Scribd Logo
Upload

Welcome to Scribd!

  • 259 views

    Mendoza v. Comelec, GR No. 149736, Dec 17 2002

    Uploaded by

    ajyu
    The Supreme Court of the Philippines ruled 6-5 to dismiss the petition challenging the election of Leonardo B. Roman as governor of Bataan in May 2002. The petitioners argued that Roman's election violated the constitutional provision prohibiting an official from serving more than three consecutive terms. The majority of justices found that Roman's term served during a recall election in 1995 should not be counted towards the three term limit. As such, Roman's election in 2002 was only his third term as governor of Bataan. The minority disagreed and believed the recall term should be counted, which would make 2002 Roman's fourth term and a violation of the Constitution.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd

    Mendoza v. Comelec, GR No. 149736, Dec 17 2002

    Uploaded by

    ajyu
    259 views1 page
    The Supreme Court of the Philippines ruled 6-5 to dismiss the petition challenging the election of Leonardo B. Roman as governor of Bataan in May 2002. The petitioners argued that Roman's election violated the constitutional provision prohibiting an official from serving more than three consecutive terms. The majority of justices found that Roman's term served during a recall election in 1995 should not be counted towards the three term limit. As such, Roman's election in 2002 was only his third term as governor of Bataan. The minority disagreed and believed the recall term should be counted, which would make 2002 Roman's fourth term and a violation of the Constitution.

    Original Description:

    digest

    Original Title

    Mendoza v. Comelec, Gr No. 149736, Dec 17 2002

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court of the Philippines ruled 6-5 to dismiss the petition challenging the election of Leonardo B. Roman as governor of Bataan in May 2002. The petitioners argued that Roman's election violated the constitutional provision prohibiting an official from serving more than three consecutive terms. The majority of justices found that Roman's term served during a recall election in 1995 should not be counted towards the three term limit. As such, Roman's election in 2002 was only his third term as governor of Bataan. The minority disagreed and believed the recall term should be counted, which would make 2002 Roman's fourth term and a violation of the Constitution.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    259 views1 page

    Mendoza v. Comelec, GR No. 149736, Dec 17 2002

    Uploaded by

    ajyu
    The Supreme Court of the Philippines ruled 6-5 to dismiss the petition challenging the election of Leonardo B. Roman as governor of Bataan in May 2002. The petitioners argued that Roman's election violated the constitutional provision prohibiting an official from serving more than three consecutive terms. The majority of justices found that Roman's term served during a recall election in 1995 should not be counted towards the three term limit. As such, Roman's election in 2002 was only his third term as governor of Bataan. The minority disagreed and believed the recall term should be counted, which would make 2002 Roman's fourth term and a violation of the Constitution.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    G.R. No. 149736 December 17, 2002 EN BANC MELANIO L. MENDOZA AND MARIO E. IBARRA, PETITIONER , ! .

    "OMMI ELE"TION AND LEONARDO B. ROMAN, RE PONDENT ION ON

    NAT#RE$ Petition for certiorari filed by petitioners Melanio L. Mendoza and Mario E. Ibarra, seeking to set aside the C MELEC resol!tion and to declare Leonardo B. "o#an$s election as go%ernor of Bataan on May &', ())& as n!ll and %oid for being contrary to Art. *, +,& of the Constit!tion. I #E$ - N the re.election of "o#an constit!ted a %iolation of the Constit!tion/s pro%ision disallo0ing an official fro# ser%ing for #ore than three consec!ti%e ter#s. 1No2 To D%&m%&&$ !IT#G, J. 13NA"E4.4AN5IA6 , J.27 5he Constit!tion en%isions a contin!o!s and an !ninterr!pted ser%ice for three f!ll ter#s before the proscription applies. Not being a f!ll ter#, a recall ter# sho!ld not be co!nted or !sed as a basis for the dis8!alification 0hether ser%ed prior or s!bse8!ent to the nine.year, f!ll three.ter# li#it. MENDOZA, J., 19:I4:MBIN6, J.27 A ter# d!ring 0hich s!ccession to a local electi%e office takes place or a recall election is held sho!ld not be co!nted in deter#ining 0hether an electi%e local official has ser%ed #ore than three consec!ti%e ter#s. 5he Constit!tion e;cl!des fro# the three.ter# li#it interr!ptions in the contin!ity of ser%ice, so long as s!ch interr!ptions are not d!e to the %ol!ntary ren!nciation of the office by an inc!#bent. 5he period d!ring 0hich respondent Leonardo B. "o#an ser%ed as go%ernor of Bataan by %irt!e of a recall election held in &<<= sho!ld not be co!nted. 4ince on May &', ())& respondent had pre%io!sly ser%ed as go%ernor of Bataan for only t0o consec!ti%e ter#s, his election on that day 0as act!ally only his third ter# for the sa#e position. PANGANIBAN, J. 1P:N , J.27 A recall ter# sho!ld not be considered as one f!ll ter#, else if 0o!ld c!t short the elected official$s ser%ice to less than nine years and shortchange his constit!ents. 5he desire to pre%ent #onopoly of political po0er sho!ld be balanced against the need to !phold the %oters$ ob%io!s preference 0ho, in the present case, is "o#an 0ho recei%ed <> percent of the %otes cast. In election cases, 0hen t0o conflicting legal positions are of al#ost e8!al 0eight, the scales of ?!stice sho!ld be tilted in fa%or of the people$s o%er0hel#ing choice. AZ"#NA, J. 1BELL 4ILL , J.27 5he dis8!alification applies only if the ter#s are consec!ti%e and the ser%ice is f!ll and contin!o!s. To GRANT$ ANDO!AL'G#TIERREZ, J.1@AAI@E, B"., C.J., A:45"IA.MA"5INEC, C " NA, and CALLEB , 4"., JJ.27 the recall ter# ser%ed by "o#an, co#prising the period B!ne (,, &<<' to B!ne =), &<<D, sho!ld be considered as one ter#. 4ince he thereafter ser%ed for t0o consec!ti%e ter#s fro# &<<D to &<<, and fro# &<<, to ())&, his election on May &', ())& 0as act!ally his fo!rth ter# and contra%enes Art. *, +, of the Constit!tion. 4he %oted to grant the petition and to declare respondent$s election on May &', ())& as n!ll and %oid. "ARPIO, J., 1CA"PI M "ALE4, J.27 A recall ter# constit!tes one ter# and that to totally ignore a recall ter# in deter#ining the three.ter# li#it 0o!ld allo0 local officials to ser%e for #ore than nine consec!ti%e years contrary to the #anifest intent of the fra#ers of the Constit!tion. "o#an$s election in ())& cannot e;e#pt hi# fro# the three. ter# li#it i#posed by the Constit!tion. DI PO ITI!E$ Petition for certiorari is dis#issed. Co!rt %oted , to > to @I4MI44 the petition.

    7 5he ter# of office of electi%e local officials, e;cept barangay officials, 0hich shall be deter#ined by la0, shall be three years and no s!ch official shall ser%e for #ore than three consec!ti%e ter#s. Aol!ntary ren!nciation of the office for any length of ti#e shall not be considered as an interr!ption in the contin!ity of his ser%ice for the f!ll ter# for 0hich he 0as elected.

    You might also like