G.R. No. 154829 , December 10, 2003
Arsenio A. Latasa, petitioner, vs. Commission on Elections, and Romeo Sunga, respondents.

FACTS

Petitioner Arsenio A. Latasa was elected and served as mayor of the Municipality of Digos for three consecutive terms (1992-2001). During his third term, the municipality was converted into a component city via a plebiscite in September 2000. Under its new charter, Latasa served in a hold-over capacity as city mayor. For the May 2001 elections, Latasa filed his certificate of candidacy for city mayor, explicitly noting therein his prior three terms as municipal mayor but asserting his eligibility as it was his first run for the city position. His rival, Romeo Sunga, filed a petition with the COMELEC to deny due course to Latasa’s certificate, arguing he was disqualified under the three-term limit rule.
The COMELEC First Division ruled in favor of Sunga, cancelling Latasa’s certificate for violating the constitutional three-term limit. Latasa’s motion for reconsideration remained unacted upon until after the elections, wherein he was proclaimed the winner and assumed office. The COMELEC en banc later denied his motion, prompting this petition for certiorari.

ISSUE

Whether Arsenio A. Latasa is disqualified from running as mayor of the newly created City of Digos in the May 2001 elections, having served three consecutive terms as mayor of the former Municipality of Digos.

RULING

Yes, Latasa is disqualified. The Supreme Court dismissed the petition, upholding the COMELEC’s resolution. The legal logic centers on the interpretation of the constitutional three-term limit for local officials. The prohibition aims to prevent the monopolization of political power and is rooted in public interest. The Court ruled that the conversion of a municipality into a city does not constitute an interruption in the continuity of Latasa’s service for the purpose of the term limit.
The territorial jurisdiction and the electorate of the new City of Digos remained substantially identical to those of the former municipality. The office of the city mayor is the same office as that of the municipal mayor, merely upgraded due to the conversion. Consequently, Latasa’s three consecutive terms as municipal mayor are considered continuous with the hold-over service as city mayor, barring him from a fourth consecutive term. The Court emphasized that the three-term limit rule is to be construed strictly to give full effect to its preventive purpose against political dynasty. Since Latasa was ineligible, his subsequent proclamation was null and void. The Court further clarified that the second-placer, Sunga, could not be proclaimed the winner, as the votes cast for Latasa were considered stray, resulting in a permanent vacancy to be filled by succession.