Lonzanida vs. COMELEC

The governing principle is that for the three-term limit to apply, two conditions must concur: the official must have been elected for three consecutive terms in the same local government post, and the official must have fully served those three consecutive terms. Assumption of office by virtue of a void proclamation does not constitute election, and involuntary severance from office before the expiration of the term interrupts the continuity of service, precluding the application of the disqualification.

Romeo Lonzanida served two consecutive terms as municipal mayor of San Antonio, Zambales prior to the 1995 elections. In the May 1995 elections, he ran again and was proclaimed the winner, assuming office accordingly. His opponent, Juan Alvez, filed an election protest. The Regional Trial Court declared a failure of elections and vacated the mayor's office. On appeal, the COMELEC reversed, declaring Alvez the duly elected mayor after revising the ballots. Pursuant to the COMELEC's writ of execution in February 1998, Lonzanida vacated the post, and Alvez served the remainder of the 1995-1998 term. Lonzanida filed his certificate of candidacy for mayor in the May 1998 elections.

• Nature of Action: Petition for certiorari under Rule 65 of the Rules of Court seeking to annul COMELEC resolutions disqualifying petitioner from running for mayor.

• Parties:

  • Petitioner: Romeo Lonzanida, mayoralty candidate and proclaimed winner in San Antonio, Zambales.
  • Respondents: Commission on Elections (public) and Eufemio Muli (private), opponent mayoralty candidate and petitioner in the disqualification case.

• Factual Sequence: Lonzanida was elected and served two consecutive terms as mayor prior to 1995. In the May 1995 elections, he was proclaimed winner and assumed office. His opponent, Juan Alvez, filed an election protest with the Regional Trial Court, which declared a failure of elections and vacated the office. Both parties appealed to the COMELEC. On November 13, 1997, the COMELEC declared Alvez the duly elected mayor by a plurality of votes. On February 27, 1998, the COMELEC issued a writ of execution; Lonzanida vacated the post, and Alvez assumed office for the remainder of the term. For the May 1998 elections, Lonzanida filed a certificate of candidacy. Muli filed a petition to disqualify him on April 21, 1998, alleging Lonzanida had served three consecutive terms. Lonzanida was proclaimed winner on May 13, 1998. The COMELEC First Division disqualified him on May 21, 1998, which the En Banc affirmed on August 11, 1998.

• Defense/Counter-Arguments Version: The public respondent argued that Lonzanida's service from 1995 to 1998 should count as a full term because he discharged the duties of mayor for the greater part of the term. The distinction between de jure and de facto service was inconsequential because the Constitution speaks of "service of a term," intended to prevent monopolization of political power.

• Trial Court Findings: The Regional Trial Court of Zambales declared the results of the 1995 mayoral election null and void on the ground of failure of elections, and declared the office of the mayor vacant.

• Petitioner maintained that he was duly elected mayor for only two consecutive terms and his 1995 assumption of office cannot be counted as service of a term because the COMELEC itself declared him not duly elected in its November 13, 1997 decision.
• Petitioner argued that he did not fully serve the 1995-1998 term because he was unseated before its expiration, constituting an involuntary severance that interrupted the continuity of his service.
• Petitioner contended that the COMELEC lost jurisdiction over the disqualification petition after his proclamation, asserting that the proper remedy was a petition for quo warranto with the Regional Trial Court.

• Private respondent argued that the COMELEC retained jurisdiction because the petition for disqualification was filed before the election pursuant to Section 6 of R.A. 6646.
• Private respondent maintained that Lonzanida's assumption of office in 1995 should count as a full term because he discharged the duties of mayor for almost three years until March 1998.
• Public respondent contended that the constitutional provision bars "service of a term" and serving the greater portion of the term as a de facto officer should count as service of one full term to prevent the accumulation of political power.

• Procedural Issues: Whether the COMELEC retains jurisdiction over a petition for disqualification filed before the elections after the candidate has been proclaimed winner.
• Substantive Issues: Whether an official's assumption of office by virtue of a void proclamation, followed by involuntary severance before the term expires, constitutes service of one full term for the purpose of computing the three-term limit for local elective officials.

