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    Abundo, Sr. V Comelec GR No. 201716

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    Adfat Pandan
    Mayor Abelardo Abundo Sr. sought to nullify the COMELEC's resolution affirming his ineligibility for re-election as mayor of Viga, Catanduanes. The Supreme Court ruled that Abundo Sr. did not serve three full consecutive terms and was thus eligible for another term. While Abundo Sr. won elections in 2001 and 2007, he only assumed office in 2006 following the resolution of an election protest and served less than one year, which did not constitute a full term. Therefore, the three-term limit was not triggered. The Court reversed COMELEC's decision and reinstated Abundo Sr. to the mayoral position he was elected to in 2010.

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    Abundo, Sr. V Comelec GR No. 201716

    Uploaded by

    Adfat Pandan
    2K views2 pages
    Mayor Abelardo Abundo Sr. sought to nullify the COMELEC's resolution affirming his ineligibility for re-election as mayor of Viga, Catanduanes. The Supreme Court ruled that Abundo Sr. did not serve three full consecutive terms and was thus eligible for another term. While Abundo Sr. won elections in 2001 and 2007, he only assumed office in 2006 following the resolution of an election protest and served less than one year, which did not constitute a full term. Therefore, the three-term limit was not triggered. The Court reversed COMELEC's decision and reinstated Abundo Sr. to the mayoral position he was elected to in 2010.

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    Mayor Abelardo Abundo Sr. sought to nullify the COMELEC's resolution affirming his ineligibility for re-election as mayor of Viga, Catanduanes. The Supreme Court ruled that Abundo Sr. did not serve three full consecutive terms and was thus eligible for another term. While Abundo Sr. won elections in 2001 and 2007, he only assumed office in 2006 following the resolution of an election protest and served less than one year, which did not constitute a full term. Therefore, the three-term limit was not triggered. The Court reversed COMELEC's decision and reinstated Abundo Sr. to the mayoral position he was elected to in 2010.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Abundo, Sr. V Comelec GR No. 201716

    Uploaded by

    Adfat Pandan
    Mayor Abelardo Abundo Sr. sought to nullify the COMELEC's resolution affirming his ineligibility for re-election as mayor of Viga, Catanduanes. The Supreme Court ruled that Abundo Sr. did not serve three full consecutive terms and was thus eligible for another term. While Abundo Sr. won elections in 2001 and 2007, he only assumed office in 2006 following the resolution of an election protest and served less than one year, which did not constitute a full term. Therefore, the three-term limit was not triggered. The Court reversed COMELEC's decision and reinstated Abundo Sr. to the mayoral position he was elected to in 2010.

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    TITLE: Abundo, Sr. v COMELEC, GR no.

    201716, January 8, 2013


    MAYOR ABELARDO ABUNDO, SR., petitioner, vs. COMMISSION ON ELECTIONS and ERNESTO
    R. VEGA, respondents.
    Ponente: Justice Velasco, Jr.
    Petition: the petitioner seeks to nullify the resolution of COMELEC affirming the RTCs decision
    declaring the petitioner as ineligible for reelection.
    Topics:
    Doctrines and Provisions:
    Three Consecutive Terms may be broken or interrupted by Involuntary Interruptions. Involuntary
    Interruption is claimed to result from any of these events of causes: succession of assumption of office by
    operation of law; preventive suspension; declaration of defeated candidate as the winner in an election
    contest; declaration of the proclaimed candidate as the losing party in an election contest; proclamation of
    a non-candidate as the winner in a recall election; removal of the official by operation of law.
    Facts:

    2001 Election, Abundo, Sr. won as Mayor of Viga, Catanduanes.


    2004 Election, Torres was initially proclaimed the winner as Mayor of Viga, Catanduanes, thus
    served for the position.
    May 9, 2006, Abundo, Sr. was declared the actual winner, thus his assumption of office for the
    remainder of the term.
    2007 Election Abundo, Sr. won as Mayor of Viga, Catanduanes.
    2010 Election Abundo, Sr. filed for candidacy for the same position.
    Torres sought for Abundos disqualification.
    August 9, 2010, RTC declared Abundo, Sr. ineligible for position.
    Abundo, Sr. appealed in COMELEC, COMELEC dismissed the appeal.
    Hence this petition;

    Issues and Holdings:


    1. Whether or not Mayor Abelardo Abundo, Sr. has served for full three consecutive terms and is
    barred from running for another term?
    No, Abelardo Abundo, Sr. did not serve the full three consecutive terms and is therefore
    not barred for running for another term. It cannot be said that Abundo, Sr. has fully served 20042007 term, Abundo, Sr. actually held the office and exercised the functions as mayor only upon
    his declaration, following the resolution of the protest, as duly elected candidate in the May 9,
    2006 elections or for only a little over one year and one month, which is less than the legally
    contemplated full tern of local government official.

    Ruling:

    the instant petition is PARTLY GRANTED. Accordingly, the assailed Resolution of the
    Commission on Elections and the Decision of the Regional Trial Court re hereby REVERSED and SET
    ASIDE.
    Petitioner Abelardo Abundo, Sr. is DECLARED ELIGIBLE for the position of Mayor of Viga,
    Catanduanes to which he was duly elected in the May 2010 elections and is accordingly ordered
    IMMEDIATELY REINSTATED to said position.
    Note:
    Three-term Limit Rule: Disqualification: To constitute a disqualification to run for an elective
    local office, the following requisites must concur: (1) that the official concerned has been elected for
    three consecutive terms for the post; and (2) that he has fully served the three consecutive terms.

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