7/24/2019 Abundo vs COMELEC Digest
1/1
Abundo vs. Comelec, G.R. No. 201716, Jan. 8, 2013
Abundo vied for the position of municipal mayor of Viga,
Catanduanes. In both the
2001 and 2007 runs, he emerged and as proclaimed as the inning
mayoralty candidateand accordingly served the corresponding terms
as mayor.
In the 200! electoral derby, hoever, the Viga municipal board of
canvassers initiallyproclaimed as inner one "ose #orres $#orres%,
ho, in due time, performed the functions ofthe o&ce of mayor.
Abundo protested #orres' election and proclamation. Abundo
aseventually declared the inner of the 200! mayoralty electoral
contest, paving the ay forhis assumption of o&ce starting (ay
), 200* until the end of the 200!+2007 term on "une0, 2007, or for
a period of a little over one year and one month.
#hen came the (ay 10, 2010 elections here Abundo and #orres
again opposed eachother. -hen Abundo led his certicate of candidacy
for the mayoralty seat relative to thiselectoral contest, #orres
lost no time in see/ing the former's disualication to run, the
corresponding petition, predicated on the three+consecutive term
limit rule.
ISSU !1" Is the service of a term less than the full three years
by (ayor Abundo, in vie ofan election protest, considered as full
service of the term for purposes of the application ofthe three
consecutive term limit for elective local o&cials
RU#ING" o. Abundo cannot plausibly claim,even if he anted to,
that he could hold o&ceof the mayor as a matterof right during
the period of one year and ten months, or from "une0, 200! until
(ay 3, 200*. either can heassert title to the same nor serve the
functionsofthe said elective o&ce. #he reason is that during
that period, title to hold such o&ce andthe corresponding right
to assume the functions thereof still belonged to his opponent,
asproclaimed election inner. Accordingly, Abundo actually held the
o&ce and e4ercised thefunctions as mayor only upon his
declaration, folloing the resolution of the protest, as duly
elected candidate in the (ay 200! elections or for only a little
over one year and one month.Conseuently, since the legally
contemplated full term for local elected o&cials is three
$%years, it cannot be said that Abundo fully served the term
200!+2007.
ISSU !2" 5nder hat instances are the consecutive terms not
6involuntary bro/en orinterrupted
RU#ING"#he instancesherein such consecutive terms are not
considered as having been6involuntarily interrupted or bro/en are
as follos8
$1% Assumption of 9&ce by 9peration of :a;$2% eriod of
>reventive ?uspension; and$@% =lection >rotest
