Case Summary (G.R. No. 201716)
Procedural Timeline
• 2001, 2004, 2007, 2010: Abundo runs for mayor; proclaimed winner in 2001 and 2007.
• May 2004: Abundo loses initial canvass, protests Jose Torres’s proclamation.
• May 9, 2006: Upon favorable protest decision, Abundo assumes the 2004–2007 term.
• May 20, 2010: Torres files disqualification petition before COMELEC First Division.
• June 16, 2010: COMELEC First Division dismisses disqualification; Abundo proclaimed for 2010–2013 term.
• May 21, 2010: Vega institutes quo warranto (Election Case No. 55) before RTC Virac, Catanduanes, seeking to oust Abundo on three-term-limit grounds.
• August 9, 2010: RTC declares Abundo ineligible, treating the one-year-plus service (2006–2007) as a full term.
• February 8, 2012: COMELEC Second Division affirms RTC.
• May 10, 2012: COMELEC en banc denies reconsideration.
• June–July 2012: Execution of COMELEC resolution, issuance of writ of execution, temporary restraining order by the Supreme Court, assumption by vice-mayor and councilor, additional motions and oppositions.
• January 8, 2013: Supreme Court promulgates decision in G.R. No. 201716.
Applicable Law
• 1987 Philippine Constitution, Article X, Section 8: Three-year terms for local elective officials; no more than three consecutive terms; voluntary renunciation not an interruption of continuity.
• Republic Act No. 7160 (Local Government Code), Section 43(b): Mirrors constitutional three-term limit prohibition.
RTC Decision on Quo Warranto
The Regional Trial Court held that Abundo served three consecutive terms:
- 2001–2004 (full term)
- 2004–2007 (deemed full despite May 2006 assumption)
- 2007–2010 (full term)
It applied Aldovino, Jr. v. COMELEC to count even the partial 2004–2007 service as a full term and declared him ineligible for 2010.
COMELEC Resolutions
COMELEC Second Division (Feb 8, 2012) and en banc (May 10, 2012) affirmed the RTC, reasoning that:
• Service of an unexpired portion of a term upon final protest resolution counts as a full term under the three-term rule.
• Abundo never lost title to the office but was only temporarily unable to discharge its functions.
Issues for Review
- Whether the COMELEC en banc gravely abused discretion in treating motion for reconsideration arguments as mere rehash.
- Whether a partially served term (resulting from an election protest) constitutes a full term for purposes of the three-term limit.
Jurisprudential Framework on Term Interruption
• Voluntary Renunciation (Constitution/LGC): Does not interrupt term continuity.
• Involuntary Interruption: Any non-voluntary cessation (successions by law, election protest ouster, recall election, preventive suspension) interrupts continuity and prevents counting the term as full.
Key precedents:
- Borja, Jr. v. COMELEC (1998): Succession by law to fill vacancy is not election to a full term; interruption applies.
- Montebon v. COMELEC (2008): Succession is an involuntary severance and interrupts continuity.
- Adormeo v. COMELEC (2002); Socrates v. COMELEC (2002): Recall election winners served unexpired terms; interim loss counts as interruption.
- Latasa v. COMELEC (2003): Conversion of municipality to city without break does not interrupt service.
- Aldovino, Jr. v. COMELEC (2009): Preventive suspension does not interrupt continuity because title remains.
- Lonzanida v. COMELEC (1999): Election protest loser’s partial service interrupted term.
- Ong v. Alegre (2006); Rivera v. COMELEC (2007); Dizon v. COMELEC (2009): Late-ousted winners who served full term count service; service from start to finish uninterrupted.
Supreme Court’s Analysis
Motion-for-Reconsideration Issue
• No abuse in deeming arguments a reiteration; issues merely amplified from the appeal brief.Core Question: Partial Service by Protest Winner
• Full term = three-year period for which office is held as matter of right and title.
• Abundo held no title or right fro
Case Syllabus (G.R. No. 201716)
Procedural History
- Petition for certiorari under Rule 65 filed by Abelardo Abundo, Sr. to nullify:
• COMELEC Second Division Resolution of February 8, 2012 (EAC [AE] No. A-25-2010)
• COMELEC en banc Resolution of May 10, 2012 affirming the Second Division - Both COMELEC resolutions affirmed the RTC of Virac, Catanduanes, Branch 43 Decision (August 9, 2010) in Election Case No. 55 declaring Abundo ineligible under the three-term limit rule
- Petitioners sought TRO/preliminary injunction; TRO issued July 3, 2012; case records exchanged; writ of execution and service followed; interlocutory motions filed
Antecedent Facts
- Abundo ran for Mayor of Viga, Catanduanes in 2001, 2004, 2007, and 2010
- Proclaimed winner and served full terms in 2001–2004 and 2007–2010
- In 2004, municipal board initially proclaimed Jose Torres; Torres served until Abundo’s protest succeeded
- Abundo declared winner in protest on May 9, 2006, served remaining 2004–2007 term (approx. 1 year + 1 month)
- In 2010, Torres lodged petition to disqualify Abundo under three-term limit; COMELEC First Division denied it; Abundo proclaimed 2010 mayor-elect by 219 votes
- Vega filed quo warranto in RTC (Election Case No. 55) before COMELEC ruled on disqualification
RTC Decision
- August 9, 2010 Decision declared Abundo ineligible to serve as Mayor of Viga
- Cited Aldovino Jr. v. COMELEC: three consecutive terms served (2001–2004; 2004–2007; 2007–2010)
- Counted 2004–2007 as full term despite partial service after protest
- Ordered Abundo’s removal from office
COMELEC Resolutions
- First Division (Feb 8, 2012): affirmed RTC Decision; dismissed Abundo’s appeal for lack of merit
- En banc (May 10, 2012): denied Abundo’s motion for reconsideration; reaffirmed Second Division resolution
- Both held partial service after election protest counts as full term; no involuntary interruption in office
Intervening Events
- June 20, 2012: COMELEC declares its May 10 resolution final and executory; June 21 enters judgment
- June 25: Vega files Motion for Execution in RTC
- June 27–29: COMELEC delivers records to RTC; RTC issues Order granting execution and Writ of Execution
- July 2: Writ served on Abundo via substituted service
- July 3: Supreme Court issues TRO enjoining enforcement of COMELEC resolutions
- July 4–5: Vice-Mayor Tarin and Councilor Cervantes take oaths as Mayor and Vice-Mayor despite TRO
- Subsequent filings: competing manifestions, motions, and comments on TRO/status quo
Issues
- Whether COMELEC en banc committed grave abuse of discretion in:
• Characterizing motion for reconsideration arguments as mere rehash
• Declaring that Abundo served three co