Case Summary (G.R. No. 198688)
Factual Antecedents
Naval served as Sanggunian member of Camarines Sur’s Second District for two terms (2004–2010). RA 9716 reconfigured the old Second District (minus Gainza, Milaor) into the renamed Third District. Naval was elected from this Third District in 2010 and ran again in 2013. Julia filed to cancel his COC, alleging violation of the three‐term limit.
COMELEC Second Division Resolution
The Second Division held that Naval had served “three consecutive terms in the same local government post” over identical territory and electorate. Citing Lonzanida v. COMELEC, it found that mere renaming does not alter continuity of service and that the electorate remained essentially the same. It cancelled Naval’s COC for material misrepresentation under OEC §78.
COMELEC En Banc Resolution
The En Banc denied Naval’s motion for reconsideration, reaffirming that (1) the reconfigured Third District retained the same core municipalities and voters, (2) Latasa v. COMELEC treated conversion/renaming as not creating a new office, and (3) Article X, §8 and LGC §43(b) apply inflexibly to prevent more than three consecutive terms.
Petitioner’s Contentions
Naval argued that Sanggunian members are elected per legislative district, and the Third District constitutes a distinct electorate after excluding Gainza and Milaor. He invoked Borja v. COMELEC to assert that the three‐term limit applies only if one is elected thrice from the same district. He maintained Bandillo v. Hernandez supports a reset when district composition changes.
Office of the Solicitor General’s Position
The OSG urged denial of the petition, contending that Naval knowingly filed an ineligible COC, that the district renaming did not alter continuity of service, and that Bandillo is distinguishable because it involved addition (not mere renaming) of municipalities and creation of a new district.
Supreme Court’s Deliberation on Term Limits
The Court emphasized: (1) elections ensure representative democracy but are subject to constitutional term limits; (2) term limits in Art X, §8 and LGC §43(b) are “inflexible” and must be strictly applied; (3) the 1987 Constitutional Commission adopted a compromise barring immediate re‐election after three consecutive terms to prevent power entrenchment while allowing a one‐term break.
Analysis of RA 9716 Reapportionmen
...continue readingCase Syllabus (G.R. No. 198688)
Facts of the Case
- Angel G. Naval served as Member of the Sangguniang Panlalawigan, Second District of Camarines Sur, from 2004–2007 and 2007–2010.
- Republic Act No. 9716 (approved October 12, 2009) reapportioned legislative districts in Camarines Sur:
• A new Second District was created by merging five towns of the old First District with the towns of Gainza and Milaor.
• The old Second District (minus Gainza and Milaor) was renamed as the Third District.
• The old Third and Fourth Districts were simply renamed as the Fourth and Fifth Districts, respectively. - In 2010, Naval was elected as Member of the Sangguniang Panlalawigan for the newly named Third District; he was re-elected in 2013.
- Nelson B. Julia also ran for Sangguniang Panlalawigan, Third District, in 2013.
Procedural History
- October 29, 2012: Julia filed a Verified Petition under Section 78 of the Omnibus Election Code to deny due course to or cancel Naval’s Certificate of Candidacy (COC), alleging violation of the three-term limit.
- March 5, 2013: The COMELEC Second Division (SPA No. 13-166 [DC]) granted Julia’s petition and cancelled Naval’s COC.
- June 5, 2013: The COMELEC en banc denied Naval’s Motion for Reconsideration.
- Naval elevated the case to the Supreme Court via Petition for Certiorari under Rule 64, seeking injunctive reliefs.
Issues Presented
- Does reapportionment and renaming of legislative districts reset or interrupt the three-term limit for a Sangguniang Panlalawigan member?
- Is Naval’s fourth candidacy—this time for the renamed Third District—contrary to the constitutional and statutory three-term limit?
COMELEC Second Division Resolution
- Held Naval’s COC contained false material misrepresentation under Section 78, OEC.
- Relied on Lonzanida v. COMELEC: disqualification applies only when an official has been both elected and fully served three consecutive terms in the same local post and constituency.
- Determined the new Third District comprised substantially the same electorate as the old Second District (minus only two towns).
- Distinguished Bandillo v. Hernandez, where the addition of towns created a materially new electorate.
- Concluded Naval was ineligible to run in 2013.
COMELEC en banc Resolution
- Denied Naval’s Motion for Reconsideration for lac