE.. T-D because hat is
important ould be e$ual access to the opportunit". I2 3o4 bro!#e", ,t 5o4-#
"e6e++!r,-3 me!" t7!t t7e 8o9er"me"t 5o4-# be m!"#!te# to 6re!te !+ m!"3
o22,6e+ !+ !re po++,b-e to !66ommo#!te !+ m!"3 peop-e !+ !re !-+o po++,b-e. That
is the meaning of broadening opportunities to public service. So, ," or#er t7!t 5e
+7o4-# "ot m!"#!te t7e St!te to m!:e t7e 8o9er"me"t t7e "4mber o"e emp-o3er
!"# to -,m,t o22,6e+ o"-3 to 57!t m!3 be "e6e++!r3 !"# e;pe#,e"t 3et o22er,"8
e<4!- opport4",t,e+ to !66e++ to ,t, I 67!"8e t7e 5or# =bro!#e".=
(
9emphasis
supplied:
-bviousl", the provision is not intended to compel the .tate to enact positive measures
that ould accommodate as man" people as possible into public office. The approval of
the D4avide amendmentD indicates the design of the framers to cast the provision as
simpl" enunciator" of a desired polic" ob/ective and not reflective of the imposition of a
clear .tate burden.
Moreover, the provision as ritten leaves much to be desired if it is to be regarded as the
source of positive rights. #t is difficult to interpret the clause as operative in the absence
of legislation since its effective means and reach are not properl" defined. Broadl"
ritten, the m"riad of claims that can be subsumed under this rubric appear to be entirel"
open%ended.
(
Gords and phrases such as De$ual access,D Dopportunities,D and Dpublic
serviceD 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$ual access to opportunities to public office ma" be
sub/ected to limitations. .ome valid limitations specificall" on the privilege to see<
elective office are found in the provisions
)
of the -mnibus Election Code on DNuisance
CandidatesD and C-ME6EC Resolution No. ;?0,
'+
dated 4ecember '+, ,++, outlining
the instances herein the C-ME6EC ma" motu proprio refuse to give due course to or
cancel a Certificate of Candidac).
As long as the limitations appl" to ever"bod" e$uall" ithout discrimination, hoever,
the e$ual access clause is not violated. E$ualit" is not sacrificed as long as the burdens
engendered b" the limitations are meant to be borne b" an" one ho is minded to file a
certificate of candidac". #n the case at bar, there is no shoing that an" person is e!empt
from the limitations or the burdens hich the" create.
.ignificantl", petitioner does not challenge the constitutionalit" or validit" of .ection ;)
of the -mnibus Election Code and C-ME6EC Resolution No. ;?0, dated '+ 4ecember
,++*. Thus, their presumed validit" stands and has to be accorded due eight.
Clearl", therefore, petitionerLs reliance on the e$ual access clause in .ection ,;, Article ##
of the Constitution is misplaced.
The rationale behind the prohibition against nuisance candidates and the dis$ualification
of candidates ho have not evinced a bona fide intention to run for office is eas" to
divine. The .tate has a compelling interest to ensure that its electoral e!ercises are
rational, ob/ective, and orderl". Toards this end, the .tate ta<es into account the
practical considerations in conducting elections. #nevitabl", the greater the number of
candidates, the greater the opportunities for logistical confusion, not to mention the
increased allocation of time and resources in preparation for the election. These practical
difficulties should, of course, never e!empt the .tate from the conduct of a mandated
electoral e!ercise. At the same time, remedial actions should be available to alleviate
these logistical hardships, henever necessar" and proper. 2ltimatel", a disorderl"
election is not merel" a te!tboo< e!ample of inefficienc", but a rot that erodes faith in our
democratic institutions. As the 2nited .tates .upreme Court held7
ETFhere is surel" an important state interest in re$uiring some preliminar" shoing of
a significant modicum of support before printing the name of a political organi@ation
and its candidates on the ballot O the interest, if no other, in avoiding confusion,
deception and even frustration of the democratic EprocessF.
''
The C-ME6EC itself recogni@ed these practical considerations hen it promulgated
!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 candidates
for national positions because the election process becomes a moc<er" even if those
ho cannot clearl" age a national campaign are alloed to run. Their names ould
have to be printed in the Certified 6ist of Candidates, Aoters #nformation .heet and
the -fficial Ballots. These ould entail additional costs to the government. Cor the
official ballots in automated counting and canvassing of votes, an additional page
ould amount to more or less C-2R 52N4RE4 C#CTI M#66#-N PE.-.
9P?0+,+++,+++.++:.
!!!E#Ft serves no practical purpose to allo those candidates to continue if the"
cannot age a decent campaign enough to pro/ect the prospect of inning, no matter
ho slim.
',
The preparation of ballots is but one aspect that ould be affected b" alloance of
Dnuisance candidatesD to run in the elections. -ur election las provide various
entitlements for candidates for public office, such as atchers in ever" polling place,
'*
atchers in the board of canvassers,
'?
or even the receipt of electoral
contributions.
'0
Moreover, there are election rules and regulations the formulations of
hich are dependent on the number of candidates in a given election.
8iven these considerations, the ignominious nature of a nuisance candidac" becomes
even more galling. The organi@ation of an election ith bona fide candidates standing is
onerous enough. To add into the mi! candidates ith no serious intentions or capabilities
to run a viable campaign ould actuall" impair the electoral process. This is not to
mention the candidacies hich are palpabl" ridiculous so as to constitute a one%note /o<e.
The poll bod" ould be bogged b" irrelevant minutiae covering ever" step of the
electoral process, most probabl" posed at the instance of these nuisance candidates. #t
ould be a senseless sacrifice on the part of the .tate.
-ing to the superior interest in ensuring a credible and orderl" election, the .tate could
e!clude nuisance candidates and need not indulge in, as the song goes, Dtheir trips to the
moon on gossamer ings.D
The -mnibus Election Code and C-ME6EC Resolution No. ;?0, are cogni@ant of the
compelling .tate interest to ensure orderl" and credible elections b" e!cising
impediments thereto, such as nuisance candidacies that distract and detract from the
larger purpose. The C-ME6EC is mandated b" the Constitution ith the administration
of elections
';
and endoed ith considerable latitude in adopting means and methods that
ill ensure the promotion of free, orderl" and honest elections.
'1
Moreover, the
Constitution guarantees that onl" bona fide candidates for public office shall be free from
an" form of harassment and discrimination.
'(
The determination of bona fidecandidates is
governed b" the statutes, and the concept, to our mind is, satisfactoril" defined in the
-mnibus Election Code.
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 of
hat 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 nuisance
candidate. 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 a
revie ould necessaril" ta<e into account the matters hich the C-ME6EC considered
in arriving at its decisions.
Petitioner has submitted to this Court mere photocopies of various documents purportedl"
evincing his credentials as an eligible candidate for the presidenc". Iet this Court, not
being a trier of facts, can not properl" pass upon the reproductions as evidence at this
level. Neither the C-ME6EC nor the .olicitor 8eneral appended an" document to their
respective Comments.
The $uestion of hether a candidate is a nuisance candidate or not is both legal and
factual. The basis of the factual determination is not before this Court. Thus, the remand
of this case for the reception of further evidence is in order.
A ord of caution is in order. Ghat is at sta<e is petitionerLs aspiration and offer to serve
in the government. #t deserves not a cursor" treatment but a hearing hich conforms to
the re$uirements of due process.
As to petitionerLs attac<s on the validit" of the form for the certificate of candidac",
suffice it to sa" that the form strictl" complies ith .ection 1? of the -mnibus Election
Code. This provision specificall" enumerates hat a certificate of candidac" should
contain, ith the re$uired information tending to sho that the candidate possesses the
minimum $ualifications for the position aspired for as established b" the Constitution and
other election las.
#N A#EG -C T5E C-RE8-#N8, C-ME6EC Case No. .PP 9MP: No. +?%++' is hereb"
remanded to the C-ME6EC for the reception of further evidence, to determine the
$uestion on hether petitioner Ell" Aele@ 6ao Pamatong is a nuisance candidate as
contemplated in .ection ;) of the -mnibus Election Code.
The C-ME6EC is directed to hold and complete the reception of evidence and report its
findings to this Court ith deliberate dispatch.
.- -R4ERE4.
avide, Jr., #uno, $itug
2
, #anganiban, 'uisumbing, 3nares45antiago, 5andoval4
6utierre&, Carpio, Austria4"artine&, Corona, Carpio4"orales, Calle7o, 5r., and A&cuna,
JJ., concur.
*oot"ote+
P
-n -fficial 6eave.
'
.ec. ,;. The .tate shall guarantee e$ual access to opportunities for public service,
and prohibit political d"nasties as ma" be defined b" la.
,
5ee Basco v. PA8C-R, 8.R. No. )';?), Ma" '?, '))', ')1 .CRA 0,, ;(H
Milosba"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 ')(1
Constitution, is usuall" not self%e!ecuting.D Manila Prince 5otel v. 8.#., 8.R. No.
',,'0;, * Cebruar" '))1, ,;1 .CRA ?+(, ?*'. DAccordingl", Ethe 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?.
*
5ee Milosba"an #nc. v. Morato, 8.R. No. ''()'+, '; November '))0, ,0+ .CRA
'*+, '*(. Manila Prince 5otel v. 8.#., supra note , at ?*;.
?
Milosba"an, #nc. v. Morato, supra note ,.
0
DA searching in$uir" should be made to find out if the provision is intended as a
present enactment, complete in itself as a definitive la, or if it needs future
legislation for completion and enforcement. The in$uir" demands a micro%anal"sis
and the conte!t of the provision in $uestion.D J. Puno, dissenting, Manila Prince
5otel v. 8.#., supra note ,.
;
&. Bernas, The #ntent of the ')(; Constitution Griters 9'))0:, p. '?(.
1
#A Records of Proceedings and 4ebates, ')(; Constitutional Commission )?0.
(
5ee &. Celiciano, concurring, -posa v. Cactoran, &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 the
election process in moc<er" or disrepute or to cause confusion among the voters b"
the similarit" of the names of the registered candidates or b" other circumstances or
acts hich clearl" demonstrate that the candidate has no bona fide intention to run
for the office for hich the certificate of candidac" has been filed and thus prevent a
faithful determination of the true ill of the electorate.
'+
.EC. ;. "otu #roprio Cases. B The Commission ma", at an" time before the
election, motu proprio refuse to give due course to or cancel a certificate of
candidac" of an" candidate for the positions of President, Aice%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 of
candidac" to put the election process in moc<er" or disreputeH
c. Candidates hose certificate of candidac" could cause confusion among
the voters b" the similarit" of names and surnames ith other candidatesH
and
d. Candidates ho have no bona fide intention to run for the office for
hich the certificate of candidac" had been filed or acts that clearl"
demonstrate the lac< of such bona fide intention, such as7
d.' Candidates ho do not belong to or are not nominated b" an"
registered political part" of national constituenc"H
d., Presidential, Aice%Presidential Ecandi%datesF ho do not present
running mates for vice%president, respectivel", nor senatorial candidatesH
d.* Candidates ho do not have a platform of government and are not
capable of aging a nationide campaign.
''
&enness v. Cortson, ?+* 2... ?*' 9')1':.
',
Rollo, pp. ?;).
'*
5ee .ection '1(, -mnibus Election Code, as amended.
'?
5ee .ection ,*), -mnibus Election Code, as amended.
'0
5ee Article =#, -mnibus Election Code, as amended.
';
5ee .ection ,9':, Article #=, Constitution.
'1
.anche@ v. C-ME6EC, ')) Phil. ;'1 9')(1:, citing Cauton v. C-ME6EC, 6%
,0?;1, ,1 April ');1, ') .CRA )''.
'(
5ee .ection ), Article #=, Constitution.
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. 15451& No9ember 1&, &))&
.ICTORINO $ENNIS M. SOCRATES, M!3or o2 P4erto Pr,"6e+! C,t3, petitioner,
vs.
T0E COMMISSION ON EECTIONS, T0E PREPARATOR/ RECA
ASSEMB/ >PRA? o2 P4erto Pr,"6e+! C,t3, PRA I"ter,m C7!,rm!" P4"o"8 B83.
MAR@ $A.I$ 0AGE$ORN, PRA I"ter,m Se6ret!r3 P4"o"8 B83. BENJAMIN
JARIA, PRA C7!,rm!" !"# Pre+,#,"8 O22,6er P4"o"8 B83. EAR S.
BUEN.IAJE !"# PRA Se6ret!r3 P4"o"8 B83. CAROS ABAA, JR. respondents.
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
G.R. No. 154'83 No9ember 1&, &))&
.ICENTE S. SAN$O.A, JR., petitioner,
vs.
T0E COMMISSION ON EECTIONS, respondent.
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
G.R. No+. 155)83A84 No9ember 1&, &))&
MA. *ORES P. A$O.O, MERC/ E. GIO !"# BIEN.ENI$O OA.E, SR.,
petitioners,
vs.
T0E COMMISSION ON EECTIONS, !"# E$BAR$ S. 0AGE$ORN,
respondents.
