Nicasio Bolos, Jr.

, petitioner, vs The Commission on Elections and Rey Angeles

Cinconiegue, respondents
G.R. No. 184082
March 17, 2009
Peralta, J.;

FACTS:

This is a petition for certiorari, under Rule 65 of Court, alleging that the Commission on Elections
(COMELEC) committed grave abuse of discretion amounting to lack or excess of jurisdiction in
issuing the Resolutions promulgated on March 4, 2008 and August 7, 2008 holding that the
petitioner Nicasio Bolos, Jr. was disqualified as a candidate for the position of Punong Barangay
of Barangay Biking, Dauis, Bohol in the October 29, 2007 Barangay and Sangguniang Kabataan
Elections on the ground that he has served the three-term limit.

For three consecutive term, petitioner was elected as Punong Barangay of Barangay Biking,
Dauis, Bohol in the Barangay Elections held in 1994, 1997, and 2002.

In May 2004, while sitting as incumbent Punong Barangay of Barangay Biking, petitioner run for
Municipal Councilor of Dauis, Bohol and won, leaving his post as Punong Barangay and assumed
office as Municipal Councilor on July 1, 2004 and served the full term until June 30, 2007.

On October 29, 2007, petitioner filed his Certificate of Candidacy for Punong Barangay of
Barangay Biking, Dauis, Bohol for the Barangay and Sangguniang Kabataan Elections.

Respondent Rey Angeles Cinconiegue, the incumbent Punong Barangay and also a candidate
for the same position filed a petition for disqualification against the petitioner on the ground that
he had already served three-term limit. He also contented that petitioner relinquishment of the
position of Punong Barangay in July 2004 was voluntary on his part.

In his answer, the petitioner admitted that he was elected for the last three consecutive elections.
However, he countered that his assumption of office as Municipal Councilor was by operation of
law, hence, it must be considered as an involuntary interruption in the continuity of his last term
of service.

The COMELEC First Division ruled that petitioner was disqualified from being a candidate as
Punong Barangay in the October 29, 2007 Barangay and Sangguniang Kabataan Election and
considering that he was already proclaimed, said proclamation was annulled.

Petitioner filed a motion for reconsideration but was denied by the COMELEC en banc in a
Resolution dated August 7, 2008.

Hence, this petition for certiorari.

ISSUE:

Whether or not the Honorable Commission on Election acted with grave abuse of discretion for
disqualifying the petitioner as a candidate for Punong Barangay in the October 29, 2007 Barangay
and Sangguniang Kabataan Elections and subsequently, annulling his proclamation?
RULING:

The COMELEC did not commit grave abuse of discretion amounting to lack or excess of
jurisdiction in issuing the Resolution dated March 4, 2008 and August 7, 2008, disqualifying
petitioner from being a candidate for Punong Barangay in the October 29, 2007 Barangay
Sangguniang Kabataan Elections.

In Lonzanida v. Commission on Elections, the Court held that 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 government post; and (2) that he has fully served three
consecutive terms.

The three-term limit for elective officials is contained in Section 8, Article X of the Constitution,
which provides:

“Section 8. The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years, and no such official shall service for more than three
consecutive terms. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption on the continuity of his service for the full term for which he was
elected.”

The discussions in the Constitutional Commission showed that the term of office of barangay
officials would be “[a]s may be determined by law,” and more precisely, “[a]s provided in the Local
Government Code.” Section 43(b) of the Local Government Code provides that barangay officials
are covered by the three-term limit. The cited provisions read, thus:

“Sec. 43. Term of Office.---xxx

(b) No local elective official shall serve for more than three (3) 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.

In this case, it is undisputed that petitioner was elected as Punong Barangay for three consecutive
terms, satisfying the first condition for disqualification.

What is to be determined is whether or not the petitioner is deemed to have voluntary renounced
his position as Punong Barangay during his third term when he ran for and won as Sangguniang
Bayan member and assumed said office.

The Court agrees with the COMELEC that there was a voluntary renunciation by petitioner of his
position as Punong Barangay.

Petitioner erroneously argues that when he assumed the position of Sangguniang Bayan
member, he left his post as Punong Barangay by “operation of law”, which is defined by the
Philippine Legal Encyclopedia as a “term describing the fact that rights may be acquired or lost
by the effect of a legal rule without any act of the person affected.”
In this case the petitioner did not fill in or succeed to a vacancy by operation of law. He instead
relinquished his office as Punong Barangay during his third term when he won and assumed office
as Sangguniang Bayan member of Dauis, Bohol, which is deemed voluntary renunciation of the
Office of Punong Barangay.

Wherefore, the petition is DISMISSED. The COMELEC Resolutions dated March 4, 2008 and
August 7, 2008 are hereby AFFIRMED. No pronouncement as to costs.

SO ORDERED.