G.R. No. 154512, November 12, 2002; G.R. No. 154683, November 12, 2002; G.R. Nos. 155083-84, November 12, 2002.
VICTORINO DENNIS M. SOCRATES, Mayor of Puerto Princesa City, petitioner, vs. THE COMMISSION ON ELECTIONS, THE PREPARATORY RECALL ASSEMBLY (PRA) of Puerto Princesa City, PRA Interim Chairman Punong Bgy. MARK DAVID HAGEDORN, PRA Interim Secretary Punong Bgy. BENJAMIN JARILLA, PRA Chairman and Presiding Officer Punong Bgy. EARL S. BUENVIAJE and PRA Secretary Punong Bgy. CARLOS ABALLA, JR., respondents. / VICENTE S. SANDOVAL, JR., petitioner, vs. THE COMMISSION ON ELECTIONS, respondent. / MA. FLORES P. ADOVO, MERCY E. GILO and BIENVENIDO OLLAVE, SR., petitioners, vs. THE COMMISSION ON ELECTIONS, and EDWARD S. HAGEDORN, respondents.

FACTS

On July 2, 2002, 312 out of 528 incumbent barangay officials of Puerto Princesa City convened as a Preparatory Recall Assembly (PRA) and passed Resolution No. 01-02 declaring loss of confidence in Mayor Victorino Dennis M. Socrates and calling for his recall. Socrates filed a petition with the COMELEC to nullify the Recall Resolution, but the COMELEC en banc dismissed it and scheduled the recall election for September 7, 2002. The COMELEC later fixed a 10-day campaign period. Edward M. Hagedorn filed his certificate of candidacy. Petitioners Ma. Flores F. Adovo, Merly E. Gilo, and Bienvenido Ollave, Sr. filed petitions to disqualify Hagedorn, arguing he was disqualified from running for a fourth consecutive term as mayor, having served three consecutive full terms immediately prior. The COMELEC’s First Division and later the en banc dismissed the disqualification petitions, declaring Hagedorn qualified. The recall election was reset to and held on September 24, 2002, where Hagedorn garnered the highest votes. The Supreme Court issued orders enjoining the proclamation of a winning candidate.

ISSUE

1. Whether the COMELEC committed grave abuse of discretion in giving due course to the Recall Resolution and scheduling the recall election.
2. Whether Edward M. Hagedorn is qualified to run for mayor in the recall election.

RULING

1. The COMELEC did not commit grave abuse of discretion in upholding the Recall Resolution. The Court is bound by the COMELEC’s factual findings, such as its determination that proper notices were sent to PRA members, posted in conspicuous places, and disseminated via broadcast media, and that the City Election Officer certified the majority approval and authenticity of signatures. In the absence of patent error, the Court will not disturb these findings. The authority of the PRA members to adopt the resolution was not affected by the fact that they were themselves seeking a new electoral mandate.
2. Edward M. Hagedorn is QUALIFIED to run for mayor in the recall election. The constitutional three-term limit prohibits an elective local official from being elected and serving for more than three consecutive terms. For the disqualification to apply, two conditions must concur: (1) the official has been elected for three consecutive terms in the same local government post, and (2) he has fully served three consecutive terms. Hagedorn served as mayor from 1992 to 2001. His third term (1998-2001) was not “full” or “complete” because he was declared ineligible for that term by the COMELEC in 1998 (although he continued to serve under a conditional proclamation pending appeal). The Supreme Court in 2001 ultimately affirmed the COMELEC’s decision declaring him ineligible. Since he was never legally elected for the 1998-2001 term, he did not fully serve three consecutive terms. Therefore, the prohibition does not apply, and he is eligible to run in the recall election. The recall election is considered a new election, not a continuation of the previous term.