4 E C # . # - N
CARPIO, J.:
The Case
Before us are consolidated petitions for certiorari
'
see<ing the reversal of the resolutions
issued b" the Commission on Elections 9DC-ME6ECD for brevit": in relation to the
recall election for ma"or of Puerto Princesa Cit", Palaan.
The Antecedents
-n &ul" ,, ,++,, *', out of 0,( members of the then incumbent baranga" officials of the
Puerto Princesa convened themselves into a Preparator" Recall Assembl" 9DPRAD for
brevit": at the 8"mnasium of Baranga" .an &ose from )7++ a.m. to ',7++ noon. The PRA
as convened to initiate the recall
,
of Aictorino 4ennis M. .ocrates 9D.ocratesD for
brevit": ho assumed office as Puerto Princesa3s ma"or on &une *+, ,++'. The members
of the PRA designated Mar< 4avid M. 5agedorn, president of the Association of
Baranga" Captains, as interim chair of the PRA.
-n the same date, the PRA passed Resolution No. +'%+, 9DRecall ResolutionD for brevit":
hich declared its loss of confidence in .ocrates and called for his recall. The PRA
re$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<eted as E.M. No.
+,%+'+ 9RC:, to nullif" and den" due course to the Recall Resolution.
-n August '?, ,++,, the C-ME6EC en banc
*
promulgated a resolution dismissing for
lac< of merit .ocrates3 petition. The C-ME6EC gave due course to the Recall Resolution
and scheduled the recall election on .eptember 1, ,++,.
-n August ,', ,++,, the C-ME6EC en banc promulgated Resolution No. 0;1*
prescribing the calendar of activities and periods of certain prohibited acts in connection
ith the recall election. The C-ME6EC fi!ed the campaign period from August ,1, ,++,
to .eptember 0, ,++, or a period of '+ da"s.
-n August ,*, ,++,, Edard M. 5agedorn 9D5agedornD for brevit": filed his certificate
of candidac" for ma"or in the recall election.
-n August '1, ,++,, Ma. Clores C. Adovo 9DAdovoD for brevit": and Merl" E. 8ilo
9D8iloD for brevit": filed a petition before the C-ME6EC, doc<eted as .PA No. +,%?),,
to dis$ualif" 5agedorn from running in the recall election and to cancel his certificate of
candidac". -n August *+, ,++,, a certain Bienvenido -llave, .r. 9D-llaveD for brevit":
filed a petition%in%intervention in .PA No. +,%?), also see<ing to dis$ualif" 5agedorn.
-n the same date, a certain 8enaro A. Manaa" filed another petition, doc<eted as .PA
No. +,%0*), against 5agedorn alleging substantiall" the same facts and involving the
same issues. The petitions ere all anchored on the ground that D5agedorn is dis$ualified
from running for a fourth consecutive term, having been elected and having served as
ma"or of the cit" for three 9*: consecutive full terms immediatel" prior to the instant
recall election for the same post.D .ubse$uentl", .PA Nos. +,%?), and +,%0*) ere
consolidated.
#n a resolution promulgated on .eptember ,+, ,++,, the C-ME6EC3s Cirst 4ivision
?
dismissed for lac< of merit .PA Nos. +,%?), and +,%0*). The C-ME6EC declared
5agedorn $ualified to run in the recall election. The C-ME6EC also reset the recall
election from .eptember 1, ,++, to .eptember ,?, ,++,.
-n .eptember ,*, ,++,, the C-ME6EC en banc promulgated a resolution den"ing the
motion for reconsideration of Adovo and 8ilo. The C-ME6EC affirmed the resolution
declaring 5agedorn $ualified to run in the recall election.
5ence, the instant consolidated petitions.
G.R. No. 154512
Petitioner .ocrates see<s to nullif" the C-ME6EC en banc resolution dated August '?,
,++, in E.M. No. +,%+'+ 9RC: hich gave due course to the Recall Resolution and
scheduled the recall election on .eptember 1, ,++,.
.ocrates alleges that the C-ME6EC gravel" abused its discretion in upholding the Recall
Resolution. .ocrates cites the folloing circumstances as legal infirmities attending the
convening of the PRA and its issuance of the Recall Resolution7 9': not all members of
the PRA ere notified of the meeting to adopt the resolutionH 9,: the proof of service of
notice as palpabl" and legall" deficientH 9*: the members of the PRA ere themselves
see<ing a ne electoral mandate from their respective constituentsH 9?: the adoption of
the resolution as e!ercised ith grave abuse of authorit"H and 90: the PRA proceedings
ere conducted in a manner that violated his and the public3s constitutional right to
information.
G.R. No. 154683
Petitioner Aicente .. .andoval, &r. see<s to annul C-ME6EC Resolution No. 0;1* dated
August ,', ,++, insofar as it fi!ed the recall election on .eptember 1, ,++,, giving the
candidates onl" a ten%da" campaign period. 5e pra"ed that the C-ME6EC be en/oined
from holding the recall election on .eptember 1, ,++, and that a ne date be fi!ed giving
the candidates at least an additional '0 da"s to campaign.
#n a resolution dated .eptember *, ,++,, the Court en banc en/oined the C-ME6EC from
implementing Resolution No. 0;1* insofar as it fi!ed the date of the recall election on
.eptember 1, ,++,. The Court directed the C-ME6EC to give the candidates an
additional fifteen '0 da"s from .eptember 1, ,++, ithin hich to campaign.
Accordingl", on .eptember ), ,++,, the C-ME6EC en banc issued Resolution No. 01+(
giving the candidates an additional '0 da"s from .eptember 1, ,++, ithin hich to
campaign. Thus, the C-ME6EC reset the recall election to .eptember ,?, ,++,.
G.R. Nos. 155083-84
Petitioners Adovo, 8ilo and -llave assail the C-ME6EC3s resolutions dated .eptember
,+, ,++, and .eptember ,*, ,++, in .PA Nos. +,%?), and +,%0*) declaring 5agedorn
$ualified to run for ma"or in the recall election. The" li<eise pra"ed for the issuance of
a temporar" restraining order to en/oin the proclamation of the inning candidate in the
recall election.
Petitioners argue that the C-ME6EC gravel" abused its discretion in upholding
5agedorn3s $ualification to run for ma"or in the recall election despite the constitutional
and statutor" prohibitions against a fourth consecutive term for elective local officials.
#n a resolution dated .eptember ,?, ,++,, the Court ordered the C-ME6EC to desist
from proclaiming an" inning candidate in the recall election until further orders from
the Court. Petitioners ere re$uired to post a P,+,+++ bond.
-n .eptember ,1, ,++,, .ocrates filed a motion for leave to file an attached petition for
intervention see<ing the same reliefs as those sought b" Adovo, 8ilo and -llave.
#n the meantime, 5agedorn garnered the highest number of votes in the recall election
ith ,+,,*( votes. Rival candidates .ocrates and .andoval obtained '1,,,+ votes and
'*,,?' votes, respectivel".
5agedorn filed motions to lift the order restraining the C-ME6EC from proclaiming the
inning candidate and to allo him to assume office to give effect to the ill of the
electorate.
-n -ctober ', ,++,, the Court granted .ocrates3 motion for leave to file a petition for
intervention.
The #ssues
The issues for resolution of the Court are7
'. #n 8.R. No. '0?0',, hether the C-ME6EC committed grave abuse of discretion
in giving due course to the Recall Resolution and scheduling the recall election for
ma"or of Puerto Princesa.
,. #n 8.R. Nos.'00+(*%(?, hether 5agedorn is $ualified to run for ma"or in the
recall election of Puerto Princesa on .eptember ,?, ,++,.
#n 8.R. No. '0?;(*, the issue of hether the C-ME6EC committed grave abuse of
discretion in fi!ing a campaign period of onl" '+ da"s has become moot. -ur Resolution
of .eptember *, ,++, and C-ME6EC Resolution No. 01+( granted an additional '0 da"s
for the campaign period as pra"ed for b" petitioner.
0irst (ssue9 $alidit) of the !ecall !esolution.
Petitioner .ocrates argues that the C-ME6EC committed grave abuse of discretion in
upholding the Recall Resolution despite the absence of notice to '*+ PRA members and
the defective service of notice to other PRA members. The C-ME6EC, hoever, found
that O
D-n various dates, in the month of &une ,++,, the proponents for the Recall of incumbent
Cit" Ma"or Aictorino 4ennis M. .ocrates sent notices of the convening of the PRA to the
members thereof pursuant to .ection 1+ of the 6ocal 8overnment Code. Copies of the
said notice are in Aolumes # and ## entitled Notices to PRA. 6i<eise, Proof of .ervice
for each of the said notices ere attached to the Petition and mar<ed as Anne! D8D of
Aolumes ## and ### of the Petition.
Notices ere li<eise posted in conspicuous places particularl" at the Baranga" 5all.
Photos establishing the same ere attached to the Petition and mar<ed as Anne! D5D. The
proponents li<eise utili@ed the broadcast mass media in the dissemination of the
convening of the PRA.
Notices of the convening of the Puerto Princesa PRA ere also sent to the folloing7 Ea
list of ,0 names of provincial elective officials, print and broadcast media practitioners,
PNP officials, C-ME6EC cit", regional and national officials, and 4#68 officialsF.
! ! !
The Cit" Election -fficer of Puerto Princesa Cit" in her Certification dated '+ &ul" ,++,
certified that upon a 3thorough and careful verification of the signatures appearing in PRA
Resolution +'%+,, ! ! ! the ma/orit" of all members of the PRA concerned approved said
resolution.3 .he li<eise certified 3that not a single memberNsignator" of the PRA
complained or ob/ected as to the veracit" and authenticit" of their signatures.3
The Provincial Election .upervisor of Palaan, Att". 2rbano Arlando, in his #ndorsement
dated '+ &ul" ,++,, stated, 3upon proper revie, all documents submitted are found in
order.3
The Acting 4irector #A, Region #A, in his stud" dated *+ &ul" ,++, submitted the
folloing recommendations7
3This -ffice, after evaluating the documents filed, finds the instant Petition sufficient in
form and substance. That the PRA as validl" constituted and that the ma/orit" of all
members thereof approved Resolution No. +'%+, calling for the recall of Ma"or Aictorino
4ennis M. .ocrates.3
! ! ! .D
This Court is bound b" the findings of fact of the C-ME6EC on matters ithin the
competence and e!pertise of the C-ME6EC, unless the findings are patentl" erroneous.
#n Malon@o v. C-ME6EC,
0
hich also dealt ith alleged defective service of notice to
PRA members, e ruled that O
DNeedless to state, the issue of propriet" of the notices sent to the PRA members is
factual in nature, and the determination of the same is therefore a function of the
C-ME6EC. #n the absence of patent error, or serious inconsistencies in the findings, the
Court should not disturb the same. The factual findings of the C-ME6EC, based on its
on assessments and dul" supported b" gathered evidence, are conclusive upon the court,
more so, in the absence of a substantiated attac< on the validit" of the same.D
#n the instant case, e do not find an" valid reason to hold that the C-ME6EC3s findings
of fact are patentl" erroneous.
.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<ing a ne
electoral mandate in the baranga" elections scheduled on &ul" '0, ,++,. This argument
deserves scant consideration considering that hen the PRA members adopted the Recall
Resolution their terms of office had not "et e!pired. The" ere all de /ure sangguniang
baranga" members ith no legal dis$ualification to participate in the recall assembl"
under .ection 1+ of the 6ocal 8overnment Code.
.ocrates beails that the manner private respondents conducted the PRA proceedings
violated his constitutional right to information on matters of public concern. .ocrates,
hoever, admits receiving notice of the PRA meeting and of even sending his
representative and counsel ho ere present during the entire PRA proceedings.
Proponents of the recall election submitted to the C-ME6EC the Recall Resolution,
minutes of the PRA proceedings, the /ournal of the PRA assembl", attendance sheets,
notices sent to PRA members, and authenticated master list of baranga" officials in
Puerto Princesa. .ocrates had the right to e!amine and cop" all these public records in the
official custod" of the C-ME6EC. .ocrates, hoever, does not claim that the
C-ME6EC denied him this right. There is no legal basis in .ocrates3 claim that
respondents violated his constitutional right to information on matters of public concern.
Thus, e rule that the C-ME6EC did not commit grave abuse of discretion in upholding
the validit" of the Recall Resolution and in scheduling the recall election on .eptember
,?, ,++,.
.econd #ssue7 5agedorn3s $ualification to run for ma"or
in the recall election of .eptember ,?, ,++,.
The three%term limit rule for elective local officials is found in .ection (, Article = of the
Constitution, hich states7
D.ection (. The term of office of elective local officials, e!cept baranga" officials, hich
shall be determined b" la, shall be three "ears and no such official shall serve for more
than three consecutive terms. Aoluntar" renunciation of the office for an" length of time
shall not be considered as an interruption in the continuit" of his service for the full term
for hich he as elected.D
This three%term limit rule is reiterated in .ection ?* 9b: of RA No. 1';+, otherise <non
as the 6ocal 8overnment Code, hich provides7
D.ection ?*. Term of -ffice. O 9a: ! ! !
