G.R. No. 207851, July 8, 2014
ANGEL G. NAVAL, Petitioner, vs. COMMISSION ON ELECTIONS and NELSON B. JULIA, Respondents.

FACTS

Petitioner Angel G. Naval was elected and served as a member of the Sangguniang Panlalawigan of Camarines Sur, representing the Second District, for two consecutive terms: 2004-2007 and 2007-2010. On October 12, 2009, Republic Act No. 9716 was enacted, reapportioning the legislative districts of Camarines Sur. The old Second District, which originally consisted of 10 towns, was reconfigured. Eight (8) of its towns were carved out to form, together with other towns, the new Third District. The new Second District was composed of the two remaining towns from the old Second District (Gainza and Milaor) merged with five towns from the old First District. In the 2010 elections, Naval was elected as a member of the Sangguniang Panlalawigan for the Third District and served until 2013. In the 2013 elections, Naval ran again for the same position in the Third District. Respondent Nelson B. Julia, a rival candidate, filed a petition before the COMELEC to cancel Naval’s Certificate of Candidacy, arguing that Naval would be serving a fourth consecutive term in violation of the constitutional three-term limit. The COMELEC Second Division granted the petition, canceling Naval’s COC. The COMELEC En Banc denied Naval’s motion for reconsideration, prompting this petition.

ISSUE

Whether Naval’s election and service for the 2013-2016 term as a member of the Sangguniang Panlalawigan for the Third District of Camarines Sur constitutes a violation of the three-term limit rule, considering he was previously elected and served for two terms in the old Second District and one term in the new Third District following a legislative reapportionment.

RULING

The Supreme Court GRANTED the petition and REVERSED the COMELEC resolutions. The Court held that Naval’s candidacy for the 2013 elections did not violate the three-term limit rule. The Court ruled that for the disqualification to apply, the official must have been elected and served three consecutive terms in the same local government post for the same territorial jurisdiction. The reapportionment under R.A. No. 9716 did not merely rename the old Second District into the Third District; it created a new and distinct legislative district with a different territorial composition and a different electorate. The old Second District consisted of 10 towns, while the new Third District consists of 8 towns from the old Second District plus towns from the old Third and Fourth Districts. Consequently, the electorate who voted for Naval in the old Second District is not identical to the electorate in the new Third District. Since the position of Sangguniang Panlalawigan member for the new Third District is not the same local government post as that of a member for the old Second District, Naval’s prior service does not count toward the three-term limit for the new district. Therefore, he was eligible to run in the 2013 elections.