Case Digest (G.R. No. 133495)
Facts:
Borja v. Commission on Elections and Capco, G.R. No. 133495, September 03, 1998, the Supreme Court En Banc, Mendoza, J., writing for the Court. The petition challenges a COMELEC en banc resolution declaring Jose T. Capco, Jr. eligible to run for mayor of Pateros in the May 11, 1998 elections.Respondent Capco was elected vice-mayor of Pateros on January 18, 1988 for a term ending June 30, 1992. He became mayor by operation of law on September 2, 1989 upon the death of Mayor Cesar Borja and served the unexpired term. He was then elected mayor on May 11, 1992 (term 1992–1995) and reelected May 8, 1995 (term 1995–1998). On March 27, 1998 Capco filed a certificate of candidacy for mayor in the May 11, 1998 elections.
Petitioner Benjamin U. Borja, Jr., also a candidate for mayor, sought to disqualify Capco on the ground that by June 30, 1998 Capco would have already served three consecutive terms as mayor — the unexpired 1989–1992 term plus 1992–1995 and 1995–1998 — thus rendering him ineligible under Art. X, §8 of the 1987 Constitution and §43(b) of the Local Government Code (R.A. No. 7160).
The Second Division of the Commission on Elections initially ruled for petitioner and declared Capco disqualified (April 30, 1998). On motion, the COMELEC en banc reversed by a 5–2 vote (May 7, 1998), holding that the three-term limitation refers to terms “for which the local official was elected,” and therefore Capco’s succession by operation of law to complete an unexpired term is not counted. Capco thereafter received the plurality of votes and was proclaimed elected.
Petitioner filed a petition for certiorari in the Supreme Court...(Pro-only)
Issues:
- Does a vice‑mayor who succeeds to the office of mayor by operation of law and serves the unexpired term count as having served a term in that office for purposes of the three‑consecutive‑term limitation under Art. X, §8 of the 1987 Constitution and §43(b) ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)