9b: No local elective official shall serve for more than three 9*: consecutive terms in
the same position. Aoluntar" renunciation of the office for an" length of time shall
not be considered as an interruption in the continuit" of service for the full term for
hich the elective official as elected.D
These constitutional and statutor" provisions have to parts. The first part provides that
an elective local official cannot serve for more than three consecutive terms. The clear
intent is that onl" consecutive terms count in determining the three%term limit rule. The
second part states that voluntar" renunciation of office for an" length of time does not
interrupt the continuit" of service. The clear intent is that involuntar" severance from
office for an" length of time interrupts continuit" of service and prevents the service
before and after the interruption from being /oined together to form a continuous service
or consecutive terms.
After three consecutive terms, an elective local official cannot see< immediate reelection
for a fourth term. The prohibited election refers to the ne!t regular election for the same
office folloing the end of the third consecutive term. An" subse$uent election, li<e a
recall election, is no longer covered b" the prohibition for to reasons. Cirst, a
subse$uent election li<e a recall election is no longer an immediate reelection after three
consecutive terms. .econd, the intervening period constitutes an involuntar" interruption
in the continuit" of service.
Ghen the framers of the Constitution debated on the term limit of elective local officials,
the $uestion as<ed as hether there ould be no further election after three terms, or
hether there ould be Dno immediate reelectionD after three terms. This is clear from the
folloing deliberations of the Constitutional Commission7
DT5E PRE.#4ENT7 The Acting Cloor 6eader is recogni@ed.
MR. R-M26-7
;
Ge are no read" to discuss the to issues, as indicated on the
blac<board, and these are Alternative No. # here there is no further election after a
total of three terms and Alternative No. , here there is no immediate reelection
after three successive terms.D
1
The &ournal of the Constitutional Commission reports the folloing manifestation on the
term of elective local officials7
DMAN#CE.TAT#-N -C 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 ':
Alternative No. ' 9no further reelection after a total of three terms:, and ,: Alternative
No. , 9no immediate reelection after three successive terms:.D
(
The framers of the Constitution used the same Dno immediate reelectionD $uestion in
voting for the term limits of .enators
)
and Representatives of the 5ouse.
'+
Clearl", hat the Constitution prohibits is an immediate reelection for a fourth term
folloing three consecutive terms. The Constitution, hoever, does not prohibit a
subse$uent reelection for a fourth term as long as the reelection is not immediatel" after
the end of the third consecutive term. A recall election mid%a" in the term folloing the
third consecutive term is a subse$uent election but not an immediate reelection after the
third term.
Neither does the Constitution prohibit one barred from see<ing immediate reelection to
run in an" other subse$uent election involving the same term of office. Ghat the
Constitution prohibits is a consecutive fourth term. The debates in the Constitutional
Commission evidentl" sho that the prohibited election referred to b" the framers of the
Constitution is the immediate reelection after the third term, not an" other subse$uent
election.
#f the prohibition on elective local officials is applied to an" election ithin the three%"ear
full term folloing the three%term limit, then .enators should also be prohibited from
running in an" election ithin the si!%"ear full term folloing their to%term limit. The
constitutional provision on the term limit of .enators is orded e!actl" li<e the term limit
of elective local officials, thus7
DNo .enator shall serve for more than to consecutive terms. Aoluntar" 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
''
#n the debates on the term limit of .enators, the folloing e!change in the Constitutional
Convention is instructive7
D8A.C-N7
',
# ould li<e to as< a $uestion ith regard to the issue after the second
term. Ge ill allo the .enator to rest for a period of time before he can run againJ
4AA#4E7
'*
That is correct.
8A.C-N7 And the $uestion that e left behind before % if the 8entleman ill
remember % as7 5o long ill that period of rest beJ Gill it be one election hich
is three "ears or one term hich is si! "earsJ
4AA#4E7 #f the 8entleman ill remember, Commissioner Rodrigo e!pressed the
vie that during the election folloing the e!piration of the first ', "ears, hether
such election ill be on the third or on the si!th "ear thereafter, this particular
member of the .enate can run. .o, it is not reall" a period of hibernation for si!
"ears. That as the Committee3s stand.
8A.C-N7 .o, effectivel", the period of rest ould be three "ears at the least.D
'?
9Emphasis supplied:
The framers of the Constitution thus clarified that a .enator can run after onl" three
"ears
'0
folloing his completion of to terms. The framers e!pressl" ac<noledged that
the prohibited election refers onl" to the immediate reelection, and not to an" subse$uent
election, during the si!%"ear period folloing the to term limit. The framers of the
Constitution did not intend Dthe period of restD of an elective official ho has reached his
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<ing referred to
the regular elections in ,++'. 5agedorn did not see< reelection in the ,++' elections.
5agedorn as elected for three consecutive terms in the ')),, '))0 and '))( elections
and served in full his three consecutive terms as ma"or of Puerto Princesa. 2nder the
Constitution and the 6ocal 8overnment Code, 5agedorn could no longer run for ma"or
in the ,++' elections. The Constitution and the 6ocal 8overnment Code dis$ualified
5agedorn, ho had reached the ma!imum three%term limit, from running for a fourth
consecutive term as ma"or. Thus, 5agedorn did not run for ma"or in the ,++' elections.
';
.ocrates ran and on as ma"or of Puerto Princesa in the ,++' elections. After 5agedorn
ceased to be ma"or on &une *+, ,++', he became a private citi@en until the recall election
of .eptember ,?, ,++, hen he on b" *,+'( votes over his closest opponent, .ocrates.
Crom &une *+, ,++' until the recall election on .eptember ,?, ,++,, the ma"or of Puerto
Princesa as .ocrates. 4uring the same period, 5agedorn as simpl" a private citi@en.
This period is clearl" an interruption in the continuit" of 5agedorn3s service as ma"or, not
because of his voluntar" renunciation, but because of a legal prohibition. 5agedorn3s
three consecutive terms ended on &une *+, ,++'. 5agedorn3s ne recall term from
.eptember ,?, ,++, to &une *+, ,++? is not a seamless continuation of his previous three
consecutive terms as ma"or. -ne cannot stitch together 5agedorn3s previous three%terms
ith his ne recall term to ma<e the recall term a fourth consecutive term because
factuall" it is not. An involuntar" interruption occurred from &une *+, ,++' to .eptember
,?, ,++, hich bro<e the continuit" or consecutive character of 5agedorn3s service as
ma"or.
#n 6on@anida v. Comelec,
'1
the Court had occasion to e!plain interruption of continuit" of
service in this manner7
D! ! ! The second sentence of the constitutional provision under scrutin" states,
DAoluntar" renunciation of office for an" length of time shall not be considered as an
interruption in the continuit" of service for the full term for hich he as elected.D The
clear intent of the framers of the constitution to bar an" attempt to circumvent the three%
term limit b" a voluntar" renunciation of office and at the same time respect the people3s
choice and grant their elected official full service of a term is evident in this provision.
Aoluntar" renunciation of a term does not cancel the renounced term in the computation
of the three%term limitH conversel", involuntar" severance from office for an" length of
time short of the full term provided b" la amounts to an interruption of continuit" of
service. ! ! !.D 9Emphasis supplied:
#n 5agedorn3s case, the nearl" '0%month period he as out of office, although short of a
full term of three "ears, constituted an interruption in the continuit" of his service as
ma"or. The Constitution does not re$uire the interruption or hiatus to be a full term of
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 the
rule that an interruption consisting of a portion of a term of office brea<s the continuit" of
service of an elective local official. #n Adormeo, Ramon I. Talaga, &r. had served to
consecutive full terms as ma"or of 6ucena Cit". #n his third bid for election as ma"or in
'))(, Talaga lost to Bernard 8. Tagarao. 5oever, in the recall election of Ma" ',, ,+++,
Talaga on and served the une!pired term of Tagarao from Ma" ',, ,+++ to &une *+,
,++'. Ghen Talaga ran again for ma"or in the ,++' elections, Ra"mundo Adormeo, the
other candidate for ma"or, petitioned for Talaga3s dis$ualification on the ground that
Talaga had alread" served three consecutive terms as ma"or.
Thus, the issue in Adormeo as hether Talaga3s recall term as a continuation of his
previous to terms so that he as deemed to have alread" served three consecutive terms
as ma"or. The Court ruled that Talaga as $ualified to run in the ,++' elections, stating
that the period from &une *+, '))( to Ma" ',, ,+++ hen Talaga as out of office
interrupted the continuit" of his service as ma"or. Talaga3s recall term as ma"or as not
consecutive to his previous to terms because of this interruption, there having been a
brea< of almost to "ears during hich time Tagarao as the ma"or.
Ge held in A#ormeo that the period an elective local official is out of office interrupts
the continuit" of his service and prevents his recall term from being stitched together as a
seamless continuation of his previous to consecutive terms. #n the instant case, e
li<eise hold that the nearl" '0 months 5agedorn as out of office interrupted his
continuit" of service and prevents his recall term from being stitched together as a
seamless continuation of his previous three consecutive terms. The onl" difference
beteen Adormeo and the instant case is the time of the interruption. #n Adormeo, the
interruption occurred after the first to consecutive terms. #n the instant case, the
interruption happened after the first three consecutive terms. #n both cases, the
respondents ere see<ing election for a fourth term.
#n Adormeo, the recall term of Talaga began onl" from the date he assumed office after
inning the recall election. Talaga3s recall term did not retroact to include the tenure in
office of his predecessor. #f Talaga3s recall term as made to so retroact, then he ould
have been dis$ualified to run in the ,++' elections because he ould alread" have served
three consecutive terms prior to the ,++' elections. -ne ho ins and serves a recall
term does not serve the full term of his predecessor but onl" the une!pired term. The
period of time prior to the recall term, hen another elective official holds office,
constitutes an interruption in continuit" of service. Clearl", Adormeo established the rule
that the inner in the recall election cannot be charged or credited ith the full term of
three "ears for purposes of counting the consecutiveness of an elective official3s terms in
office.
#n the same manner, 5agedorn3s recall term does not retroact to include the tenure in
office of .ocrates. 5agedorn can onl" be dis$ualified to run in the .eptember ,?, ,++,
recall election if the recall term is made to retroact to &une *+, ,++', for onl" then can the
recall term constitute a fourth consecutive term. But to consider 5agedorn3s recall term as
a full term of three "ears, retroacting to &une *+, ,++', despite the fact that he on his
recall term onl" last .eptember ,?, ,++,, is to ignore realit". This Court cannot declare as
consecutive or successive terms of office hich historicall" and factuall" are not.
Gorse, to ma<e 5agedorn3s recall term retroact to &une *+, ,++' creates a legal fiction
that undul" curtails the freedom of the people to choose their leaders through popular
elections. The concept of term limits is in derogation of the sovereign ill of the people
to elect the leaders of their on choosing. Term limits must be construed strictl" to give
the fullest possible effect to the sovereign ill of the people. As this Court aptl" stated in
Bor/a, &r. v. Comelec7
DThus, a consideration of the historical bac<ground of Art. =, >( of the Constitution
reveals that the members of the Constitutional Commission ere as much concerned ith
preserving the freedom of choice of the people as the" ere ith preventing the
monopoli@ation of political poer. #ndeed, the" re/ected a proposal put forth b"
Commissioner Edmundo C. 8arcia that after serving three consecutive terms or nine "ears
there should be no further reelection for local and legislative officials. #nstead, the"
adopted the alternative proposal of Commissioner Christian Monsod that such officials be
simpl" barred from running for the same position in the succeeding election folloing the
e!piration of the third consecutive term. Monsod arned against 3prescreening candidates
EfromF hom the people ill choose3 as a result of the proposed absolute dis$ualification,
considering that the draft constitution contained provisions 3recogni@ing people3s
poer.3D
')
9Emphasis supplied:
A necessar" conse$uence of the interruption of continuit" of service is the start of a ne
term folloing the interruption. An official elected in recall election serves the une!pired
term of the recalled official. This une!pired term is in itself one term for purposes of
counting the three%term limit. This is clear from the folloing discussion in the
Constitutional Commission7
D.2AREQ7
,+
Cor e!ample, a special election is called for a .enator, and the .enator
nel" elected ould have to serve the une!pired portion of the term. Gould that mean
that serving the une!pired portion of the term is alread" considered one termJ .o, half a
term, hich is actuall" the correct statement, plus one term ould dis$ualif" the .enator
concerned from runningJ #s that the meaning of this provision on dis$ualification,
Madam PresidentJ
4AA#4E7 Ies, because e spea< of 3term,3 and if there is a special election, he ill serve
onl" for the une!pired portion of that particular term plus one more term for the .enator
and to more terms for the Members of the 6oer 5ouse.D
,'
Although the discussion referred to special elections for .enators and Representatives of
the 5ouse, the same principle applies to a recall election of local officials. -therise, an
elective local official ho serves a recall term can serve for more than nine consecutive
"ears comprising of the recall term plus the regular three full terms. A local official ho
serves a recall term should <no that the recall term is in itself one term although less
than three "ears. This is the inherent limitation he ta<es b" running and inning in the
recall election.
