G.R. No. 180444 - Montebon vs. Commission on Elections

Parties and Background
Petitioners Federico T. Montebon and Eleanor M. Ondoy versus respondent Sesinando F. Potencioso Jr., all candidates for municipal councilor of Tuburan, Cebu in the May 14, 2007 elections.
On April 30, 2007, petitioners (with other councilor candidates) filed before the COMELEC a petition for disqualification, alleging that respondent had been elected and served three consecutive terms (1998–2001, 2001–2004, 2004–2007) and was therefore barred from running for the same position in 2007.

Respondent’s Claim and Petitioners’ Opposition
Respondent admitted election to three successive terms but contended that his second term (2001–2004) was interrupted on January 12, 2004, when he succeeded by operation of law as vice mayor following Vice Mayor Mendoza’s retirement.
Petitioners argued that such succession constituted a voluntary renunciation of the councilor office, which under the Constitution and Local Government Code does not interrupt the continuity of service.

COMELEC Proceedings and Resolutions
May 10, 2007 hearing; parties filed memoranda.
June 2, 2007 First Division denied the disqualification petition, ruling that succession to vice mayor was involuntary and thus interrupted respondent’s service.
September 28, 2007 En Banc denied the motion for reconsideration, affirming that respondent’s succession reset his term count.

Supreme Court Petition
Petitioners filed a petition for certiorari before the Supreme Court, alleging grave abuse of discretion by the COMELEC in treating respondent’s succession as an interruption.
The Supreme Court dismissed the petition for lack of merit and affirmed both COMELEC resolutions.

Term-Limit Disqualification
Whether respondent, having been elected municipal councilor three consecutive times, is barred from running again under Art. X, Sec. 8 of the 1987 Constitution and Sec. 43(b) of the Local Government Code.
Interruption of Service
Whether respondent’s assumption of the vice mayoralty by operation of law constitutes an interruption (involuntary severance) or a voluntary renunciation of his councilor term for term-limit purposes.