Case Summary (G.R. No. 133495)
Term Limit Provision under the 1987 Constitution
Article X, Section 8 provides that elective local officials shall serve three-year terms but “shall serve for no more than three consecutive terms.” It adds that voluntary renunciation does not interrupt service “for the full term for which he was elected,” thereby focusing on terms obtained by election.
Commission on Elections’ Rulings
The COMELEC majority held that the term-limit bars only those terms for which the official was elected. Since Capco’s first period as Mayor resulted from succession by operation of law, it did not count toward the three-term ceiling.
Policy Underpinnings of Term Limits
Reviewing the 1986 Constitutional Commission debates, the Court noted two objectives: preventing power monopolies and preserving voters’ freedom of choice. The drafters rejected proposals for perpetual disqualification after three terms, preferring a single-election bar to protect voters’ rights to select their officials.
Textual Analysis of “Term” and “Elected”
The Court emphasized that the constitutional phrase “term of office…for which he was elected” distinguishes elected service from mere succession. The renunciation clause applies only to terms won at the ballot, thus excluding an unexpired term assumed by operation of law.
Congressional Succession Analogy
In the legislative context, a Representative elected in a special election to fill a vacancy serves an “elected” unexpired term counted for term-limit purposes. By contrast, a vice-mayor’s automatic succession does not involve election to the unexpired term and therefore is not counted.
Vice-Presidential Succession Distinction
Although Article VII, Section 4 bars a Vice-President who serves over four years as President from reelection, that provision was necessary to prevent circumvention of the presidential six-year single term. No similar provision exists for local officials, underscoring the constitutional intent to count only elected terms.
Illustrative Hypothetical Scenarios
The Court posed hypotheticals demonstrating that (1) a vice-mayor who succeeds, resigns, and is elected twice may still run again because only elected terms count; (2) a Ma
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Facts of the Case
- Jose T. Capco, Jr. was elected Vice-Mayor of Pateros on January 18, 1988, for a term ending June 30, 1992.
- On September 2, 1989, upon the death of Mayor Cesar Borja, Capco succeeded by operation of law and served the remainder of that term.
- Capco ran for Mayor on May 11, 1992, won a three-year term (ending June 30, 1995), and was reelected on May 8, 1995, for another three-year term (ending June 30, 1998).
- On March 27, 1998, Capco filed his Certificate of Candidacy for Mayor for the May 11, 1998 elections.
- Benjamin U. Borja, Jr., another mayoral candidate, petitioned for Capco’s disqualification, arguing that he would have served three consecutive terms by June 30, 1998.
Procedural History
- April 30, 1998: The COMELEC Second Division ruled in favor of Borja and disqualified Capco.
- May 7, 1998: On Capco’s motion, the COMELEC en banc (5–2) reversed the Second Division, declaring him eligible.
- Capco received 16,558 votes against Borja’s 7,773 in the municipal canvass and was proclaimed elected.
- Borja filed a petition for certiorari with the Supreme Court to set aside the COMELEC en banc resolution and disqualify Capco.
Issue
- Whether a Vice-Mayor who succeeds to the Mayoralty by operation of law and serves the unexpired term is deemed to have served one of the three consecutive terms barred by Article X, Section 8 of the Constitution and Section 43(b) of the Local Government Code.
Constitutional and Statutory Provisions
- Article X, Section 8, 1987 Constitution:
• Elective local officials serve three-year terms and “no such official shall serve for more than three consecutive terms.”
• Voluntary renunciation does not interrupt continuity of service for the term “for which he was elected.” - Section 43(b), Local Government Code (R.A. No. 7160):
• No local elective official shall serve more than three consecutive terms in the same position.
• Voluntary renunc