RIVERA III V. COMELEC G.R. No. 167591 May 9, 2007

FACTS:

A petition for cancelation of the Certificate of Candidacy of Marino Morales as mayoralty candidate in Mabalacat, Pampanga for the May 2004 mayoralty was filed on the ground the he already served three consecutive terms in the office he seeks to run.

Morales argues that this is not so because although he really served in 1995-1998 (1^st term) and 2004-2007 (3^rd term), he was merely a caretaker or de facto mayor in 1998-2001(2^nd term) because his election was declared void by the RTC due to an election protest.

Comelec ruled that Morales already served his third term and after an MR was filed, declared it final and executory on May 14, 2004.

ISSUE:

WON Morales had already served his 3 consecutive terms and if so, who should take his position.

HELD:

For the three-term limit for elective local government officials to apply, two conditions or requisites must concur, to wit: (1) that the official concerned has been elected for three (3) consecutive terms in the same local government post, and (2) that he has fully served three (3) consecutive terms.

Here, Morales was elected for the term July 1, 1998 to June 30, 2001. He assumed the position. He served as mayor until June 30, 2001. He was mayor for the entire period notwithstanding the Decision of the RTC in the electoral protest case filed by petitioner Dee ousting him (respondent) as mayor. Such circumstance does not constitute an interruption in serving the full term.

Whether as "caretaker" or "de facto" officer, he exercises the powers and enjoys the prerequisites of the office which enables him "to stay on indefinitely".

With regard to the person who will replace Morales, it is a rule that the ineligibility of a candidate receiving majority votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected. A minority or defeated candidate cannot be deemed elected to the office.

Since his disqualification became final and executory after the elections, the candidate having the second highest number of votes cannot assume the position. Hence, it is the petitioner, the elected Vice Mayor Anthony Dee who should be declared as the mayor.