#n summar", e hold that 5agedorn is $ualified to run in the .eptember ,?, ,++, recall
election for ma"or of Puerto Princesa because7
'. 5agedorn is not running for immediate reelection folloing his three consecutive
terms as ma"or hich ended on &une *+, ,++'H
,. 5agedorn3s continuit" of service as ma"or as involuntaril" interrupted from &une
*+, ,++' to .eptember ,?, ,++, during hich time he as a private citi@enH
*. 5agedorn3s recall term from .eptember ,?, ,++, to &une *+, ,++? cannot be made
to retroact to &une *+, ,++' to ma<e a fourth consecutive term because factuall" the
recall term is not a fourth consecutive termH and
?. Term limits should be construed strictl" to give the fullest possible effect to the
right of the electorate to choose their leaders.
B0ERE*ORE, the petitions in 8.R. Nos. '0?0',, '0?;(* and '00+(*%(? are
4#.M#..E4. The temporar" restraining order issued b" this Court on .eptember ,?,
,++, en/oining the proclamation of the inning candidate for ma"or of Puerto Princesa in
the recall election of .eptember ,?, ,++, is lifted. No costs.
.- -R4ERE4.
Bellosillo, #anganiban, 'uisumbing, 3nares45antiago, 5andoval46utierre&, Carpio4
"orales, and Calle7o, 5r., JJ., concur.
avide, Jr., C.J., see concurring and dissenting opinion.
#uno, J., see concurring opinion.
$itug, J., in the result.
"endo&a, J., in the result, without to the filing of separate opinion.
Austria4"artine&, J., on leave.
Corona, J., no part 4 prior consultation.
A&cuna, J., 7oins the separate opinion of C.J. avide.
CONCURRING AN$ $ISSENTING OPINION
$A.I$E, JR., C.J.:
# concur ith the opinion and conclusion of Mr. &ustice Antonio T. Carpio in 8.R. No.
'0?0', and 8.R. No. '0?;(*. The Commission on Elections 9C-ME6EC: committed no
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 '++, ',' E'))*F: that
the 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 recall
election on 1 .eptember ,++,, and the subse$uent Resolution of the C-ME6EC giving
the candidates an additional campaign period of fifteen da"s from 1 .eptember ,++,
rendered moot and academic the principal issue in 8.R. No. '0?;(*. The dismissal of the
petition therein is also in order.
5oever, # regret # cannot concur ith the argument and conclusion relative to 8.R. Nos.
'00+(*%(?. # respectfull" submit that private respondent Edard .. 5agedorn is
dis$ualified from running for the position of Ma"or of Puerto Princesa Cit" in the recall
election in $uestion.
.ection ( of Article = of the Constitution e!pressl" provides7
.EC. (. The term of office of elective local officials, e!cept baranga" officials, hich
shall be determined b" la, shall be three "ears and no such official shall serve for
more than three consecutive terms. Aoluntar" renunciation of the office for an"
length of time shall not be considered as an #nterruption #n the continuit" of his
service for the full term for hich he as elected.
Paragraph 9b:, .ection ?* of R.A. No. 1';+ 9The 6ocal 8overnment Code: restates
this constitutional restriction, thus7 .EC. ?*. Term of office. O
R9b: No local elective official shall serve for more than three 9*: consecutive terms
in the same position. Aoluntar" renunciation of the office for an" length of time shall
not be considered as an interruption in the continuit" of service for the full term for
hich the elective official as elected.
.ection ( of Article = of the Constitution as not found in the Report of the
Committee on 6ocal 8overnments of the Constitutional Commission of ')(;. #t as
introduced at the plenar" session b" Commissioner 5ilario 8. 4avide, &r.
Commenting thereon in his boo< entitled DThe #ntent of ')(; Constitution GritersD
9'))0 ed., p. ;)):, Commissioner &oa$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 ithout
much 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.
Pursuant to the second paragraph of .ection ' of Article =A### 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 the
Constitution for elective local officials, as on '( &anuar" ')((. B" e!press
provision of .ection 0 of R.A. No. ;;*;, in relation to .ection , of Article =A### 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 6ocal
Elections 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 fifth
election, 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 in
Ma" ')), 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 ho
as 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. 5is
third term, b" virtue of his election in the Ma" '))( election, e!pired on *+ &une ,++'.
Therefore, he as constitutionall" and statutoril" barred from see<ing reelection #n the
Ma" ,++' election, hich ould have been his fourth term.
The term of office covered b" the Ma" ,++' election is up to *+ &une ,++?. .ection ( of
Article = of the Constitution and .ection ?*9b: of R.A. No. 1';+ are clear in hat is
prohibited, hich is the fourth term. Nothing can be clearer from the ordings thereof7
Dthe term of office of elective local officials ... shall be three "ears and no such official
shall serve for more that three consecutive terms.D #n short, an elective local official ho
has served three consecutive terms, li<e 5agedorn, is dis$ualified from see<ing re%
election for the succeeding fourth term. The provision bars the holding of four
consecutive terms.
The ponencia is then correct hen it holds that the three%term limit bars an immediate
reelection for a fourth term. But # disagree hen it rules that in the case of 5agedorn he
did not see< an immediate reelection for a fourth term because he as not a candidate for
reelection in the Ma" ,++' election. #t forgets that hat ould have been his fourth term
b" virtue of the Ma" ,++' election as for the period from *+ &une ,++' to *+ &une ,++?.
The fla in the ruling results from an apparent confusion beteen term and election, the
root cause of hich is the attempt to distinguish Dvoluntar" renunciationD of office from
Dinvoluntar" severanceD from office and the term of office to hich it relates.
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 Romulo
as entered in the &ournal of the Constitutional Commission, thus7
MAN#CE.TAT#-N -C 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 term
of 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 Aolume To, pages ,*(%,?0
of 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 the
term 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 Cloor 6eader or of the
Chairman of the Committee on the 6egislativeJ
MR. R-4R#8-. # onder if the to proponents, Madam President, ill agree that
e first tal< about the term of office of the Representatives because e are no
discussing the legislative department.
MR. 4AA#4E. Madam President.
T5E PRE.#4ENT. Commissioner 4avide is recogni@ed.
MR. 4AA#4E. # ill agree reall" that this matter should relate onl" to the term of
office 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
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 the
conte!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 Aice%President, the Members of Congress
and 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 Cloor 6eader sa" to this particular $uestion
of Commissioner -pleJ
MR. R-M26-. #n a a", Madam President, e have settled the s"nchroni@ation
tas<, because e have decided on the officials3 absolute terms. All e are reall"
tal<ing about no is hether or not the" are eligible for reelection, and # thin< those
are separable issues.
MR. -P6E. #f the" are separable, and e have alread" settled the s"nchroni@ation
tas<, then # thin< that is something to be than<ful about. But considering the
immediate business at hand, is it the ish of the Acting Cloor 6eader that the election
of the local officials should be eliminated from the consideration of those to
choicesJ
MR. R-M26-. Ies. # thin< the sense of the bod" no is to limit this choice to the
Members of the 5ouse of Representatives.
MR. -P6E. And do the manifestations of both Commissioners 8arcia and Monsod
still stand after the elimination of the election of the local officialsJ
MR. R-M26-. Ies, # thin< so.
R
T5E PRE.#4ENT. Commissioner 4avide is recogni@ed.
MR. 4AA#4E. Madam President, as orded, #t is a personal dis$ualification.
MR. R-M26-. Ge are no read" to vote, Madam President.
.2.PEN.#-N -C .E..#-N
T5E PRE.#4ENT. Ge are no read" to vote b" ballot. 6et us distribute the ballots.
An"a" the voting ould ta<e onl" about '+ minutes.
The session is suspended.
#t as *7?+ p.m.
At this /uncture, pieces of paper ere distributed, and the Commissioners rote
don their votes.
RE.2MPT#-N -C .E..#-N
At *70+ p.m., the session as resumed.
T5E PRE.#4ENT. The session is resumed.
MR. 8A.C-N. Madam President, ma" # have a clarification before e count the
ballots. The voting no is /ust for Representatives. Ge are not spea<ing of the term
of office of the .enators "et. #s that correctJ
T5E PRE.#4ENT. The term of office of the .enators as disposed of this morning.
This voting no is onl" for Representatives.
MR. 8A.C-N. # thin< the #ssue of hether the .enators could run again for election
after their to consecutive terms or ', "ears after a lapse of a period of time has not
"et been finali@ed.
T5E PRE.#4ENT. # beg the Commissioner3s pardon.
MR. 8A.C-N. #s this voting /ust for CongressmenJ
T5E PRE.#4ENT. Ies.
The .ecretar"%8eneral ill no please proceed to count the votes.
C-2NT#N8 -C BA66-T.
T5E .ECRETARI%8ENERA6. Madam President, e have here ?* ballots cast. Ge
ill no start the counting.
Alternative No. ' % no further election after a total of three terms7 NNNNN%NNNNN%NNNNN%NN
Alternative No. , % no immediate reelection after three successive
terms7 NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%N
T5E PRE.#4ENT. The results sho '1 votes for Alternative No. ' and ,; votes for
Alternative No. ,H Alternative No. , is approved.
Ghat does the Acting Cloor 6eader sa"J
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 e
voted for the term of office of the .enators, the" ould not be perpetuall"
dis$ualified.
T5E PRE.#4ENT. Crom the transcripts, it appears here that ith respect to .enators,
,, votes ent to .cheme No. ##H that is, ith one reelection. This is alread" a
ma/orit". .o, does the Acting Cloor 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 is
not ansered. # am tal<ing of the .enators.
T5E PRE.#4ENT. This morning, .cheme No. #, ithout reelection, has * votesH
.cheme No. ##, ith one reelection % ,, votesH .cheme No. ###, no limit on reelection
% '1 votes.
MR. RE8A6A4-. Madam President.
MR. R-4R#8-. Madam President.
T5E PRE.#4ENT. Ma" e first clarif" this from the .ecretar"%8eneralJ
MR. R-M26-. The $uestion is hether or not in voting for the term of si! "ears
ith one reelection, the .enator is perpetuall" dis$ualified, so that is a similar
$uestion to hat e had posed ith regard to the 5ouse of Representatives.
T5E PRE.#4ENT. #n other ords, after serving ith one reelection, hether or not
he is perpetuall" dis$ualified after serving ', "earsJ
MR. R-M26-. Ies, Madam President.
MR. R-4R#8-. Madam President.
T5E PRE.#4ENT. Ies, Commissioner Rodrigo is recogni@ed.
MR. R-4R#8-. -r, if after one reelection, he is perpetuall" dis$ualified or he can
hibernate % the ver" ord used % for si! "ears and then run again for reelection but
not consecutive, not immediate. #n other ords, he is entitled to one immediate
reelection.
REA. R#8-.. Another point, Madam President.
MR. R-4R#8-. And then, after that, if there is a gap, hen he is not a .enator, then
he can run for the same office.
REA. R#8-.. Madam President.
T5E PRE.#4ENT. Ies, Commissioner Rigos is recogni@ed.
REA. 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.
.2.PEN.#-N -C .E..#-N
T5E PRE.#4ENT. # ill suspend the session again so as to allo the parties to
compare ith the Acting Cloor 6eader so that e ill <no hat e are going to
vote on.
The session is suspended
#t as *70( p.m.
RE.2MPT#-N -C .E..#-N
At ?7+0 p.m., the session as resumed.
T5E PRE.#4ENT. The session is resumed.
The Acting Cloor 6eader is recogni@ed.
MR. R-M26-. 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 successive
terms.
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.#4ENT. Please distribute the ballots for this particular item for .enators.
Are e read" noJ
The .ecretar"%8eneral ill please count the ballots.
C-2NT#N8 -C BA66-T.
T5E .ECRETARI%8ENERA6. Ge have ?* ballots here, Madam President. Ge
shall no begin to count.
T5E PRE.#4ENT. Please proceed.
T5E .ECRETARI%8ENERA6, reading7
.cheme No. # % NNNNN%NNNNN%NN
.cheme No. ## % NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%NN
T5E PRE.#4ENT. The results sho ', votes for .cheme No. # and *, votes for
.cheme 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 officials
ithout immediate reelection as ta<en up b" the Constitutional Commission much
later or specificall" on '; August ')(;. -n this point, the pertinent portions of Aol.
Three, pages ?+;%?+(, Record of the Constitutional Commission, read as follos7
MR. RAMA. Madam President, # as< that Commissioner 4avide be recogni@ed.
T5E PRE.#4ENT. Commissioner 4avide is recogni@ed.
MR. 4AA#4E. Than< "ou, Madam President.
After .ection ?, # propose to #nsert a ne section to be denominated later as .ection 0. #t
provides as follos7 T5E TERM -C -CC#CE -C E6ECT#AE 6-CA6 -CC#C#A6.,
E=CEPT BARAN8AI -CC#C#A6., G5#C5 .5A66 BE 4ETERM#NE4 BI 6AG,
.5A66 BE T5REE IEAR. AN4 N- .2C5 -CC#C#A6 .5A66 .ERAE C-R M-RE
T5AN T5REE C-N.EC2T#AE TERM.. A-62NTARI REN2NC#AT#-N -C T5E
-CC#CE C-R ANI 6EN8T5 -C T#ME .5A66 N-T BE C-N.#4ERE4 A. AN
#NTERR2PT#-N #N T5E C-NT#N2#TI -C 5#. .ERA#CE C-R T5E C266 TERM
C-R G5#C5 5E GA. E6ECTE4. This is in accordance ith the mandate of the
Commission hen e voted on the terms of officials up to local officials, e!cluding the
term of baranga" officials hich as a ver" specific e!ception.