• Procedural: The Court ruled that the COMELEC retained jurisdiction over the disqualification case. Citing Section 6 of R.A. 6646 and Sunga v. COMELEC, the Court held that the proclamation of a candidate does not divest the COMELEC of jurisdiction to continue hearing a disqualification petition filed before the election. The legislative intent is for the COMELEC to continue trial until judgment is rendered, preventing candidates from employing delaying tactics to secure a proclamation and evade disqualification.
• Substantive: The Court held that Lonzanida's assumption of office from 1995 to 1998 did not constitute service of a full term. The Court reiterated the two requisites for the application of the three-term limit: the official must have been elected for three consecutive terms and must have fully served three consecutive terms. First, Lonzanida was not duly elected in 1995 because his proclamation was declared void by the COMELEC; a void proclamation is no proclamation at all, making him merely a presumptive winner. Second, he did not fully serve the term because he was involuntarily severed from office before its expiration. Involuntary severance from office for any length of time short of the full term amounts to an interruption of continuity of service.

• Three-Term Limit for Local Officials — The constitutional and statutory prohibition against serving more than three consecutive terms requires two concurrent conditions: the official has been elected for three consecutive terms in the same local government post, and the official has fully served three consecutive terms. The Court applied this doctrine to hold that Lonzanida did not meet either condition for the 1995-1998 term, as he was not validly elected and did not fully serve the term.
• Involuntary Severance from Office — Involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service. Conversely, voluntary renunciation of office does not interrupt the continuity of service. The Court applied this principle to rule that Lonzanida's ouster via writ of execution interrupted his continuity of service, precluding the 1995-1998 period from being counted as a full term.
• Void Proclamation — A proclamation subsequently declared void is no proclamation at all, and the candidate assuming office thereunder is merely a presumptive winner subject to the final outcome of an election protest. The Court applied this to conclude that Lonzanida's assumption of office was not by reason of a valid election.

• "To recapitulate, the term limit for elective local officials must be taken to refer to the right to be elected as well as the right to serve in the same elective position. Consequently, it is not enough that an individual has served three consecutive terms in an elective local office, he must also have been elected to the same position for the same number of times before the disqualification can apply."
• "Voluntary renunciation of a term does not cancel the renounced term in the computation of the three term limit; conversely, involuntary severance from office for any length of time short of the full term provided by law amounts to an interruption of continuity of service."

• Borja, Jr. v. COMELEC, G.R. No. 133495 — Followed. Established the two requisite conditions for the application of the three-term limit disqualification: election to the position and full service of the term.
• Sunga v. COMELEC, G.R. No. 125629 — Followed. Held that the proclamation and assumption of office of a candidate do not divest the COMELEC of jurisdiction to continue hearing a pending disqualification case.
• Torres v. COMELEC, G.R. No. 121031; Ramirez v. COMELEC, G.R. No. 122013 — Followed. Stated that a proclamation subsequently declared void is no proclamation at all.
• Ramas v. COMELEC, G.R. No. 130831 — Followed. Held that a proclaimed candidate is merely a presumptive winner who assumes office subject to the final outcome of an election protest.
• Aguam v. COMELEC — Followed. Affirmed that the COMELEC has authority to annul illegally made proclamations even if the candidate has assumed office.

• Section 8, Article X, 1987 Constitution — Provides that elective local officials shall serve for three years and no such official 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 service. The Court interpreted this provision to require both election and full service of the term for the disqualification to attach.
• Section 43(b), Republic Act No. 7160 (Local Government Code) — Restates the constitutional provision on the three-term limit. Applied in conjunction with the Constitution to determine Lonzanida's eligibility.
• Section 6, Republic Act No. 6646 — Mandates that if a candidate is not declared disqualified before an election and receives the winning number of votes, the court or commission shall continue with the trial and hearing of the action. The Court applied this provision to uphold the COMELEC's jurisdiction to resolve the disqualification case despite Lonzanida's proclamation.

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