Lonzanida vs COMELEC [311 SCRA 602]

Posted by Pius Morados on November 6, 2011

(Local Government, Disqualification: Exception to the 3 term limit rule)
Facts: Petitioner 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 contested by his opponent who filed an election protest. The
court rendered a judgment declaring the results of the said election last May 8, 1995, as
null and void on the ground that there was a failure of election.
In the May 11, 1998 elections Lonzanida again filed his certificate of candidacy for
mayor of San Antonio and was proclaimed winner. Prior proclamation, His opponent
timely filed a petition to disqualify him from running on the ground that he had served
three consecutive terms in the same post.
The COMELEC found that Lonzanidas assumption of office by virtue of his
proclamation in May 1995, although he was later unseated before the expiration of the
term, should be counted as service for one full term in computing the three term limit
under the Constitution and the Local Government Code. Hence, COMELEC issued a
resolution granting the petition for disqualification
Petitioner Lonzanida challenges the validity of the COMELEC resolutions maintaining
that he was duly elected mayor for only two consecutive terms and that his assumption
of office in 1995 cannot be counted as service of a term for the purpose of applying the
three term limit for local government officials, because he was not the duly elected
mayor of San Antonio in the May 1995 elections.
The private respondent maintains that the petitioners assumption of office in 1995
should be considered as service of one full term because he discharged the duties of
mayor for almost three years until March 1, 1998 or barely a few months before the next
mayoral elections.
Issue: WON petitioners assumption of office as mayor of San Antonio Zambales from
May 1995 to 1998 may be considered as service of one full term for the purpose of
applying the three-term limit for elective local government officials.
Held: No. 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.
The petitioner cannot be deemed to have served the May 1995 to 1998 term because
he was ordered to vacate his post before the expiration of the term.
Pursuant to the constitutional provision above, 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. The petitioner vacated his post a
few months before the next mayoral elections, not by voluntary renunciation but in
compliance with the legal process of writ of execution issued by the COMELEC to that
effect. Such involuntary severance from office is an interruption of continuity of service
and thus, the petitioner did not fully serve the 1995-1998 mayoral term.
Facts: Petitioner 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 was contested and resulted to declaring his opponent winning the election
and ordered Lonzanida to vacate the office. In the May 11, 1998 elections Lonzanida
again filed his certificate of candidacy. His opponent filed a petition for disqualification
on the grounds that it is a violation of the three-term rule. COMELEC granted the
petition. Petitioner filed a petition challenging the validity of the COMELEC resolution.
Issue: Whether petitioners assumption of office from May 1995 to March 1, 1998 is
considered full term of office for the purpose of three-term rule
Ruling: The Supreme Court ruled that it cannot be considered a full term of office for
two reasons, he cannot be considered elected as the proclamation was void and he
also did not voluntary renounce office, but was involuntary severance from office.
The petition is granted and the resolution of the COMELEC declaring petitioner
Lonzanida disqualified to run for mayor in the 1998 mayoral elections are hereby set
aside.
LONZANIDA VS COMELEC

FACTS: Lonzanida was elected as mayor and served two consecutive terms from
1988 to 1995. Hethen ran again for the same position in the May 1995 elections,
won and discharged his duties as mayor. However, his opponent contested his proclamation
and filed an election protest before the RTC,w h i c h r u l e d t h a t t h e r e w a s a f a i l u r e o f
elections
and
declared
the
position
of
mayor
vacant.
T h e COMELEC affirmed this decision and petitioner acceded to the order to vacate
his post. In the 1998elections, Lonzanida again filed a certificate of candidacy
for mayor but was protested against due tothe reason that he allegedly had served 3
consecutive terms already.
ISSUE: Whether or not it may be considered that petitioner had served 3
consecutive terms, granting that he did not finish his term in 1995.
HELD: Negative. By reason of his involuntary relinquishment of office, petitioner did not fully
servethe 1995-1998 mayoral term and became a private citizen.