Case Digest (G.R. No. 201716) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In G.R. No. 201716, decided on January 8, 2013 under the 1987 Constitution, petitioner Abelardo Abundo, Sr., then Mayor of Viga, Catanduanes, sought certiorari relief against: (1) the February 8, 2012 Resolution of the COMELEC Second Division in EAC(AE) No. A-25-2010 and (2) the May 10, 2012 Resolution of the COMELEC en banc, both affirming the Virac, Catanduanes RTC-Br. 43 Decision of August 9, 2010 in Election Case No. 55. The RTC had ruled Abundo ineligible for the 2010 mayoralty race under the three-term limit rule after finding he served three consecutive terms (2001–2004; May 9, 2006–June 30, 2007; 2007–2010). In 2004 he initially lost to Jose Torres, then prevailed via election protest and assumed the remainder of the term from May 9, 2006. In 2010 his certificate of candidacy was challenged by Torres and also by Ernesto R. Vega in quo warranto proceedings. Following adverse rulings below and a turbulent sequence of writs, injunctions and assumption of office by Vice-Mayo Case Digest (G.R. No. 201716) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Electoral history of Abelardo Abundo, Sr.
- He ran for Mayor of Viga, Catanduanes in 2001, 2004, 2007 and 2010.
- Victorious and served full terms in 2001–2004 and 2007–2010; in 2004 he lost proclamation to Torres, protested and was declared winner, assuming office May 9, 2006–June 30, 2007.
- Disqualification and quo warranto proceedings
- May 2010: Jose Torres filed a COMELEC disqualification petition under the three-term limit; COMELEC First Division dismissed it on June 16, 2010.
- May 21, 2010: Ernesto R. Vega filed quo warranto in RTC Branch 43; RTC declared Abundo ineligible on August 9, 2010.
- Abundo appealed to COMELEC Second Division (affirmed Feb 8, 2012) and en banc (denied reconsideration May 10, 2012).
- Enforcement steps and injunctive relief
- June 20–21, 2012: COMELEC’s May 10, 2012 resolution declared final and executory; records transmitted to RTC.
- June 29–July 3, 2012: RTC issued writ of execution; Abundo was ousted and replaced by Tarin and Cervantes; SC issued TRO July 3, 2012.
Issues:
- Reiteration in motion for reconsideration
- Did COMELEC en banc abuse discretion by deeming Abundo’s motion a mere rehash of prior arguments?
- Application of three-term limit
- Does Abundo’s partial service (May 9, 2006–June 30, 2007) under an election protest count as a full term for purposes of the three consecutive-term prohibition?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)