This case has been cited 4 times or more.
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2013-01-08 |
VELASCO JR., J. |
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| As stressed in Socrates v. Commission on Elections,[33] the principle behind the three-term limit rule covers only consecutive terms and that what the Constitution prohibits is a consecutive fourth term. Put a bit differently, an elective local official cannot, following his third consecutive term, seek immediate reelection for a fourth term,[34] albeit he is allowed to seek a fresh term for the same position after the election where he could have sought his fourth term but prevented to do so by reason of the prohibition. | |||||
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2009-03-17 |
PERALTA, J. |
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| (c) The term of barangay officials and members of the sangguniang kabataan shall be for five (5) years, which shall begin after the regular election of barangay officials on the second Monday of May 1997: Provided, That the sangguniang kabataan members who were elected in the May 1996 elections shall serve until the next regular election of barangay officials. Socrates v. Commission on Elections[8] held that the rule on the three-term limit, embodied in the Constitution and the Local Government Code, has two parts:x x x The first part provides that an elective local official cannot serve for more than three consecutive terms. The clear intent is that only consecutive terms count in determining the three-term limit rule. The second part states that voluntary renunciation of office for any length of time does not interrupt the continuity of service. The clear intent is that involuntary severance from office for any length of time interrupts continuity of service and prevents the service before and after the interruption from being joined together to form a continuous service or consecutive terms. | |||||
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2003-12-10 |
AZCUNA, J. |
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| Finally, in Socrates v. COMELEC,[21] the principal issue was whether or not private respondent Edward M. Hagedorn was qualified to run during the recall elections. Therein respondent Hagedorn had already served for three consecutive terms as mayor from 1992 until 2001 and did not run in the immediately following regular elections. On July 2, 2002, the barangay officials of Puerto Princesa convened themselves into a Preparatory Recall Assembly to initiate the recall of the incumbent mayor, Victorino Dennis M. Socrates. On August 23, 2002, respondent Hagedorn filed his certificate of candidacy for mayor in the recall election. A petition for his disqualification was filed on the ground that he cannot run for the said post during the recall elections for he was disqualified from running for a fourth consecutive term. This Court, however, ruled in favor of respondent Hagedorn, holding that the principle behind the three-term limit rule is to prevent consecutiveness of the service of terms, and that there was in his case a break in such consecutiveness after the end of his third term and before the recall election. | |||||