Case Digest (G.R. No. 201716)
Facts:
Mayor Abelardo Abundo, Sr. v. Commission on Elections and Ernesto R. Vega, G.R. No. 201716, January 08, 2013, Supreme Court En Banc, Velasco Jr., J., writing for the Court.Petitioner Abelardo Abundo, Sr. ran for Mayor of Viga, Catanduanes in the 2001, 2004, 2007 and 2010 elections. He was proclaimed winner and served the 2001–2004 and 2007–2010 terms. In the 2004 elections the municipal board of canvassers initially proclaimed Jose Torres as winner; Torres accordingly assumed office. Abundo filed an election protest and, after proceedings, was declared the rightful winner of the 2004 election and was proclaimed on May 9, 2006, thus serving the remainder of the 2004–2007 term (about one year and one month).
Before the May 10, 2010 elections Abundo filed his certificate of candidacy; Torres filed a disqualification petition (SPA Case No. 10-128) on three-term limit grounds. On June 16, 2010 the COMELEC First Division denied Torres’s petition. Meanwhile Ernesto R. Vega filed a quo warranto (Election Case No. 55) in the Regional Trial Court (RTC), Virac, Catanduanes, Branch 43, docketed May 20, 2010, seeking to oust Abundo on the same ground.
By Decision dated August 9, 2010, the RTC granted Vega’s quo warranto petition and declared Abundo ineligible because, in the RTC’s view, Abundo had already served three consecutive terms (2001–2004, 2004–2007, 2007–2010). Abundo appealed to COMELEC (EAC (AE) No. A-25-2010). On February 8, 2012 the COMELEC Second Division affirmed the RTC, and on May 10, 2012 the COMELEC en banc denied reconsideration and affirmed the Second Division.
Following the COMELEC en banc resolution, COMELEC declared the resolution final and executory (June 20–21, 2012). Vega moved for execution; COMELEC delivered the records to the RTC; on June 29, 2012 the RTC granted the Motion for Execution and issued a writ. The writ was served July 2, 2012; administrative events followed and Vice-Mayor Emeterio M. Tarin and Councilor Cesar O. Cervantes took oaths and assumed the offices on July 4–5, 2012. Abundo filed a petition for certiorari under Rule 65 in the Supreme Court, with a prayer for TRO/preliminary injunction; the Court issued a TRO on July 3, 2012 enjoining enforcement pending resolution. The TRO was later lifted by the Court’s final decision. The petition challenges (1) the COMELEC en banc’s denia...(Subscriber-Only)
Issues:
- Did the COMELEC en banc commit grave abuse of discretion in ruling that Abundo’s motion for reconsideration merely rehashed arguments already raised before the COMELEC Second Division?
- For purposes of the three-consecutive-term disqualification (Art. X, Sec. 8, 1987 Constitution; Sec. 43(b), RA 7160), did Abundo “fully serve” the 2004–2007 term—i.e., should his partial service after prevailing in an election protest be counted as a full term suc...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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