Borja v.

Comelec Facts: Jose Capcos years in service: Elected Vice Mayor: 1988 1992 Became Mayor by operation of law, upon the death of incumbent mayor Cesar Borja: September 1989 1992 Elected Mayor: 1992 1995 (First Term) Elected Mayor: 1995 1998 (Second Term) For the 1998 elections, Capco filed COC for mayor of Pateros Benjamin Borja sought his disqualification on the theory that he already served as mayor for 3 consecutive terms therefore he is ineligible to serve for another term Comelec, 2nd Division disqualified Capco from running for reelection Comelec, En Banc reversed the decision: - Three-term limit refers to the term of office for which the local official was elected - Capco was not elected to the position of Mayor in the 1988 local elections. He succeeded to such office by operation of law - This is not counted as one term for purposes of the computation of the limitation Capco was elected Mayor in the 1998 elections

considered as an interruption in the continuity of his service for the full term for which he was elected. Local Government Code, Section 43(b), Term of Office No local elective official shall serve for more than 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 his service for the full term for which the elective local official was elected. Ratio: Policy reasons for this provision: 1. Prevent the establishment of political dynasties prevent the elective officials to develop a proprietary interest in their positions and accumulate those powers that permit them to stay on indefinitely 2. Enhance the freedom of choice of the people to elect the officials whom they wish to govern Requisites for the limitation to apply: 1. Official must be elected for the same position for three consecutive terms 2. Serve the full term for that position Held: Capco is qualified to run because he was not elected to the office of mayor in the first term but only succeeded to it by operation of law. Neither had he served the full term because he only continued the service, interrupted by the death, of the deceased mayor.

Issue: WON a vice mayor who succeeds to the office of mayor by operation of law and serves the reminder of the term is considered to have served a term in that office for the purpose of the three-term limit. NO. Relevant provisions: Constitution, Article X, Sec. 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 serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be