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    Lonzanida Vs Comelec

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    Elyn Apiado
    This case involves Romeo Lonzanida, who served two consecutive terms as mayor of San Antonio, Zambales. In 1995, he was proclaimed winner again but was later unseated. The COMELEC ruled his time in office from 1995-1998 counted as a full term, disqualifying him in 1998 based on the three-term limit. The Supreme Court ruled that his 1995 term could not be considered full as he did not fully serve and was not the duly elected mayor. To apply the three-term limit, one must have been elected for three consecutive terms and fully served three consecutive terms, which was not the case here. The COMELEC resolution disqualifying him was set

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    Lonzanida Vs Comelec

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    Elyn Apiado
    109 views2 pages
    This case involves Romeo Lonzanida, who served two consecutive terms as mayor of San Antonio, Zambales. In 1995, he was proclaimed winner again but was later unseated. The COMELEC ruled his time in office from 1995-1998 counted as a full term, disqualifying him in 1998 based on the three-term limit. The Supreme Court ruled that his 1995 term could not be considered full as he did not fully serve and was not the duly elected mayor. To apply the three-term limit, one must have been elected for three consecutive terms and fully served three consecutive terms, which was not the case here. The COMELEC resolution disqualifying him was set

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    6. Lonzanida vs Comelec

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    This case involves Romeo Lonzanida, who served two consecutive terms as mayor of San Antonio, Zambales. In 1995, he was proclaimed winner again but was later unseated. The COMELEC ruled his time in office from 1995-1998 counted as a full term, disqualifying him in 1998 based on the three-term limit. The Supreme Court ruled that his 1995 term could not be considered full as he did not fully serve and was not the duly elected mayor. To apply the three-term limit, one must have been elected for three consecutive terms and fully served three consecutive terms, which was not the case here. The COMELEC resolution disqualifying him was set

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    109 views2 pages

    Lonzanida Vs Comelec

    Uploaded by

    Elyn Apiado
    This case involves Romeo Lonzanida, who served two consecutive terms as mayor of San Antonio, Zambales. In 1995, he was proclaimed winner again but was later unseated. The COMELEC ruled his time in office from 1995-1998 counted as a full term, disqualifying him in 1998 based on the three-term limit. The Supreme Court ruled that his 1995 term could not be considered full as he did not fully serve and was not the duly elected mayor. To apply the three-term limit, one must have been elected for three consecutive terms and fully served three consecutive terms, which was not the case here. The COMELEC resolution disqualifying him was set

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    LONZANIDA vs COMELEC

    GR No, 13150; July 28, 1999


    GONZAGA-REYES, J.:

    STATEMENT OF FACTS:
    Romeo Lonzanida was duly elected and served two consecutive terms as municipal mayor
    of San Antonio, Zambales prior to the May 1995 elections. In the May 1995 elections, Lonzanida
    ran for mayor of San Antonio, Zambales and was again proclaimed winner. He assumed office and
    discharged the duties thereof. His proclamation in 1995 was however contested by his then
    opponent, Juan Alvez, who filed an election protest before the RTC, which declared a failure of
    elections. Accordingly, the office of the mayor of the Municipality of San Antonio, Zambales was
    declared vacant. Both parties appealed to the COMELEC, which declared Alvez the duly elected
    mayor and issued a writ of execution ordering Lonzanida to vacate the post. Lonzanida obeyed
    and Alvez assumed office for the remainder of the term.
    In the May 1998 elections, Lonzanida again filed his certificate of candidacy for mayor of
    San Antonio. His opponent, Eufemio Muli, timely filed a petition to disqualify Lonzanida from
    running for mayor of San Antonio in the 1998 elections on the ground that he had served three
    consecutive terms in the same post which is a violation of the three-term rule. COMELEC First
    Division granted the petition for diqualification upon finding that Lonzanida had served three
    consecutive terms as mayor of San Antonio, Zambales. COMELEC En Banc afffirmed. Petioner
    Lonzanida filed a petition challenging the validity of the COMELEC resolution. Petitioner
    Lonzanida maintains that he was duly elected mayor for only two consecutive terms. Private
    respondent Eufemio Muli maintains that the petitioner's assumption of office in 1995 should be
    considered as service of one full term. Solicitor-General prays for the dismissal of the petition
    and contends that petitioner Lonzanida discharged the rights and duties of mayor from 1995 to
    1998 which should be counted as service of one full term, albeit he was later unseated, because he
    served as mayor for the greater part of the term.
    STATEMENT OF THE CASE:
    This petition for certiorari under Rule 65 of the Rules of Court seeks to set aside the
    resolutions issued by the COMELEC First Division dated May 21, 1998 and by the
    COMELEC En Banc dated August 11, 1998 in SPA 98-190 entitled, In the matter of the Petition
    to Disqualify Mayoralty Candidate Romeo Lonzanida of San Antonio, Zambales, Eufemio Muli,
    petitioner, vs. Romeo Lonzanida, respondent. The assailed resolutions declared herein petitioner
    Romeo Lonzanida disqualified to run for Mayor in the municipality of San Antonio, Zambales in
    the May 1998 elections and that all votes cast in his favor shall not be counted and if he has been
    proclaimed winner the said proclamation is declared null and void. Office of the Solicitor-General
    prayed for the dismissal of the petition.

    APIADO, ELYN D.
    ISSUE:
    Whether or not petitioner Lonzanida's assumption of office as mayor of San Antonio
    Zambales from May 1995 to March 1998 may be considered as service of one full term for the
    purpose of applying the three-term limit for elective local government officials.
    RULING:

    The Supreme Court ruled that it cannot be considered a full term of office. Two conditions
    for the application of the disqualification must concur: 1) That the official concerned has been
    elected for three consecutive terms in the same local government post; and 2.) That he has fully
    served three consecutive terms. The two requisites for the application of the three term rule are
    absent. Petitioner cannot be considered as having been duly elected to the post in the May 1995
    elections, and second, the petitioner did not fully serve the 1995-1998 mayoral term by reason of
    involuntary relinquishment of office. Petitioner did not fully serve the 1995-1998 mayoral term by
    reason of involuntary relinquishment of office.
    In sum, the petitioner was not the duly elected mayor and that he did not hold office for
    the full term; hence, his assumption of office from 1995 to March 1998 cannot be counted as a
    term for purposes of computing the three term limit. The Resolution of the COMELEC finding
    him disqualified on this ground to run in the May 1998 mayoral elections should therefore be set
    aside.
    PRINCIPLES/DOCTRINES:

    Section 8, Art. X of the Constitution provides that, “the term of office of elective local
    officials, except barangay officials, which shall be determined by law shall be three years and no
    such officials shall serve for more than three consecutive terms. Voluntary renunciation of the
    office for any length of time shall not be considered as an interruption in the continuity of his
    service for the full term for which he was elected.”
    Section 43 of the Local Government Code (R.A. No. 7160) restates the same rule, that:
    “No local elective official shall serve for more than three consecutive terms in the same position.
    Voluntary renunciation of the office for any length of time shall not be considered as an
    interruption in the continuity of service for the full term for which the elective official concerned
    was elected.”

    Two conditions for the application of the disqualification must concur:


    1.) That the official concerned has been elected for three consecutive terms in the
    same local government post; and
    2.) That he has fully served three consecutive terms.

    APIADO, ELYN D.

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