MR. N-66E4-. -ne clarificator" $uestion, Madam President. Ghat ill be the
term of the office of baranga" officials as provided forJ
MR. 4AA#4E. As ma" be determined b" la.
MR. N-66E4-. As provided for in the 6ocal 8overnment Code.
MR. 4AA#4E. Ies.
MR. N-66E4-. Ge accept the amendment. The Committee accepts the
amendment.
R
T5E PRE.#4ENT. Ma" e have the reaction of the CommitteeJ
MR. N-66E4-. The Committee accepts the amendment, as amended, Madam
President.
T5E PRE.#4ENT. #s there an" other commentJ
MR. -P6E. Madam President.
T5E PRE.#4ENT. Commissioner -ple is recogni@ed.3
MR. -P6E. Ma" e as< the Committee to read the proposed amendment no.
MR. N-66E4-. Ma" e as< Commissioner 4avide to read the ne section.
MR. 4AA#4E. T5E TERM -C -CC#CE -C E6ECT#AE 6-CA6 -CC#C#A6.,
E=CEPT BARAN8AI -CC#C#A6., G5#C5 .5A66 BE 4ETERM#NE4 BI
6AG, .5A66 BE T5REE IEAR. AN4 N .2C5 -CC#C#A6 .5A66 .ERAE C-R
M-RE T5AN T5REE C-N.EC2T#AE TERM.. A-62NTARI
REN2NC#AT#-N -C T5E -CC#CE C-R ANI 6EN8T5 -C T#ME .5A66 N-T
BE C-N.#4ERE4 A. AN #NTERR2PT#-N #N T5E C-NT#N2#TI -C 5#.
.ERA#CE C-R T5E C266 TERM C-R G5#C5 5E GA. E6ECTE4.
R
T5E PRE.#4ENT. Then let us vote first on the 4avide amendment.
#s there an" ob/ection to this ne section proposed b" Commissioner 4avide hich
has been read to the bod"J 9.ilence: The Chair hears noneH the proposed section is
approved.
# ish to add that the Constitutional Commission debates on the issue of Dno
immediate reelectionD after three consecutive terms for members of Congress clearl"
indicated that the Dno immediate reelectionD after the *%term limit ould e$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
term immediatel" folloing the three consecutive terms, to be filled up b" the regular
election for such fourth term. Cor 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!t
fifth term he can run again to start a ne series of three consecutive terms. Ge $uote
these pertinent portions of the debates, recorded in Aolume To, pages ,*,%,** of
the Record of the Constitutional Commission7
MR. R-M26-. Madam President, the folloing are the various alternatives7.cheme
No. # 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 don
their votes.
T5E PRE.#4ENT. The Chair as<s the Chairman, Commissioner 4avide, to please
consolidate the results of the voting for President and Aice%President.
T5E .ECRETARI%8ENERA6. Madam President, e are read". T5E PRE.#4ENT.
The .ecretar"%8eneral ill please proceed.
C-2NT#N8 -C BA66-T.
T5E .ECRETARI%8ENERA6, reading7
.cheme No. # % NNN
.cheme No. ## % NNNNN%NNNNN%NNNNN%NNNNN%NN
.cheme No. #ll % NNNNN%NNNNN%NNNNN%NN
T5E PRE.#4ENT. The results sho * votes for .cheme No. #H ,, votes for .cheme
No. ##H and '1 votes for .cheme No. ###H .cheme No. ## is approved.
MR. R-M26-. Madam President, the ne!t position is for the 5ouse of
Representatives, the Congressmen. # ould assume e can use the same choices.
4oes an" one ant an" variationJ
MR. R-4R#8-. Madam President.
T5E PRE.#4ENT. Commissioner Rodrigo is recogni@ed.
MR. R-4R#8-. Cor the record, # ould li<e to as< Commissioner Romulo some
$uestions.
MR. R-M26-. Ies.
MR. R-4R#8-. .cheme No. ## sa"s Dthe Aice%President % ith one reelection.D
T5E PRE.#4ENT. No, that is for .enators.3
MR. 82#N8-NA. Madam President.
T5E PRE.#4ENT. Ies, Commissioner 8uenon is recogni@ed.
MR. 82#N8-NA. Ma" # suggest one more scheme % ith to reelections for the
Members of the 5ouse of RepresentativesJ
T5E PRE.#4ENT. .o, e shall distribute ballots again.
MR. R-M26-. Ghile the ballots are being distributed, ma" # read the folloing
four propositions for Congressmen7 3
.cheme No. #, ithout reelection.
.cheme No. ##, ith one reelection.
.cheme No. ###, ith to reelections.
.cheme No. #A, no limit on reelection. #
MR. 4E 6-. REIE.. Madam President.
T5E PRE.#4ENT. Commissioner de los Re"es is recogni@ed.
MR. 4E 6-. REIE.. The term of the Members of the 5ouse of Representatives
ill be three "ears, according to the first votingH the term of the .enators, if the" are
entitled to one reelection, ill be ', "ears. .o, in order for a Member of the 5ouse of
Representatives to have also ', "ears, he must be entitled to three reelections. #
propose another scheme ith three reelections to ma<e it e$ual.
MR. R-4R#8-. Gill the 8entleman maintain the number there and add that as No.
A. # filled up m" ballot alread" and if # erase, this might be dis$ualified as a mar<ed
ballot.
T5E PRE.#4ENT. Commissioner Rodrigo ma" change his ballot.
MR. 4E CA.TR-. Madam President.
T5E PRE.#4ENT. Commissioner de Castro #s recogni@ed.
MR. 4E CA.TR-. The situation stated b" Commissioner de los Re"es is apparentl"
covered b" .cheme No. ## hich e agreed upon earlier. The situation ill not
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<ing here for pluralit" onl",
Madam President. Can e eliminateJ
T5E PRE.#4ENT. #n other ords, e shall have the same schemes as those for
.enatorsH ithout reelection, ith one reelection and unlimited reelection.
REA. R#8-.. Madam President, besides e have alread" submitted our ballots.
MR. M-N.-4. # ithdra m" proposal, Madam President.
MR. 8ARC#A. Madam President, # ould suggest that the to schemes ith the
highest votes be voted upon to get the <e" ma/orit". Cor e!ample, if the schemes ith
to reelections and no limit to election get the highest number of votes, then e vote
again to get the <e" ma/orit".
T5E PRE.#4ENT. Ge ill do that. Are all the votes inJ
C-2NT#N8 -C BA66-T.
T5E .ECRETARI%8ENERA6. Madam President, e have ?* ballots.
T5E PRE.#4ENT. The .ecretar"%8eneral ill please proceed. T5E .ECRETARI%
8ENERA6, reading7
.cheme No. # % +
.cheme No. ## % NN
.cheme No. ### % NNNNN%NNNNN%NNNNN%NNNNN%N
.cheme No. #A % NNNNN%NNNNN%NNNN
.cheme No. A % NNNNN%N
T5E PRE.#4ENT. The results sho no vote for .cheme No. #H , votes for .cheme
No. ##H ,' votes for .cheme No. ###H '? votes for .cheme No. #AH and ; votes for
.cheme No. AH .cheme No. ### is approved.
MR. R-4R#8-. Madam President.
T5E PRE.#4ENT. Commissioner Rodrigo is recogni@ed.
MR. R-4R#8-.. # ould li<e to as< a $uestion for clarification.
T5E PRE.#4ENT. Please proceed.
MR. R-4R#8-. #f the Members of the 6oer 5ouse can have to reelections, does
this mean to immediate reelections, or a term of nine consecutive "earsJ 6et us sa"
that a Member of the 6oer 5ouse has been reelected ticeH that means he ill serve
for nine "ears. Can he let three "ears elapse and then run againJ
T5E PRE.#4ENT. Ge ill as< the Chairman of the Committee on the 6egislative to
anser the $uestion.
MR. 4AA#4E. That is correct, Madam President, because to reelections mean to
successive reelections. .o he cannot serve be"ond nine consecutive "ears.
MR. R-4R#8-. Consecutivel"J
MR. 4AA#4E. Consecutivel".
MR. R-4R#8-. But after nine "ears he can let one R
MR. 4AA#4E. 5e can rest. 5e can hibernate for three "ears.
MR. R-4R#8-. And run again.
MR. 4AA#4E. 5e can run again.
MR. R-4R#8-. And again have nine "ears as a ma!imum.
MR. 4AA#4E. # do not <no if that is also the thin<ing of Commissioner 8arcia
ho is the main proponent of this proposal on to reelections. # ould see< the
opinion of Commissioner 8arcia for the record. 9underscoring supplied for
emphasis.:
The dichotom" made in the ponencia beteen Dvoluntar" renunciation of the officeD as
used in .ection ( of Article = of the Constitution and .ection ?*9b: of R.A. No. 1';+ and
Dinvoluntar" severance from officeD is unnecessar", if not misplaced. Crom the discussion
in the ponencia, the latter is made to appl" to the banned term, i.e., the fourth term
immediatel" folloing three consecutive terms. .pea<ing no of 5agedorn, he cannot
have suffered Dinvoluntar" severance from officeD because there as nothing to be
severedH he as not a holder of an office either in a de /ure or de facto capacit". 5e <ne
he as dis$ualified from see<ing a third reelection to office. 4is$ualification is,
definitel", not s"non"mous ith involuntar" severance. Even if e concede that
involuntar" severance is an act hich interrupts the continuit" of a term for purposes of
appl"ing the three%term principle the rule laid don in 6on@anida vs. C-ME6EC 9*''
.CRA ;+):, cited in the ponencia, page '1, is not applicable in the case of 5agedorn. The
involuntar" severance referred to in that case as one that too< place during an" of the
three termsH hence, the term during hich it occurred should be e!cluded in the
computation. #n the case of 5agedorn, no such involuntar" severance too< place during
an" of his three terms brought about b" his election in ')), and reelections in '))0 and
'))(.
More importantl", the voluntar" renunciation referred to in .ection (, Article = of the
Constitution and .ection ?*9b: of R.A. No. 1';+ is one that ta<es place at an" time
during either the first, second, or third term of the three consecutive terms. This is ver"
clear from the last clause of .ection (, Article = of the Constitution, hich reads7 Dshall
not be considered as an interruption in the continuit" of his service for the full term for
hich he as elected.D The purpose of the provision is to prevent an elective local
official from voluntaril" resigning from office for the purpose of circumventing the rule
on the belief that the term during hich he resigned ould be e!cluded in the counting of
the three%term rule. #n short, the provision e!cluded is intended to impose a penalt" on
one ho flouts the rule or ma<e a moc<er" of it b" the simple act of resigning. Thus,
appl"ing it in the case of 5agedorn, even if he voluntaril" resigned on his third term, he
ould still be barred from see<ing reelection in the Ma" ,++' election.
5agedorn cannot li<eise avail of the ruling in Adormeo vs. C-ME6EC 98.R. No.
'?1),1, ? Cebruar" ,++,: because in that case Talaga did not in in his second reelection
bid, or for a third term, in the Ma" '))( elections. 5e on in the recall election of ',
Ma" ,+++. 5agedorn, as earlier stated, full" served three successive terms.
Neither can e allo 5agedorn to ta<e refuge under the e!change beteen
Commissioner .uare@ and Commissioner 4avide found on page 0),, Aol. ## of the
Record of the Constitutional Commission and $uoted on pages ')%,+ of the ponencia7
.2AREQ7 Cor e!ample, a special election is called for a .enator, and the .enator
nel" elected ould have to serve the une!pired portion of the term. Gould that
mean that serving the une!pired portion of the term is alread" considered one termJ
.o, half a term, hich is actuall" the correct statement, plus one term ould
dis$ualif" the .enator concerned from runningJ #s that the meaning of this provision
on dis$ualification, Madam PresidentJ
4AA#4E7 Ies, because e spea< of DtermD And if there is a special election, he ill
serve onl" for the une!pired portion of that particular term plus one more term for
the .enator and to more terms for the Members of the 6oer 5ouse.
-n the contrar", it is clear from the vies of Commissioners .uare@ and 4avide that the
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 $ualified to see< reelection in a recall election to remove
the Ma"or ho as elected for a term for hich 5agedorn as constitutionall" and
statutoril" dis$ualified to be reelected to or, to hold #s to subvert the rationale of the
three%consecutive%term rule and ma<e a moc<er" of it. Gorse, it abets destructive endless
partisan politics and unsound governance. An elective local official ho is dis$ualified to
see< a fourth term because of the three%term limit but obsessed to hold on to poer ould
spend the first "ear of the fourth term campaigning for the recall of the incumbent in the
second "ear of said term. This ould3 not be a problem #f the dis$ualified official has a
solid folloing and a strong political machiner". #nterestingl", in this case, as stated on
page * of the ponencia, the President of the Association of Baranga" Captains of Puerto
Princesa Cit" is one Mar< 4avid M. 5agedorn and he as designated b" the Preparator"
Recall Assembl" as interim Chairman.
