Case Digest (G.R. No. 154829)
Facts:
Arsenio A. Latasa v. Commission on Elections, and Romeo Sunga, G.R. No. 154829, December 10, 2003, Supreme Court En Banc, Azcuna, J., writing for the Court. This is a petition for certiorari under Rule 65 challenging (a) the COMELEC First Division Resolution of April 27, 2001 in SPA Case No. 01-059 that denied due course to petitioner Latasa’s certificate of candidacy and declared him disqualified to run for mayor of Digos City, and (b) the COMELEC en banc Resolution of August 27, 2002 denying his motion for reconsideration.Petitioner Arsenio A. Latasa had been elected municipal mayor of Digos in 1992, 1995 and 1998. During his third term the Municipality of Digos was converted into the City of Digos by R.A. No. 8798, ratified by plebiscite on September 8, 2000; under Section 53 of the city charter municipal elective officials continued to exercise powers in a hold‑over capacity until new city officials were elected. Latasa took his oath as city mayor in this hold‑over capacity.
On February 28, 2001 Latasa filed a certificate of candidacy for city mayor for the May 14, 2001 elections, disclosing by footnote that he had served three consecutive terms as municipal mayor and was running for city mayor for the first time. On March 1, 2001 private respondent Romeo M. Sunga, also a mayoral candidate, filed before the COMELEC a petition to deny due course/cancel certificate and/or for disqualification alleging Latasa’s certificate falsely represented eligibility because Latasa had already served three consecutive terms as mayor (1992–2001).
The parties filed answers and position papers. On April 27, 2001 the COMELEC First Division issued the challenged Resolution cancelling Latasa’s certificate for violating the three‑term rule under the 1987 Constitution and the Local Government Code. Latasa filed a motion for reconsideration on May 4, 2001 which remained unacted upon through election day. Despite an ex parte TRO motion filed by Sunga on May 16, 2001, Latasa was proclaimed winner on May 17, 2001 ...(Pro-only)
Issues:
- Whether petitioner Latasa is barred by the three‑term limitation of Article X, Section 8 of the 1987 Constitution from running for mayor of the newly created City of Digos after having been elected and having served three consecutive terms as municipal mayor of Digos.
- Whether the disqualification of the proclaimed winner (Latasa) entitles the second placer (Sunga) to proclamation as winner or whether the election becomes ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)