Case Summary (G.R. No. 135150)
Petitioner and Respondents
Petitioner: Romeo Lonzanida, whose certificate of candidacy for mayor of San Antonio, Zambales in May 1998 was challenged.
Respondents: COMELEC (First Division and En Banc) and Eufemio Muli.
Key Dates
- May 1992 & May 1995: Lonzanida elected and re-elected mayor (two consecutive terms)
- January 9, 1997: RTC declares failure of elections, vacates 1995 results
- November 13, 1997: COMELEC declares Alvez duly elected 1995 mayor
- February 27, 1998: Writ of execution; Lonzanida removed, Alvez assumes office
- April 21, 1998: Muli files petition to disqualify Lonzanida for having served three consecutive terms
- May 13, 1998: Lonzanida proclaimed winner of May 1998 elections
- May 21 & August 11, 1998: COMELEC divisions issue resolutions disqualifying Lonzanida
- July 28, 1999: Supreme Court issues decision
Applicable Law
- 1987 Constitution, Art. X, § 8: Local elective officials serve three-year terms and may not serve more than three consecutive terms; voluntary relinquishment does not interrupt a full term
- Local Government Code (R.A. 7160), § 43(b): Mirrors the three-term limit and continuity rule
- R.A. 6646, § 6; COMELEC Rules of Procedure, Rule 25: COMELEC retains jurisdiction over disqualification petitions filed before election, even after proclamation
Factual Background
Lonzanida served two full terms as San Antonio mayor (1992–1995). After his 1995 reelection, an election protest by Alvez succeeded: the RTC declared a failure of elections, and on appeal COMELEC ruled Alvez the rightful winner and ordered Lonzanida’s removal in early 1998. In April 1998, Muli filed a disqualification petition, alleging Lonzanida had already served three consecutive terms. Despite Lonzanida’s proclamation as winner in May 1998, COMELEC First Division and En Banc disqualified him, counting the interrupted 1995–1998 service as a full term.
Issue: Counting the 1995–1998 Service for Term-Limit Purposes
Does Lonzanida’s assumption of office from May 1995 to March 1998—later vacated by final election protest ruling—constitute “service of a term” under the 1987 Constitution and Local Government Code?
Constitutional and Statutory Provisions
Article X, Section 8 of the 1987 Constitution and Section 43(b) of the Local Government Code bar local elective officials from more than three consecutive terms, defining “service of a term” as uninterrupted tenure resulting from valid election. R.A. 6646 and COMELEC rules preserve COMELEC’s jurisdiction over pre-election disqualification petitions regardless of subsequent proclamation.
Interpretation of the Three-Term Limit
Supreme Court jurisprudence (Benjamin Borja Jr. v. COMELEC) requires two conjunctive conditions for disqualification:
- The official must have been duly elected to the same position for three consecutive terms.
- The official must have fully served each of those terms.
“Service” contemplates election-based, uninterrupted tenure; voluntary renunciation does not interrupt continuity, but involuntary cessation before term end does.
Application to Lonzanida’s Case
- Duly Elected? COMELEC’s final judgment declared Lonzanida not duly elected in May 1995; his proclamation was void ab initio.
- Full Term Served? He was removed before the 1995–1998 term expired, satisfying n
Case Syllabus (G.R. No. 135150)
Procedural History
- Petition for certiorari under Rule 65 filed by Romeo Lonzanida to annul COMELEC First Division resolution (May 21, 1998) and COMELEC En Banc resolution (August 11, 1998) in SPA 98-190 disqualifying him from the May 1998 mayoral race.
- The contested COMELEC resolutions declared Lonzanida disqualified for having allegedly served three consecutive terms as Mayor of San Antonio, Zambales, and voided any proclamation or votes in his favor.
- Lonzanida secured a writ of execution on February 27, 1998 ordering him out of office following the COMELEC’s November 13, 1997 decision in an election protest by Juan Alvez.
Facts
- Lonzanida served two full terms as Mayor of San Antonio, Zambales before the May 8, 1995 elections and was proclaimed winner for a third consecutive term in May 1995.
- Juan Alvez filed an election protest; RTC-Zambales (January 9, 1997) declared a failure of elections and vacated the mayoralty.
- On November 13, 1997, the COMELEC, after ballot revision, declared Alvez winner (1,720 vs. 1,488 votes) and ordered Lonzanida’s removal; Alvez assumed office.
- Lonzanida filed his 1998 certificate of candidacy; opponent Eufemio Muli filed a pre-election disqualification petition (April 21, 1998) alleging Lonzanida had already served three straight terms.
- Despite being proclaimed winner on May 13, 1998, Lonzanida was disqualified by COMELEC Fi