# therefore vote to grant the petition in 8.R. Nos. '00+(*%(?, to set aside the resolution of
the C-ME6EC holding private respondent Edard 5agedorn a $ualified candidate for
the position of Ma"or of Puerto Princesa Cit" in the recall election, and to declare him
4#.K2A6#C#E4 from see<ing reelection for a fourth term or from being a candidate for
Ma"or in the recall election in $uestion.
CONCURRING OPINION
PUNO, J.:
The correctness of the decision so abl" ritten b" Mr. &ustice Carpio spea<s for itself.
Nonetheless, the comple! constitutional dimensions of the issue for resolution compels
this humble concurring opinion. The issue is hether private respondent 5agedorn is
dis$ualified from running in the .eptember ,?, ,++, recall election for ma"or of Puerto
Princesa Cit" and from serving the une!pired portion of the ,++'%,++? ma"oralt" term
considering that he has thrice been consecutivel" elected and has served three full terms
as Puerto Princesa Cit" ma"or from ')),%'))(. #n illuminating the gra" interstices of this
election case, prudence dictates that D. . . here the sovereignt" of the people is at sta<e,
e must not onl" be legall" right but also politicall" correct.D
'
Private respondent 5agedorn as elected ma"or of Puerto Princesa Cit", Palaan in
')),, '))0 and '))( and served three full terms. #n the Ma" '?, ,++' national and local
elections, he ran for governor for the Province of Palaan and lost. Petitioner%intervenor
Aictorino 4ennis M. .ocrates as elected ma"or of Puerto Princesa Cit".
-n &ul" ,, ,++,, three hundred telve 9*',: out of five hundred tent"%eight 90,(:
members of the Baranga" -fficials of Puerto Princesa Cit" convened themselves into a
Preparator" Recall Assembl" to initiate the recall of Ma"or .ocrates. -n August ,',
,++,, 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$ualification on the ground that he had served three consecutive full terms as ma"or of
Puerto Princesa Cit" immediatel" prior to the recall election and as thus proscribed b"
the Constitution from running in said election. -n August *+, ,++,, petitioner -llave, .r.
intervened to dis$ualif" 5agedorn on the same ground.
The recall election as set on .eptember ,?, ,++,. -n .eptember ,+, ,++,, public
respondent C-ME6EC3s Cirst 4ivision denied the petitions for 5agedorn3s
dis$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 Cirst 4ivision holding 5agedorn $ualified to run in the recall election.
-n .eptember ,?, ,++,, petitioners Adovo, 8ilo and -llave, .r. sought recourse in this
Court ith a Aer" 2rgent Petition for Certiorari and Prohibition ith Preliminar"
#n/unction and Pra"er for Temporar" Restraining -rder. -n the same date, Ma"or
.ocrates filed a petition%in%intervention to nullif" the .eptember ,* resolution of the
C-ME6EC.
The petitions before us raise the folloing issues7
D#.
T5E C-ME6EC 8RAAE6I AB2.E4 #T. 4#.CRET#-N G5EN #T R26E4 T5AT
RE.P-N4ENT 5A8E4-RN #. N-T 4#.K2A6#C#E4 CR-M R2NN#N8 C-R T5E
P-.#T#-N -C MAI-R -C P2ERT- PR#NCE.A C#TI #N T5E .C5E426E4
RECA66 E6ECT#-N, T5E C6EAR AN4 2NAMB#82-2. C-N.T#T2T#-NA6
AN4 .TAT2T-RI PR-5#B#T#-N A8A#N.T A C-2RT5 C-N.EC2T#AE TERM
C-R 6-CA6 E6ECT#AE -CC#C#A6. N-TG#T5.TAN4#N8.
##.
T5E 5-N-RAB6E C-ME6EC 8RAAE6I ERRE4 AN4 AB2.E4 #T.
4#.CRET#-N G5EN #T PR-CEE4E4 T- 4#A#4E A .#N86E TERM -C -CC#CE
#NT- TG-.
###.
T5E 5-N-RAB6E C-ME6EC C-MM#TTE4 8RAAE AB2.E -C 4#.CRET#-N
AN4 A#-6ATE4 T5E #NTENT AN4 P2RP-.E C-R 5-64#N8 T5E .C5E426E4
RECA66 E6ECT#-N. C-R T5E P-.#T#-N -C MAI-R -C P2ERT- PR#NCE.A
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,
The foregoing issues ma" be reduced to the singular issue of hether or not private
respondent 5agedorn is dis$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
D.ec. (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 more
than three consecutive terms. Aoluntar" 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
D.ec. ?*. Term of -ffice. %. . . 9b: No local elective official shall serve for more than three
9*: consecutive terms in the same position. Aoluntar" 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 for hich the elective official concerned as elected.D
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 the
above 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 discussionH
0
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<e to advocate the proposition that no further election for
local and legislative officials be alloed after a total of three terms or nine "ears. #
have four reasons h" # ould li<e to advocate this proposal, hich are as follos7
9': to prevent monopol" of political poerH 9,: to broaden the choice of the peopleH
9*: so that no one is indispensable in running the affairs of the countr"H 9?: to create a
reserve of statesmen both in the national and local levels. Ma" # e!plain briefl" these
four reasons.
Cirst7 To prevent monopol" of political poer % -ur histor" has shon that
prolonged sta" in public office can lead to the creation of entrenched preserves
of political d"nasties. #n this regard, # ould also li<e to advocate that immediate
members of the families of public officials be barred from occup"ing the same
position being vacated.
.econd7 To broaden the choice of the people % Although individuals have the
right to present themselves for public office, our times demand that e create
structures that ill enable more aspirants to offer to serve and to provide the
people a broader choice so that more and more people can be enlisted to the
cause of public service, not /ust limited onl" to those ho ma" have the reason
or the advantage due to their position.
Third7 No one is indispensable in running the affairs of the countr" O After the
official3s more than a decade or nearl" a decade of occup"ing the same public
office, # thin< e should tr" to encourage a more team%oriented consensual
approach to governance favored b" a proposal that ill limit public servants to
occup" the same office for three terms. And this ould also favor not rel"ing on
personalities no matter ho heroic, some of hom, in fact, are no in our midst.
6astl", the fact that e ill not reelect people after three terms ould also favor
the creation of a reserve of statesmen both in the national and local levels.
Turnovers in public office after nine "ears ill ensure that ne ideas and ne
approaches ill be elcome. Public office ill no longer be a preserve of
conservatism and tradition. At the same time, e ill create a reserve of statesmen,
both in the national and local levels, since e ill not deprive the communit" of the
ealth of e!perience and advice that could come from those ho have served for
nine "ears in public office.
Cinall", the concept of public service, if political d"nast" s"mboli@ed b" prolonged
sta" 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 bodies
organi@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 longer
be limited onl" to public office.
! ! ! ! ! ! ! ! !
MR. M-N.-4. Madam President, # as reflecting on this issue earlier and # as<ed
to spea< because in this draft Constitution, e are recogni@ing people poer. Ge
have said that no there is a ne aareness, a ne <ind of voter, a ne <ind of
Cilipino. And "et at the same time, e are prescreening candidates among hom the"
ill choose. Ge are sa"ing that this ?(%member Constitutional Commission has
decreed that those ho have served for a period of nine "ears are barred from
running for the same position.
The argument is that there ma" be other positions. But there are some people
ho are ver" s<illed and good at legislation, and "et are not of a national stature
to be .enators. The" ma" be perfectl" honest, perfectl" competent and ith
integrit". The" get voted into office at the age of ,0, hich is the age e provide
for Congressmen. And at *? "ears old e put them to pasture.
.econd, e sa" that e ant to broaden the choices of the people. Ge are
tal<ing here onl" of congressional or senatorial seats. Ge ant to broaden the
people3s choice but e are ma<ing a pre/udgment toda" because e e!clude a
certain number of people. Ge are, in effect, putting an additional $ualification
for office % that the officials must not have served a total of more than a number
of "ears in their lifetime.
Third, e are sa"ing that b" putting people to pasture, e are creating a reserve
of statesmen, but the future participation of these statesmen is limited. Their
s<ills ma" onl" be in some areas, but e are sa"ing that the" are going to be
barred from running for the same position.
Madam President, the abilit" and capacit" of a statesman depend as ell on the da"%
to%da" honing of his s<ills and competence, in intellectual combat, in concern and
contact ith the people, and here e are sa"ing that he is going to be barred from the
same <ind of public service.
# do not thin< it is in our place toda" to ma<e such a ver" important and momentous
decision ith respect to man" of our countr"men in the future ho ma" have a lot
more "ears ahead of them in the service of their countr".
#f e agree that e ill ma<e sure that these people do not set up structures that ill
perpetuate them, then let us give them this rest period of three "ears or hatever it is.
Ma"be during that time, e ould even agree that their fathers or mothers or
relatives of the second degree should not run. But let us not bar them for life after
serving the public for a number of "ears.
! ! ! ! ! ! ! ! !
MR. -P6E. . . . The principle involved is reall" hether this Commission shall
impose a temporar" or a perpetual dis$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 the Commission e!ercising
a sort of omnipotent poer in order to dis$ualif" those ho ill alread" have served
their terms from perpetuating themselves in office. # thin< the Commission achieves
its purpose in establishing safeguards against the e!cessive accumulation of poer as
a result of consecutive terms. Ge do put a gap on consecutive service % in the case of
the President, si! "earsH in the case of the Aice%President, unlimitedH and in the case
of the .enators, one reelection. #n the case of the Members of Congress, both from
the legislative districts and from the part" list and sectoral representation, this is no
under discussion and later on the polic" concerning local officials ill be ta<en up b"
the Committee on 6ocal 8overnments. The principle remains the same. # thin< e
ant to prevent future situations here, as a result of continuous service and fre$uent
reelections, officials from the President don to the municipal ma"or tend to develop
a proprietar" interest in their positions and to accumulate those poers and
per$uisites that permit them to sta" on indefinitel" or to transfer these posts to
members of their families in a subse$uent election. # thin< that is ta<en care of
because e put a gap on the continuit" or unbro<en service of all of these officials.
But ere e no 9to: decide to put these prospective servants of the people or
politicians, if e ant to use the coarser term, under a perpetual dis$ualification, #
have a feeling that e are ta<ing aa" too much from the people, hereas e should
be giving as much to the people as e can in terms of their on freedom of choice.
# thin< the veterans of the .enate and of the 5ouse of Representatives here ill sa"
that simpl" getting nominated on a part" tic<et is a ver" poor assurance that the
people ill return them to the .enate or to the 5ouse of Representatives. There are
man" casualties along the a" of those ho ant to return to their office, and it is
the people3s decision that matters. The" /udge hether or not a .oc Rodrigo, a
.umulong, a Padilla, an Alonto and a Rosales, after a first and second term, should
go bac< to the .enate. That is a prerogative of the people that e should not ta<e
aa" from them %the right to /udge those ho have served. #n an" case, e alread"
ta<e aa" from the people the freedom to vote for the third termers because e sa"
that a .enator, sa", Mr. Rodrigo, is onl" good for telve "ears. But if he ants to be
li<e Cincinnatus, if he is called bac< b" his people to serve again, let us sa" for a
period of si! "ears O hich Commissioner 4avide called a period of hibernation
hich is spent at his fishpond in Bulacan, Bulacan % because there is a ne situation
in the countr" that fairl" impels the people to summon him bac<, li<e Cincinnatus in
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<ing a balance of policies, so that the structures, about hich Commissioner
8arcia e!pressed a ver" legitimate concern, could henceforth develop to redistribute
opportunities, both in terms of political and economic poer, to the great ma/orit" of
the people, because ver" soon, e ill also discuss the multipart" s"stem. Ge have
unshac<led the Philippine politics from the to%part" s"stem, hich reall" as the
most critical support for the perpetuation of political d"nasties in the Philippines.
That is $uite a victor", but at the same time, let us not despise the role of political
parties. The strength of democrac" ill depend a lot on ho strong our democratic
parties are, and a splintering of all these parties so that e fall bac< on, let us sa",
nontraditional parties entirel" ill mean a great loss to the vitalit" and resilienc" of
our democrac"...
! ! ! ! ! ! ! ! !
B#.5-P BACAN#. . . . # thin< hen e voted on the provision that the illiterate be
alloed to vote and hen e proposed in this Constitutional Commission for
initiative as a a" also of empoering our people to engage in the legislative
e!ercise, e are reall" presupposing the political maturit" of our people. Gh" is it
that that political maturit" seems no to be denied b" as<ing that e should put a
constitutional bar to a further election of an" Representative after a term of three
"earsJ Gh" should e not leave that to the premise accepted b" practicall"
ever"bod" here that our people are politicall" matureJ .hould e use this assumption
onl" hen it is convenient for us, and not hen it ma" also lead to a freedom of
choice for the people and for politicians ho ma" aspire to serve longerJ
! ! ! ! ! ! ! ! !
MR. 8ARC#A. # ould li<e to anser Commissioner Bacani. Ge put a constitutional
bar to reelection of an" Representative basicall" because of the undue advantage of
the incumbent. #t is not because of lac< of trust in the people. Ge reali@e from histor"
that Me!ico fought a revolution simpl" because of the issue of reelection. No
reeleccion, sufragio universal. Basicall", it is because of the undue advantage of the
incumbent that he accumulates poer, mone", part" machine or patronage. As
regards hat Commissioner A$uino has said, politics is not on b" ideals aloneH it is
on b" solid organi@ing or< b" organi@ations that have the capacit" to do soH and
normall" the incumbent has all the advantages. . .
