Title
Lonzanida vs. Commission on Elections
Case
G.R. No. 135150
Decision Date
Jul 28, 1999
Romeo Lonzanida's 1995-1998 mayoral term, invalidated by COMELEC, did not count toward the three-term limit, as he was not duly elected and did not serve fully, preserving his eligibility for the 1998 elections.

Case Digest (G.R. No. 135150)
Expanded Legal Reasoning Model

Facts:

  • Romeo Lonzanida’s Prior Service
    • Served two consecutive terms as Municipal Mayor of San Antonio, Zambales (before May 1995).
    • Ran in the May 8, 1995 elections; was proclaimed winner and assumed office.
  • Election Protest by Juan Alvez
    • Juan Alvez filed protest before RTC Zambales; January 9, 1997 decision declared a failure of elections and vacancy of the mayoralty.
    • COMELEC (Nov. 13, 1997) resolved protest in favor of Alvez (1,720 vs. 1,488 votes); Lonzanida was ordered out by writ of execution (Feb. 27, 1998) and Alvez assumed office.
  • 1998 Mayoral Elections and Disqualification Petition
    • Lonzanida filed Certificate of Candidacy for May 11, 1998 elections; Eufemio Muli filed petition to disqualify him (April 21, 1998) alleging he had already served three consecutive terms.
    • Lonzanida was proclaimed winner (May 13, 1998); COMELEC First Division (May 21) and En Banc (Aug. 11, 1998) resolutions held him disqualified and struck out all votes cast for him.
  • Contentions in Supreme Court
    • Petitioner Lonzanida:
      • Only duly elected for two terms; 1995–1998 tenure should not count because he was later unseated.
      • COMELEC lost jurisdiction after his proclamation; proper remedy is quo warranto before RTC.
    • Respondent Muli:
      • Petition timely filed before elections; COMELEC retains jurisdiction under RA 6646 §6 and COMELEC Rule 25.
      • Lonzanida discharged mayoral duties for nearly three years (1995–1998), thus service counts as one full term.
    • Solicitor-General (COMELEC):
      • Term-limit bars more than three consecutive “service of a term,” and service is measured by discharge of duties.
      • COMELEC proper forum for disqualification petitions filed before elections.

Issues:

  • Does Lonzanida’s assumption of office (May 1995–March 1998) count as service of one full term for purposes of the three-term limit under the Constitution and LGC?
  • Did the COMELEC retain jurisdiction to resolve the disqualification petition after Lonzanida’s proclamation in the 1998 elections?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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