Case Digest (G.R. No. 227775)
Facts:
Simon B. Aldovino, Jr., Danilo B. Faller, and Ferdinand N. Talabong (petitioners) challenged the 2007 certificate of candidacy of Wilfredo F. Asilo, a three‐term councilor of Lucena City (1998-2001, 2001-2004, 2004-2007). In September 2005, during his third term, the Sandiganbayan preventively suspended Asilo for 90 days in connection with a criminal case, barring him from his functions and salary. On November 9, 2005, the Supreme Court lifted the suspension, and Asilo resumed and completed his term. When he filed for a fourth term in the 2007 election, the petitioners sought to deny or cancel his candidacy, arguing that he had already served three consecutive terms in violation of Section 8, Article X of the 1987 Constitution and Section 43(b) of RA 7160 (Local Government Code). The Commission on Elections Second Division and later its En Banc held that Asilo’s preventive suspension effectively interrupted his third term, allowing him to seek another term. The petitioners thenCase Digest (G.R. No. 227775)
Facts:
- Parties and Context
- Simon B. Aldovino, Jr., Danilo B. Faller and Ferdinand N. Talabong (petitioners) vs. Commission on Elections (COMELEC) and Wilfredo F. Asilo (respondent) before the Supreme Court en banc.
- Asilo served as Lucena City councilor for three consecutive terms (1998–2001; 2001–2004; 2004–2007).
- Preventive Suspension and Candidacy Challenge
- In September 2005, the Sandiganbayan 4th Division preventively suspended Asilo for 90 days in connection with a criminal case.
- On November 9, 2005, this Court lifted the suspension; Asilo resumed and completed his term.
- For the 2007 election, Asilo filed his certificate of candidacy for a fourth term. The petitioners moved to cancel it, alleging violation of the three-term limit under Section 8, Article X of the Constitution and Section 43(b) of RA 7160.
- The COMELEC Second Division (November 28, 2007) and the COMELEC en banc (October 7, 2008) ruled in Asilo’s favor, holding that the preventive suspension interrupted his third term and exempted him from the term limit.
Issues:
- Does preventive suspension of an elected local official interrupt his term of office for purposes of the three-term limit rule under Section 8, Article X of the Constitution and Section 43(b) of RA 7160?
- Is preventive suspension considered an “involuntary renunciation” of office as contemplated in Section 43(b) of RA 7160?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)