Beruflich Dokumente
Kultur Dokumente
Comelec
● Since the law no less allowed Montebon to vacate his post as councilor in order to
Facts: assume office as vicemayor, his occupation of the higher office cannot, without more,
be deemed as a voluntary renunciation of his position as councilor.
Montebon had been elected for three consecutive terms as municipal councilor of
Tuburan, Cebu in 1998, 2001, and 2004 elections. However, in January 2004, or
during his second term, he succeeded and assumed the position of vice-mayor of
Tuburan when the incumbent vice-mayor retired. When he filed his certificate of
candidacy again as municipal councilor for 2007 elections, a petition for
disqualification was filed against him based on the three-term limit rule. In his answer,
Montebon argued that he cannot be disqualified on the ground of the 3-term limit rule
because his second term was interrupted when he assumed the position of vice--
mayor due to the retirement of elected vicemayor Petronilo Mendoza. Petitioners
maintained that Montebon's assumption of office as vice-mayor in January 2004
should not be considered an interruption in the service of his second term since it was
a voluntary renunciation of his office as municipal councilor.
Issue:
Held:
In this case, a permanent vacancy occurred in the office of the vice-mayor due to the
retirement of Vice Mayor Mendoza. Montebon, being the highest ranking municipal
councilor, succeeded him in accordance with law. Thus, Montebon's assumption of
office as vice-mayor in January 2004 was an involuntary severance from his office as
municipal councilor, resulting in an interruption in the service of his 2001-2004 term. It
cannot be deemed to have been by reason of voluntary renunciation because it was
by operation of law. (Montebon vs. Comelec, G.R. No. 180444. April 9, 2008)
Note: