Case Summary (G.R. No. L-8922-24)
Factual Background
Nicasio Bolos, Jr. served as the Punong Barangay of Barangay Biking, Dauis, Bohol for three consecutive terms, having been elected in 1994, 1997, and 2002. In May 2004, while still an incumbent, he ran and won the position of Municipal Councilor, which led to his assumption of office on July 1, 2004, effectively leaving his post as Punong Barangay. Bolos completed his term as Municipal Councilor until June 30, 2007, and subsequently filed his Certificate of Candidacy to run again for the position of Punong Barangay in the October 29, 2007 elections.
Disqualification Petition
Incumbent Punong Barangay Rey Angeles Cinconiegue filed a petition with the COMELEC to disqualify Bolos, arguing that he was ineligible to run due to having served three consecutive terms. Cinconiegue posited that Bolos voluntarily relinquished his office as Punong Barangay, thereby completing his three-term limit as outlined in Section 8, Article X of the Constitution and Section 43(b) of the Local Government Code.
Petitioner’s Argument
Bolos contended that his election as Municipal Councilor interrupted his terms as Punong Barangay by operation of law, thus not constituting a voluntary renunciation. He maintained that the COMELEC's interpretation of his actions was erroneous and that he had not fully served his third term as Punong Barangay.
COMELEC's Initial Ruling
In a Resolution dated March 4, 2008, the COMELEC ruled in favor of Cinconiegue, stating Bolos's actions amounted to voluntary renunciation of his position as Punong Barangay, disqualifying him from running in the upcoming elections. Bolos’s motion for reconsideration was subsequently denied in an August 7, 2008 resolution.
Legal Issues
The primary issue for determination was whether Bolos's assumption of the role of Municipal Councilor constituted a voluntary renunciation of his position as Punong Barangay, thereby disqualifying him from seeking further election to that office. The court had to evaluate if the terms served were consecutive in light of Bolos’s claims of involuntary interruption due to his election to a higher office.
Court's Analysis
The court affirmed the COMELEC's position, citing the three-term limit as laid out in the Constitution and the Local Government Code. It reasoned that the phrase "voluntary renunciation" included any acti
...continue readingCase Syllabus (G.R. No. L-8922-24)
Case Background
- The case involves a petition for certiorari filed by Nicasio Bolos, Jr. against the Commission on Elections (COMELEC) and Rey Angeles Cinconiegue.
- The petition alleges that COMELEC committed grave abuse of discretion in its resolutions dated March 4, 2008, and August 7, 2008, which disqualified Bolos as a candidate for Punong Barangay of Barangay Biking, Dauis, Bohol.
- The disqualification was grounded on the claim that Bolos had served the three-term limit as stipulated by the Constitution and Republic Act (R.A.) No. 7160, known as the Local Government Code of 1991.
Facts of the Case
- Bolos was elected as Punong Barangay for three consecutive terms in the barangay elections of 1994, 1997, and 2002.
- In May 2004, while serving as Punong Barangay, he ran for Municipal Councilor of Dauis, Bohol, and won, assuming office on July 1, 2004.
- Following his assumption as Municipal Councilor, Bolos left his position as Punong Barangay and served until June 30, 2007.
- In October 2007, he filed a Certificate of Candidacy for a new term as Punong Barangay, leading to a petition filed by incumbent Cinconiegue for his disqualification based on the three-term limit.
Legal Issues Presented
- The central issue was whether Bolos’ election and subsequent assumption of the Municipal Councilor position constituted a voluntary renunciation of his role as Punong Barangay, thus rendering his