Case Summary (G.R. No. 154829)
Key Dates
- 1992, 1995, 1998: Latasa elected municipal mayor
- September 8, 2000: Plebiscite ratifying RA 8798
- February 28, 2001: Latasa filed certificate of candidacy for city mayor
- March 1, 2001: Sunga filed petition to cancel Latasa’s candidacy
- April 27, 2001: COMELEC First Division cancelled Latasa’s certificate of candidacy
- May 14, 2001: Elections held
- May 17, 2001: Latasa proclaimed winner
- August 27, 2002: COMELEC en banc denied reconsideration
- December 10, 2003: Supreme Court decision
Applicable Law
- 1987 Philippine Constitution, Article X, Section 8 (three-term limit for local elective officials)
- Local Government Code of 1991, Sections 7 (creation and conversion) and 450 (requisites for cityhood)
- Republic Act No. 8798 (Charter of the City of Digos), Sections 2 and 53
- Rule 65, Rules of Court (certiorari)
Facts
Latasa served three consecutive terms (1992–2001) as municipal mayor. Upon conversion to city, Section 53 of the City Charter placed him in a hold-over capacity as city mayor. He filed for election as city mayor for the first time on February 28, 2001, disclosing his three terms as municipal mayor. Sunga challenged Latasa’s eligibility before COMELEC, alleging violation of the constitutional three-term limit. The First Division cancelled Latasa’s certificate of candidacy; his motion for reconsideration remained pending until after the elections. Despite COMELEC’s resolution, Latasa was proclaimed winner. Sunga pursued further motions, but the COMELEC en banc ultimately denied relief, prompting Latasa’s petition for certiorari to the Supreme Court.
Issue
Whether Latasa, having served three consecutive terms as municipal mayor, was barred under the 1987 Constitution from running immediately for city mayor of the same territorial jurisdiction.
Court’s Analysis
Three-Term Rule and Framers’ Intent
– Article X, Section 8 prohibits more than three consecutive terms in the same local office to prevent concentration of power.
– Constitutional Commission debates rejected lifetime bans and opted for a one-term interruption after three terms.Juridical Personality vs. Territorial Continuity
– Although a municipality and a city have distinct corporate personalities, the City of Digos retained the identical territory, electorate, and boundaries of the former municipality.
– Latasa continued to exercise chief-executive functions over the same inhabitants without interruption.Precedents Distinction
– Borja Jr. v. COMELEC: service by succession for an unexpired term does not count as full term.
– Lonzanida v. COMELEC: involuntary vacancy interrupted service.
– Adormeo v. COMELEC
Case Syllabus (G.R. No. 154829)
Procedural Background
- Petition for certiorari under Rule 65 of the Rules of Court filed before the Supreme Court.
- Challenged COMELEC First Division Resolution dated April 27, 2001 in SPA Case No. 01-059.
- First Division denied due course to Latasa’s certificate of candidacy, disqualified him for mayoralty race in Digos City, and voided any proclamation.
- COMELEC en banc Resolution of August 27, 2002 denied Latasa’s Motion for Reconsideration.
- Petition filed after en banc denial; election of May 14, 2001 had already taken place, with Latasa proclaimed winner.
Statement of Facts
- Arsenio A. Latasa elected municipal mayor of Digos in 1992, 1995, and 1998—three consecutive terms.
- Republic Act No. 8798 converted Municipality of Digos into Component City of Digos; plebiscite ratified on September 8, 2000.
- Under City Charter Section 53, incumbent municipal officials—including Latasa—served in hold-over capacity as city officials.
- Latasa filed certificate of candidacy on February 28, 2001, declaring eligibility and noting first run for city mayor despite three prior municipal terms.
- Romeo M. Sunga filed Petition to Deny Due Course on March 1, 2001, alleging false representation and violation of the three-term rule.
- COMELEC First Division, on April 27, 2001, cancelled Latasa’s certificate for violating three-term limit (Constitution Art. X, Sec. 8; LGC).
- Latasa’s Motion for Reconsideration filed May 4, 2001 was not acted upon before elections.
- Sunga sought TRO after Latasa’s proclamation; Latasa nonetheless proclaimed and assumed office on July 1, 2001.
- COMELEC en banc denied reconsideration August 27, 2002, prompting this Supreme Court petition.
Legal Issue
- Whether Latasa, having served three consecutive terms as municipal mayor, is eligible to run immediately as city mayor of the newly created City of Digos without violating the three-term limit provision of the 1987 Constitution.
Relevant Constitutional and Statutory Provisions
- 1987 Constitution, Article X, Section 8: elective local officials serve three-year terms, no more than three consecutive terms; renunciation does not i