G.R. No. 246679 - Tallado vs. Commission on Elections

Petitioner Edgardo A. Tallado was duly elected Governor of Camarines Norte in 2010, 2013, and 2016, having fully served his first two terms (2010-2013 and 2013-2016).
The controversy involves his 2016-2019 third term and multiple administrative cases filed against him with the Office of the Ombudsman (OMB), resulting in penalties including suspension and dismissal.

First OMB case filed by Edgardo Gonzales on January 28, 2013, charged petitioner with grave misconduct and abuse of authority.
On October 2, 2015, while Tallado was serving his second term, OMB found him administratively liable and imposed a one-year suspension, immediately implemented by the Department of Interior and Local Government (DILG).
Petitioner appealed to the Court of Appeals (CA), which reduced suspension to six months. Tallado re-assumed office after six months.
In December 2016, the CA restored the one-year suspension, resulting in further controversy.

Second OMB case (filed November 4, 2015) found petitioner guilty of grave misconduct, ordered his dismissal, enforced by DILG in November 2016. Vice Governor Jonah Pedro G. Pimentel was directed to assume Governorship citing Section 44, LGC, contending a permanent vacancy.
CA issued a temporary restraining order (TRO) on December 12, 2016, stopping implementation; petitioner reassumed office.
Third OMB case involved petitioner’s re-assumption despite suspension; OMB again ordered dismissal on January 11, 2018; DILG enforced, and Pimentel again assumed office in March 2018.
On September 26, 2018, CA modified dismissal penalty to six months suspension; DILG reinstated petitioner after suspension period.

Petitioner filed Certificate of Candidacy (COC) for Governor in October 2018 for 2019 elections.
Private respondents challenged COC based on three-term limit rule; COMELEC First Division canceled petitioner’s COC in March 2019, holding that petitioner had fully served three consecutive terms without term interruption.
COMELEC En Banc denied reconsideration in May 2019, affirming First Division resolution; Commissioners dissented.
Petitioner filed certiorari petition before the Supreme Court.
Supreme Court issued status quo ante orders; petitioner won and proclaimed Governor in May 2019.

Petitioner argued that dismissals caused involuntary interruptions in his third term, preventing application of three-term limit rule and rendering him eligible to run.
COMELEC contended dismissals were not final, that petitioner did not lose title to office, and vacancies were temporary; hence no term interruption occurred.
Office of the Solicitor General (OSG) supported petitioner’s contention that term was interrupted due to loss of office.
Respondents Villamin and Jalgalado asserted that petitioner never lost office title as dismissals were not final and vacancies were only temporary.

Whether the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in sustaining the cancellation of petitioner’s Certificate of Candidacy.

Whether petitioner lost title to his office during his third term, constituting an involuntary interruption that prevents application of the three-term limit rule and thus renders petitioner eligible to run for Governor in the 2019 elections.

Whether petitioner’s twice removal from office during his third term created a permanent vacancy in the gubernatorial post.