! ! ! ! ! ! ! ! !
T5E .ECRETARI%8ENERA6. Madam President, e have here ?* ballots cast. Ge
ill no start the counting.
Alternative No. ' % no further election after a total of three terms7 NNNNN%NNNNN%NNNNN%NN
Alternative No. , % no immediate reelection after three successive
terms7 NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%ND
;
9emphasis supplied:
#n several cases, this Court as guided b" the proceedings of the ConCom in
construing 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 $uestion in those cases as hat constitutes a DtermD for purposes of
counting the three consecutive terms alloed under Art. =, .ec. (. #t is apropos to
revisit these cases to aid us in e!tracting the intent behind said Constitutional
provision and properl" appl" it to the uni$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$ualification on
the ground that b" &une *+, '))(, Capco ould have alread" served as ma"or for
three consecutive terms and ould therefore be ineligible to serve for another term.
The C-ME6EC en banc declared Capco eligible to run for ma"or, thus Bor/a, &r.
sought recourse in this Court. #n dismissing the petition, e considered the historical
bac<ground of Art. =, .ec. ( of the Constitution, vi@7
DRa consideration of the historical bac<ground of Article =, >( of the Constitution
reveals that the members of the Constitutional Commission ere as much concerned
ith preserving the freedom of choice of the people as the" ere ith preventing the
monopoli@ation of political poer. #ndeed, the" re/ected a proposal put forth b"
Commissioner Edmundo C. 8arcia that after serving three consecutive terms or nine
"ears there should be no further reelection for local and legislative officials. #nstead,
the" adopted the alternative proposal of Commissioner Christian Monsod that such
officials be simpl" barred from running for the same position in the succeeding
election folloing the e!piration of the third consecutive term 9, REC-R4 -C T5E
C-N.T#T2T#-NA6 C-MM#..#-N ,*;%,?* E.ession of &ul" ,0, ')(;F . . .:.
Monsod arned against 3prescreening candidates EfromF hom the people ill
choose3 as a result of the proposed absolute dis$ualification, considering that the draft
constitution contained provisions 3recogni@ing people3s poer.3
! ! ! ! ! ! ! ! !
To ideas thus emerge from a consideration of the proceedings of the Constitutional
Commission. The first is the notion of service of term, derived from the concern
about the accumulation of poer as a result of a prolonged sta" in office. The second
is the idea of election, derived from the concern that the right of the people to choose
hom the" ish to govern them be preserved. 9emphasis supplied:
! ! ! ! ! ! ! ! !
To recapitulate, the term limit for elective local officials must be ta<en to refer to the
right to be elected as ell as the right to serve in the same elective position.
Conse$uentl", it is not enough that an individual has served three consecutive terms
in an elective local office, he must also have been elected to the same position for the
same number of times before the dis$ualification can appl". This point can be made
clearer b" considering the folloing cases or situations7
Case No. '. .uppose A is a vice%ma"or ho becomes ma"or b" reason of the death of the
incumbent. .i! months before the ne!t election, he resigns and is tice elected thereafter.
Can he run again for ma"or in the ne!t electionJ
Ies, because although he has alread" first served as ma"or b" succession and
subse$uentl" resigned from office before the full term e!pired, he has not actuall" served
three full terms in all for the purpose of appl"ing the term limit. 2nder Art. =, >(,
voluntar" renunciation of the office is not considered as an interruption in the continuit"
of his service for the full term onl" if the term is one Dfor hich he as elected.D .ince A
is onl" completing the service of the term for hich the deceased and not he as elected,
A cannot be considered to have completed one term. 5is resignation constitutes an
interruption of the full term.
! ! ! ! ! ! ! ! !
...the ma"or is entitled to run for reelection because the to conditions for the application
of the dis$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 elected three times. . .
Case No. *. The case of vice%ma"or C ho becomes ma"or b" succession involves 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 but simpl" 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 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 he
is standing for reelection: if his service of the first term is counted as one for the purpose
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 a
monopol" of political poer ma" bring about, care should be ta<en that their freedom of
choice is not undul" curtailed.D
(
9emphasis supplied:
Ge reiterated the Bor/a ruling in 6on@anida v. Commission on Elections, et al.
)
hich
involved the election for ma"or of .an Antonio, Qambales. Prior to the Ma" (, '))0
elections, petitioner Romeo 6on@anida served to consecutive terms as municipal ma"or
of .an Antonio, Qambales. #n the Ma" '))0 elections, he ran for ma"or, as proclaimed
inner, and assumed office. 5is proclamation as, hoever, contested b" his opponent
&uan Alve@ in an election protest filed before the Regional Trial Court of Qambales hich
rendered a decision declaring a failure of elections. 2pon appeal of the decision to the
C-ME6EC, Alve@ as declared the dul" elected ma"or of .an Antonio. #n Cebruar"
'))(, the C-ME6EC issued a rit of e!ecution ordering 6on@anida to vacate the post,
and Alve@ served the remainder of the term.
6on@anida filed his certificate of candidac" for the Ma" '', '))( election for ma"or of
.an Antonio. 5is opponent Eufemio Muli filed ith the C-ME6EC a petition to
dis$ualif" 6on@anida on the ground that he had alread" served three consecutive terms in
the same office and as thus prohibited from running in the upcoming election. -n Ma"
'*, '))(, 6on@anida as proclaimed inner. C-ME6EC ruled that 6on@anida as
dis$ualified as his assumption to office in '))0, although he as unseated before the
e!piration of the term, as considered one full term for purposes of counting the three
term limit under the Constitution and the 6ocal 8overnment Code of '))'.
-n appeal to this Court, e ruled, vi@7
D#t is not disputed that the petitioner as previousl" elected and served to consecutive
terms as ma"or of .an Antonio, Qambales prior to the Ma" '))0 ma"oral elections. #n the
Ma" '))0 elections he again ran for ma"or of .an Antonio, Qambales and as
proclaimed inner. 5e assumed office and discharged the rights and duties of ma"or until
March '))( hen he as ordered to vacate the post b" reason of the C-ME6EC
decision dated November '*, '))1 on the election protest against the petitioner hich
declared his opponent &uan Alve@, the dul" elected ma"or of .an Antonio. Alve@ served
the remaining portion of the '))0%'))( ma"oral term.
The to re$uisites for the application of the three term rule are absent. Cirst, the
petitioner cannot be considered as having been dul" elected to the post in the Ma" '))0
elections, and second, the petitioner did not full" serve the '))0%'))( ma"oral term b"
reason of voluntar" relin$uishment of office. After a re%appreciation and revision of the
contested ballots the C-ME6EC itself declared b" final /udgment that petitioner
6on@anida lost in the Ma" '))0 ma"oral elections and his previous proclamation as a
inner as declared null and void. 5is assumption of office as ma"or cannot be deemed
to have been b" reason of a valid election but b" reason of a void proclamation...
.econd, the petitioner cannot be deemed to have served the Ma" '))0 to '))( term
because he as ordered to vacate his post before the e!piration of the term. The
respondents3 contention that the petitioner should be deemed to have served one full term
from Ma" '))0% '))( because he served the greater portion of that term has no legal
basis to support itH it disregards the second re$uisite for the application of the
dis$ualification, i.e., that he has full" served three consecutive terms.
#n sum, the petitioner as not the dul" elected ma"or and he did not hold office for the
full termH hence, his assumption of office from Ma" '))0 to March '))( cannot be
counted as a term for purposes of computing the three term limit.D
'+
9emphasis supplied:
Cinall", in the recent case of Adormeo v. C-ME6EC, et al.,
''
e ruled that a ma"or ho
assumed office via a recall election and served the une!pired portion of the ma"oralt"
term is not considered to have served a full term for purposes of appl"ing the three term
limit. #n this case, therein private respondent Ramon Talaga, &r. as elected ma"or in
Ma" ')), and served the full term. #n '))0, he as reelected and again served the full
term. #n '))(, he lost to Bernard 8. Tagarao. About to "ears later, a recall election as
held here Talaga, &r. ran against Tagarao. 5e 9Talaga, &r.: on and served the remainder
of Tagarao3s term.
#n vie of the upcoming Ma" ,++' ma"oralt" election, Talaga, &r. filed his certificate of
candidac". -n March ,, ,++', therein petitioner Adormeo sought the cancellation of
Talaga, &r.3s certificate of candidac" andNor his dis$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 as
the to conditions for dis$ualification, namel" 9': the elective official concerned as
elected for three consecutive terms in the same post and 9,: he has full" served three
consecutive terms, ere not met. Ge did not consider Talaga, &r.3s service of the
une!pired portion of Tagarao3s term as service of a full term for purposes of the three
term limit. Ge also ruled that he did not serve for three consecutive terms as there as a
brea< in his service hen he lost to Tagarao in the '))( elections. Ge held, vi@7
DC-ME6EC3s ruling that private respondent as not elected for three 9*: consecutive
terms should be upheld. Cor nearl" to "ears, he as a private citi@en. The continuit" of
his ma"orship as disrupted b" his defeat in the '))( elections.
Patentl" untenable is petitioner3s contention that C-ME6EC in alloing respondent
Talaga, &r. to run in the Ma" '))( election violates Article =, .ection ( of the ')(1
Constitution. 9footnote omitted: To bolster his case, respondent adverts to the comment of
Cr. &oa$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 of
computing the number of successive terms alloed.3
As pointed out b" the C-ME6EC en banc, Cr. Bernas3 comment is pertinent onl" to
members of the 5ouse of Representatives. 2nli<e local government officials, there is no
recall election provided for members of Congress. 9Rollo, pp. (*%(?:D
',
9emphasis
supplied:
The deliberations of the ConCom and the ruling case la of Bor/a, 6on@anida and
Adormeo sho that there are to principal reasons for the three term limit for elective
local officials7 9': to prevent political d"nasties perpetuated b" the undue advantage of
the incumbent and 9,: to broaden the choice of the people b" alloing candidates other
than the incumbent to serve the people. 6i<eise evident in the deliberations is the effort
to balance beteen to interests, namel", the prevention of political d"nasties and
broadening the choice of the people on the one hand, and respecting the freedom of
choice and voice of the people, on the otherH thus, the calibration beteen perpetual
dis$ualification after three consecutive terms as proposed b" Commissioner 8arcia, and
setting a limit on immediate reelection and providing for a hibernation period.
#n all three cases % Bor/a, 6on@anida and Adormeo % e ruled that the DtermD referred to
in the three term limit is service of a full term of three "ears for elective local officials.
This ruling furthers the intent of the ConCom to prevent political d"nasties as it is the
service of consecutive full terms that ma<es service continuous and hich opens the gates
to political d"nasties limiting the people3s choice of leaders. #n the ords -f
Commissioner -ple, D. . . e ant to prevent future situations here, as a result of
continuous service and fre$uent reelections, officials from the President don to the
municipal ma"or tend to develop a proprietar" interest in their positions and to
accumulate those poers and per$uisites that permit them to sta" on indefinitel" or to
transfer these posts to members of their families in a subse$uent election. # thin< that is
ta<en care of because e put a gap on the continuit" or unbro<en service of all of these
officials. 9emphasis supplied:D Thus, ConCom set the limit on consecutive full terms to
no more than three. -therise stated, it is a fourth consecutive full term that is
prohibited.
#n the cases at bar, hoever, private respondent 5agedorn ill not serve a prohibited
fourth consecutive full term as he ill be serving onl" the une!pired portion of the ,++'%
,++? ma"oralt" term. .imilar to Talaga, &r. in the Adormeo case, 5agedorn3s service as
ma"or ill not be continuous from the third to a fourth consecutive full term as it as
bro<en hen .ocrates as elected in the ,++' regular ma"oralt" election and served for
one "ear. #n the same vein that Talaga, &r. as elected into office b" recall election and his
service of the une!pired portion of the incumbent3s term as not considered a
consecutive full term for purposes of appl"ing the three term limit, 5agedorn3s service of
the une!pired portion of .ocrates3 term should not also be counted as a prohibited fourth
consecutive full term. #t should not ma<e a difference hether the recall election came
after the second consecutive full term as in the Adormeo case or after the third
consecutive term as in the cases at bar because the intent to create a hiatus in service is
satisfied in both instances.
Even a te!tual anal"sis of Art. =, .ec. ( ill "ield the interpretation that hat is
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. #t
is 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 D.ec. (. 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 of
the 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, is
removed 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<en until the recurring election for the office.
'0
The provisions on voluntar" renunciation under Art. =, .ec. ( and other articles of the
Constitution bolster the interpretation that for purposes of appl"ing the three term limit,
service of a full term of three "ears is contemplated, vi@7
DArt. =, .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. Aoluntar" renunciation of the office for an" length of
time shall not be considered as an interruption in the continuit" of the service for the full
term for hich he as elected.D
DArt. A#, .ec. ?. . . . No .enator shall serve for more than to consecutive terms.
Aoluntar" renunciation of the office for an" length of time shall be considered as an
interruption in the continuit" of his service for the full term for hich he as elected.
