Adormeo
vs. COMELEC & Talaga Jr.
Facts:
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.
Issue:
Whether
or not private respondent is eligible to run for mayor.
Ruling:
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.
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