G.R. No. 184082 - Bolos, Jr. vs. Commission on Elections

Petitioner, Nicasio Bolos, Jr., was elected as Punong Barangay of Barangay Biking, Dauis, Bohol in three consecutive Barangay Elections held in 1994, 1997, and 2002.
These three consecutive terms satisfied the first condition of the term limit rule for local elective officials as provided under Section 8, Article X of the Constitution and Section 43(b) of R.A. No. 7160 (Local Government Code).

In May 2004, while still serving as the incumbent Punong Barangay, petitioner ran for and won as Municipal Councilor (Sangguniang Bayan member) of Dauis, Bohol.
Upon winning, he assumed office on July 1, 2004, which implied that he relinquished his post as Punong Barangay before he could complete the full term for which he was elected (which was scheduled to end in 2007).

Respondent, Rey Angeles Cinconiegue—the incumbent Punong Barangay and also a candidate for the same office in the October 29, 2007 Barangay and Sangguniang Kabataan Elections—filed a petition before COMELEC seeking the disqualification of petitioner on the ground that he had already served the full three-term limit.
The main factual controversy centered on whether petitioner’s assumption of office as Municipal Councilor constituted a voluntary renunciation of his Barangay post or an involuntary interruption by operation of law.
Petitioner argued that his leaving the Punong Barangay office was merely the effect of his election to a higher office (by operation of law) and that the incomplete service of his third term should be treated as an interruption, thereby preserving his eligibility.

Following a petition for disqualification, the case was heard by the Provincial Election Supervisor of Bohol and later endorsed to COMELEC.
In a Resolution dated March 4, 2008, the First Division of COMELEC ruled that petitioner’s assumption of the Municipal Councilor office was a voluntary renunciation of his Barangay office.
The resolution disqualified petitioner from running as Punong Barangay in the October 29, 2007 elections; his proclamation was annulled, and the succession to the office was to be governed by Section 44 of the Local Government Code.
Petitioner’s motion for reconsideration was subsequently denied by the COMELEC en banc in a Resolution dated August 7, 2008.

Whether petitioner’s election, assumption, and performance of the functions of a Sangguniang Bayan member constitutes a voluntary renunciation of his office as Punong Barangay.
Whether such renunciation, deemed voluntary, results in an uninterrupted and continuous service for the full term (2004–2007) in the position of Punong Barangay.

If the relinquishment is determined as a voluntary renunciation, petitioner would be considered to have served three consecutive terms, thus triggering his disqualification for running for the same office in the October 29, 2007 elections.
Conversely, if it were found to be an involuntary interruption (i.e., by operation of law), his service would be interrupted so that the preceding and subsequent periods would not merge to form continuous, consecutive service.