! ! ! ! ! ! ! ! !
.ec. 1. . . . No Member of the 5ouse of Representatives shall serve for more than three
consecutive terms. Aoluntar" 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.
! ! ! ! ! ! ! ! !
Art. A##, .ec. ?. . . . No Aice%President shall serve more than to successive terms.
Aoluntar" renunciation of the office for an" length of time shall not be considered as an
interruption in the continuit" of the service for the full term for hich he as elected.D
9emphasis supplied:
.imilarl", the 6ocal 8overnment Code of '))' provides in .ec. ?*9b:, vi@7
D.ec. ?*9b: . . . No local elective official shall serve for more than three 9*: consecutive
terms in the same position. Aoluntar" 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 for
hich the elective official concerned as elected.D 9emphasis supplied:
6i<eise, because DtermD is understood to be a fi!ed, definite, and full period, the
Constitution, in Art. Ai, .ec. ), uses the $ualifier Dune!pired termD to refer to onl" a
portion of a term, vi@7
DArt. A#, .ec. ). #n case of vacanc" in the .enate or in the 5ouse of Representatives, a
special election ma" be called to fill such vacanc" in the manner prescribed b" la, but
the .enator or Member of the 5ouse of Representatives thus elected shall serve onl" for
the une!pired term.D 9emphasis supplied:
.imilarl", .ec. ?? of the 6ocal 8overnment Code of '))' uses the phrase Dune!pired
termD to mean the remainder of the term, vi@7
D.ec. ??9d:. The successors as defined herein shall serve onl" the une!pired terms of his
predecessors. . .D 9emphasis supplied:
Thus, hen Art. =, .ec. ( of the Constitution states that D...no such 9local elective:
official shall serve for more than three consecutive terms,D it consistentl" means that it
allos service of a ma!imum of three consecutive full terms and prohibits service of a
minimum fourth consecutive full term.
#n putting a cap on the number of consecutive full terms an elective local official can
serve, the ConCom sought to curb the undue advantage of the incumbent over other
aspirants, hich advantage ma<es it easier to found a political d"nast". At the time of the
.eptember ,?, ,++, recall election, hoever, 5agedorn as not the incumbent favored
ith this feared Dundue advantage of the incumbent.D -n the contrar", he ran against the
incumbent Ma"or .ocrates ho alone could be the sub/ect of recall election and ho, b"
la, as automaticall" a candidate in the election.
';
5agedorn did not run in the ,++'
regular ma"oralt" election of Puerto Princesa Cit" hich .ocrates on, precisel" because
he as aare of the three term limit.
#t is m" respectful submission that the Constitution and the 6ocal 8overnment Code of
'))' proscribe a local official ho has been thrice consecutivel" elected in regular
elections and has served three full terms in the same position, from running in the regular
election succeeding his third consecutive term. #t is this situation that is prohibited
because it ma<es possible service of more than three consecutive and continuous full
terms, i.e., service of a fourth consecutive full term. Ge cannot overstress that it is this
continuousness that the ConCom feared ould open the gates to the to evils sought to
be avoided7 the incumbent3s use of his undue advantage to put up a political d"nast" and
limiting the people3s choice of leaders. #t is in this conte!t of regular elections that our
obiter dictum in the 6on@anida case, hich petitioners harp on, should be understood. #n
that case, e opined that DEaFs finall" voted upon, it as agreed that an elective local
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 the
elections 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 his
service 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 not
prohibited from see<ing another reelection and serving another full term. This is so
because his service of the remainder of the incumbent3s term via recall election is not, in
realit" and in la, a full term continuing on to his three succeeding full terms. 6ocal
officials ho assume office via recall election serve onl" the une!pired portion of the
incumbent3s term and this service is not counted as a full term, despite the Constitutional
mandate that the term of office of elective local officials is three "ears. .uch is the design
because Art. =A###, .ecs. , and 0 of the Constitution also prescribe s"nchroni@ation of
regular national and local elections beginning on the second Monda" of Ma" ')),,
'(
hich is accomplished if the local official ho assumes office through recall election
serves onl" the incumbent3s une!pired term.
#t is onl" in the case of Representatives 9and .enators: that Dif one is elected
Representative to serve the une!pired term of another, that une!pired term ill be
considered one term for purposes of computing the number of successive terms
alloed.D
')
The election herein contemplated is a special election thus this Constitutional
intent does not appl" to a recall election hich involves onl" elective local officials. The
Record bear this out, vi@7
DMR. .2AREQ. . . Ma" e as< a clarificator" $uestion regarding the interpretation
of the provisions in .ections * and ; in relation to .ection ) regarding the
dis$ualification on the part of the .enator to run for to consecutive terms, and in the
case of the Members of the 5ouse of Representatives, for three consecutive terms.
Cor 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 one termJ .o, half a term,
hich is actuall" the correct statement, plus one term ould dis$ualif" the .enator
concerned from runningJ #s that the meaning of this provision on dis$ualification,
Madam PresidentJ
MR. 4AA#4E. Ies, because e spea< of DtermD and if there is a special election, he
ill serve onl" for the une!pired portion of that particular term plus one more term
for the .enator and to terms for the Members of the 6oer 5ouse.D
,+
As e ruled in the Adormeo case, service of an une!pired term is considered service of a
full term onl" ith respect to Representatives 9and .enators: because unli<e local
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 is
strictl" 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. The
three 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 the
outcome 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 third
consecutive 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 after
three 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
D.ection 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<e place ithin one 9': "ear from the date of the official3s
assumption to office or one 9': "ear immediatel" preceding a regular local election.D
9emphasis supplied:
Thus, an elective local official cannot perpetuall" hold on to his office through the
mechanism of recall as at the ver" least, there ill be a hiatus of one "ear after an
unbro<en service of three terms. 5e could not simpl" create, in the ords of
Commissioner Monsod, Dstructures that ill perpetuate him 9them:D in poer ith the
assurance that the" ill not be e!posed because after serving three consecutive full terms,
he ill certainl" be replaced. Githin the one%"ear period under .ec. 1?, his successor
could discover and begin to dismantle these manipulative structures. This one "ear period
also provides a reasonable basis for the electorate to /udge the performance of the
incumbent successor, thus obviating fear of political maneuvering through initiation of
recall proceedings b" a Preparator" Recall Assembl" dominated b" minions of the
previous local official.
,*
#n Claudio v. C-ME6EC, et al.,
,?
e held, vi@7
D#n the Boer case 9in re Boer ?' #''. 111, ,?, N.E. ,d ,0, E');(F: cited b" this Court
in Angobung v. C-ME6EC 9,;) .CRA ,?0, ,0; E'))1F:, it as held that 3The onl"
logical reason hich e can ascribe for re$uiring the electors to ait one "ear before
petitioning for recall election is to prevent premature action on their part in voting to
remove a nel" elected official before having had sufficient time to evaluate the
soundness of his policies and decisions.3D
,0
#f, after one "ear in office, the incumbent proves himself to be orth" of his position,
then his constituents ill confirm this should a recall election be called, as in the case of
Ma"or Re"naldo Malon@o of Caloocan Cit". #f, on the other hand, the incumbent turns
out to be an ineffective leader, there is no reason h" the electorate should not be alloed
to ma<e a Cincinnatus of their past leader.
The imagined fear of abuse of the poer of recall does not suffice to dis$ualif" private
respondent 5agedorn and should not prevail over the resounding voice of the people of
Puerto Princesa Cit". The" have spo<en and there is no mista<ing that 5agedorn is their
overhelming choice. Ge cannot subscribe to the petitioners3 position and allo an
overl" literal reading of the la to mute the electorate3s cr" and curtail their freedom to
choose their leaders. This freedom as as much a concern of the ConCom as as the
prevention of political d"nasties and broadening the choice of the people. This Court has
not /ust once admonished against a too literal reading of the la as this is apt to constrict
rather than fulfill its purpose and defeat the intention of the authors.
,;
#n sum, private respondent 5agedorn is not dis$ualified from running in the .eptember
,?, ,++, recall election as the dis$ualification under Art. =, .ec. ( of the Constitution
applies to the regular ma"oralt" election succeeding the third consecutive term served.
Nor is he precluded from serving the une!pired portion of the ,++'%,++? ma"oralt" term
as this is not service of a prohibited fourth consecutive full term.
# vote to den" the petition, giving due consideration to the tenet of representative
democrac" that the people should be alloed to choose hom the" ish to govern
them.
,1
#n the end, D. . . more than /udgments of courts of la, the /udgment of the
tribunal of the people is final for 3sovereignt" resides in the people and all government
authorit" emanates from them.3D
,(
*oot"ote+
'
Ciled under Rule ;0 in relation to Rule ;? of the '))1 Rules of Civil Procedure ith
pra"ers for preliminar" in/unction and temporar" restraining orders.
Pursuant to the provisions of Republic Act 1';+ or the 6ocal 8overnment Code of
'))', Chapter 0, .ections ;) to 10.
*
Composed of Ben/amin .. Abalos, .r. as Chairman ith Commissioners
6u@viminda 8. Tancangco, Rufino ..B. &avier, Ralph C. 6antion, Mehol M. .adain,
Resurreccion Q. Borra and Clorentino A. Tuason, &r.
?
Gith Mehol M. .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.
1
Record of the Constitutional Commission, Aol. ,, p. ,*;.
(
&ournal of the Constitutional Commission, Aol. #, 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 successive
terms. 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 for
.enators. Are e read" noJ The .ecretar"%8eneral ill please count the
ballots.
C-2NT#N8 -C BA66-T.
T5E .ECRETARI%8ENERA67 Ge have ?* ballots here, Madam President. Ge
shall no begin to count.
T5E PRE.#4ENT7 Please proceed.
T5E .ECRETARI%8ENERA6, reading7
.cheme No. # B NNNNN%NNNNN%NN
.cheme No. ## B NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%NN
T5E PRE.#4ENT7 The results sho ', votes for .cheme No. # and *, votes for
.cheme No. ##H .cheme No. ## is approved.D 9Emphasis supplied: Record of the
Constitutional Commission, Aol. ,, pp. ,??%,?0.
'+
DMR. 8A.C-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 -C BA66-T.
T5E .ECRETARI%8ENERA67 Madam President, e have here ?* ballots cast.
Ge ill no start the counting.
Alternative No. ' B no further election after a total of three
terms7 NNNNN%NNNNN%NNNNN%NN
Alternative No. , B no immediate reelection after three successive
terms7 NNNNN%NNNNN%NNNNN%NNNNN%NNNNN%N
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, Aol. ,, pp. ,?*%,??.
''
.econd paragraph of .ection ?, Article A# of the Constitution.
',
&ose 6uis Martin C. 8ascon, Commissioner of the ')(; Constitutional
Commission.
'*
5ilario 8. 4avide, &r., Commissioner of the ')(; Constitutional Commission, and
no Chief &ustice of the .upreme Court.
'?
Record of the Constitutional Commission, Aol. ##, p. 0)+.
'0
Bernas, 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, Cebruar" ?, ,++,.
')
,)0 .CRA '01 9'))(:.
,+
&ose E. .uare@, Commissioner of the ')(; Constitutional Commission.
,'
Record of the Constitutional Commission, Aol. ##, p. 0),.
PUNO,
'
Crivaldo v. C-ME6EC, ,01 .CRA 1,1 9'));:.
,
Aer" 2rgent Petition for Certiorari and Prohibition ith Preliminar" #n/unction and
Pra"er for Temporar" Restraining -rder 9Petition:, pp. )%'+. The Petition%in%
#ntervention of Ma"or .ocrates raises similar issues.
*
' 6. TaSada and C. Carreon, Political 6a of the Philippines )0%); 9');':.
?
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, Cebruar" ?, ,++,.
',
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:.
'0
.ee .chardein v. 5arrison, et al., '( ..G. ,d *'; 9'),):.
';
.ection 1' of the 6ocal 8overnment Code of '))' provides in relevant part, vi@7
D.ection 1'....The official or officials sought to be recalled shall automaticall" be
considered as dul" registered candidate or candidates to the pertinent positions
and, li<e other candidates, shall be entitled to be voted upon.D
'1
Petition, p. '(, citing 6on@anida v. Comelec, supra, p. ;+).
'(
-smena, et al. v. 4el Mar, et al., ')) .CRA 10+ 9'))':.
')
## &. Bernas, The Constitution of the Republic of the Philippines7 A Commentar" );
9first ed. ')((:.
,+
Record, vol. ##, p. 0),.
,'
Bor/a, &r. v. C-ME6EC, et al., supra, p. ';1.
,,
#d., p. ';*.
,*
.ection 1+ of the 6ocal 8overnment Code provides, vi@7
D.ection 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" members
in 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" convene
in 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 a
resolution 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,+++:.
,0
Claudio v. C-ME6EC, et al., supra, p. ?+;.
,;
Paras v. C-ME6EC, ,;? .CRA ?)' 9'));:.
,1
2... Term 6imits, #nc. v. Thornton, 0'? 2... 11), '*' 6. Ed. ,d ((' 9'))0:.
,(
8arcia v. C-ME6EC, et al., ,,1 .CRA '++ 9'))*:.