Case Digest (G.R. No. 154829) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Arsenio A. Latasa v. Commission on Elections and Romeo Sunga (G.R. No. 154829, December 10, 2003), petitioner Arsenio A. Latasa was elected municipal mayor of Digos, Davao del Sur, in 1992, 1995, and 1998. During his third term, Republic Act No. 8798 converted the Municipality of Digos into the City of Digos, ratified by plebiscite on September 8, 2000. Under Section 53, Article IX of the City Charter, Latasa continued as hold-over city mayor. On February 28, 2001, he filed his certificate of candidacy for city mayor in the May 14, 2001 elections, disclosing via footnote that he had served three consecutive terms as municipal mayor and was “now running for the first time as city mayor.” On March 1, 2001, private respondent Romeo M. Sunga filed with the COMELEC a petition to deny due course, cancel Latasa’s certificate, and/or disqualify him for allegedly misrepresenting his eligibility under the three-term limit. Latasa answered on March 5, maintained full disclosure, and bot Case Digest (G.R. No. 154829) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Context
- Petitioner: Arsenio A. Latasa, three-term municipal mayor of Digos (1992, 1995, 1998).
- Respondents: Commission on Elections (First Division and en banc) and Romeo M. Sunga, rival candidate for Digos City mayor.
- Chronology of Events
- Republic Act No. 8798 converting Digos into a component city was ratified by plebiscite on September 8, 2000; under §53, Art. IX of the city charter, Latasa served as hold-over city mayor.
- On February 28, 2001, Latasa filed his certificate of candidacy for city mayor, disclosing three consecutive municipal terms and declaring this his first run for city mayor.
- On March 1, 2001, Sunga filed before COMELEC a petition to deny due course to and cancel Latasa’s certificate of candidacy for allegedly misrepresenting his eligibility. Latasa filed his answer on March 5, 2001; both parties submitted position papers on March 19, 2001.
- On April 27, 2001, COMELEC’s First Division issued a resolution canceling Latasa’s certificate for violating the three-term limit; Latasa’s motion for reconsideration (filed May 4, 2001) remained unacted upon through election day.
- Despite the pending motion, Latasa was proclaimed winner on May 17, 2001 (25,335 votes vs. Sunga’s 13,650) and was sworn in as mayor on July 1, 2001.
- On August 27, 2002, the COMELEC en banc denied Latasa’s motion for reconsideration. Latasa then filed a petition for certiorari under Rule 65 before the Supreme Court.
Issues:
- Main Issue
- Whether Arsenio A. Latasa is eligible to run for mayor of the newly created City of Digos immediately after serving three consecutive terms as mayor of the Municipality of Digos, in light of the three-term limit in Article X, Section 8 of the Constitution.
- Secondary Issue
- Whether, upon Latasa’s eventual disqualification, the second-placer, Romeo M. Sunga, should be proclaimed mayor.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)