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    1) Latasa served three consecutive terms as mayor of Digos Municipality from 1992 to 2001. During his third term, Digos became a city but he was mandated to serve as holdover mayor. He then ran for mayor of the new City of Digos in 2001. 2) The Supreme Court ruled Latasa was ineligible, as the City of Digos had the same territorial jurisdiction and inhabitants as the municipality, so the mayoral positions were not different. Allowing Latasa to serve three more terms would mean 18 consecutive years as their chief executive. 3) Francis Ong served three terms as mayor of Camarines Norte from 1995 to 2001. Although a court later ruled he wasn't the

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    Case Digest Ray

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    1) Latasa served three consecutive terms as mayor of Digos Municipality from 1992 to 2001. During his third term, Digos became a city but he was mandated to serve as holdover mayor. He then ran for mayor of the new City of Digos in 2001. 2) The Supreme Court ruled Latasa was ineligible, as the City of Digos had the same territorial jurisdiction and inhabitants as the municipality, so the mayoral positions were not different. Allowing Latasa to serve three more terms would mean 18 consecutive years as their chief executive. 3) Francis Ong served three terms as mayor of Camarines Norte from 1995 to 2001. Although a court later ruled he wasn't the

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    1) Latasa served three consecutive terms as mayor of Digos Municipality from 1992 to 2001. During his third term, Digos became a city but he was mandated to serve as holdover mayor. He then ran for mayor of the new City of Digos in 2001. 2) The Supreme Court ruled Latasa was ineligible, as the City of Digos had the same territorial jurisdiction and inhabitants as the municipality, so the mayoral positions were not different. Allowing Latasa to serve three more terms would mean 18 consecutive years as their chief executive. 3) Francis Ong served three terms as mayor of Camarines Norte from 1995 to 2001. Although a court later ruled he wasn't the

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views3 pages

    Case Digest Ray

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    J
    1) Latasa served three consecutive terms as mayor of Digos Municipality from 1992 to 2001. During his third term, Digos became a city but he was mandated to serve as holdover mayor. He then ran for mayor of the new City of Digos in 2001. 2) The Supreme Court ruled Latasa was ineligible, as the City of Digos had the same territorial jurisdiction and inhabitants as the municipality, so the mayoral positions were not different. Allowing Latasa to serve three more terms would mean 18 consecutive years as their chief executive. 3) Francis Ong served three terms as mayor of Camarines Norte from 1995 to 2001. Although a court later ruled he wasn't the

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    of 3

    Latasa vs.

    COMELEC
    G.R. No. 154289
    December 10, 2003
    Facts:

    Petitioner Latasa was the elected mayor of the Municipality of Digos, Davao
    Del Sur in the elections of 1992, 1995 and 1998.

    During his third term, Republic Act No. 8798 was passed, declaring the
    Municipality of Digos as a component city, to be known as the City of Digos.
    The change of Digos from Municipality to City marked the end of petitioners
    tenure as mayor. However, under the Charter of the City, petitioner was
    mandated to serve in a hold-over capacity as mayor of the new City of Digos.

    After his term expired, petitioner ran for the position of mayoralty in the May
    2001 elections.

    Private Respondent Romeo Sunga, also a candidate for city mayor, moved to
    disqualify petitioner because he has already served as Mayor for three
    consecutive terms from 1992 to 2001. COMELEC affirmed respondent position

    Petitioner argued that when Digos became a city, it assumed a different


    juridical personality. Hence, when he filed his CoC for city mayor, he cannot
    be construed as vying for the same local government post.

    Issue:
    Whether Latasa is eligible to run as candidate for the position of mayor of the
    newly-created City of Digos immediately after he served for three
    consecutive terms as mayor of the Municipality of Digos.
    Held:
    No, the Supreme Court held that the City of Digos has a juridical personality
    from the Municipality of Digos, but it does not mean that the office of the
    municipal mayor is different from that of the office of the city mayor.
    o The territorial jurisdiction of the City of Digos is the same as that of the
    municipality
    o The inhabitants of the municipality and the city were the same
    inhabitants over whom petitioner has held power and authority as their
    chief executive for nine years.

    The Court further held that should petitioner be allowed to run for another
    three consecutive terms as mayor of the City of Digos, petitioner would then
    be possibly holding office over the same territorial jurisdiction and inhabitants
    for a total of eighteen consecutive years.

    Ong vs. Alegre


    G.R. No. 163295
    January 23, 2006
    Facts:
    Petitioner Francis Ong won and served full terms as mayor of Camarines Norte
    for the May 1995 elections.
    For the May 1998 elections, petitioner Francis Ong and respondent Stanley
    Alegre were candidates for the 1998 elections wherein petitioner won as mayor
    again.
    Respondent filed an election protest against petitioner alleging that the former
    should have been the winner in the May 1998 elections. The RTC declared Alegre
    the duly elected mayor however on July 2001 wherein Ongs 1998-2001 term as
    mayor has already expired and his starting to serve his 2001-2004 term as
    mayor reelect.
    In the May 2004 elections. Petitioner Ong ran again as mayor, respondent Alegre
    opposed and moved to disqualify petitioner on the ground that he has already
    served as as mayor for three consecutive terms from 1995, 1998 and 2001.
    COMELEC First Division dismissed Alegres petition but on appeal, the COMELE
    en Banc disqualified petitioner.
    After a failed attempt to have his brother replace him as mayor candidates,
    petitioner filed a review with the SC alleging that he is still eligible to run as
    mayor considering that his term from 1998-2001 was only presumptive because
    Alegre was supposed to be the mayor during that period.
    Issue:
    Whether petitioner Francis assumption of office as Mayor of San Vicente,
    Camarines Norte for the mayoralty term 1998 to 2001 should be considered
    as full service for the purpose of the three term rule.
    Held:
    Yes, the SC held that the disqualifying requisites are present namely that 1.)
    the official concerned has been elected for three consecutive terms in the
    same local government post and 2) that he has fully served three consecutive
    terms.

    Francis service as mayor from 1998-2001 should be considered as service


    for the full term as contemplated in the constitutional and statutory

    provisions. Even though the RTC Daet ruled in the election protest that Alegre
    was the winner, the fact still remains that Ong was the one who actually
    served as mayor from 1998-2001. The Court held that this case should be
    distinguished from Lonzanida because Francis Ong was never unseated
    during the term and he never ceased discharging his duties and
    responsibilities as mayor of San Vicente.

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