Tuesday, June 10, 2014

Borja vs Comelec

Borja vs Comelec case brief summary

Facts:
Jose Capco Jr. was elected vice-mayor of Pateros in the 1988 election. On September 2, 1989 he became mayor, by operation of law upon the death of the incumbent mayor. He was elected for mayor in the 1992 election and was re-elected in the 1995 election. He filed a certificate of candidacy for mayor relative to the upcoming 1998 elections. Petitioner who was a candidate for mayor sought the disqualification of Jose Capco Jr. on the ground of the three-term limit rule under the constitution and local government code.
Capco got the majority of votes and was proclaimed as mayor of Pateros.

Issue:
Whether or not Capco Jr. is eligible to run for mayor.

Ruling:
Yes, the three-term limit for elective local official refers to the right to be elected as well as the right to serve in the same elective position. In relation to this it is not enough that a person has served three consecutive terms in an elective local office, he must also have been elected to the same position. Therefore, the succession by operation of law by Capco does not count as a term in counting the three-term limit rule.

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