Adormeo vs. COMELEC & Talaga Jr.
Petitioner and private respondent were the only candidate for mayor of Lucena City in the 2001 elections.
Private respondent was elected as mayor in the 1992 election and was re-elected in the 1995 election. During the 1998 election he lost to Bernard Tagarao but after the recall election he won and served the unexpired term.
Petitioner sought the disqualification of private respondent on the ground of the three-term limit rule under the constitution and the local government code.
Whether or not private respondent is eligible to run for mayor.
Yes, the three-term limit for elective officials must be taken to refer to the right to be elected as well as the right to serve the same elected position as. Private respondent was not elected for three consecutive terms for he was a private citizen for nearly two years. The continuity of his mayorship was disrupted by his defeat in the 1998 elections.
Private respondent is qualified to be a candidate for the 2001 elections.