BANDO OSMEÑA-PUNDOK KAUSWAGAN (BOPK) councilors Sisinio “Bebs” Andales and Alvin Arcilla, both from the north district, revealed their intention to run for reelection in the 2019 elections despite having served three full terms. They claimed they are still qualified to run because their terms were interrupted by their “short suspension” in 2017.
Many councilors (both from the BOPK and the opposition Barug Team), former mayor Michael Rama and Vice Mayor Edgardo Labella were suspended for appropriating calamity assistance to City Hall officials and employees when Cebu and the region were hit by typhoon Yolanda and the magnitude 7.2 earthquake in 2013.
The suspension was implemented by the Office of the President through the Department of Interior and Local Government (DILG) after the May 2016 elections. It was supposed to be a six months suspension but their previous terms were about to end. When they took office for their new terms on June 30, 2016, the suspension was rendered moot and academic.
Andales is using a Supreme Court (SC) jurisprudence: Sofronio Albania vs. Commission on Elections and Edgardo Tallado (G.R No. 226792). In the 2001 elections, Tallado and Jesus Typoco ran for governor in Camarines Norte. Tallado lost but filed a petition with the Comelec and won. He assumed on March 2010 a few months before the 2010 elections. In the 2010 and 2013 elections, he ran again and won. In 2016, he filed again his certificate of candidacy but Albania questioned it before the Comelec claiming the former had served three terms. But the Comelec denied the petition and allowed Tallado to run saying the respondent was not able to serve the full 2007-2010 term. The poll body’s decision was affirmed by the SC.
I am not a lawyer but this jurisprudence cited by my idol Bebs is based on a different situation. Here’s a closer case, that of Simeon Aldovino, Danilo Faller and Ferdinand Talabong vs. Comelec and Wilfredo Asilo (G.R 184836).
Asilo was elected councilor in Lucena City for three consecutive terms. In his final term (2004-2007), the Sandiganbayan preventively suspended him for 90 days in relation to a criminal case. The SC, however, lifted the suspension, so he went back to work and finished his term.
In the 2007 elections, he filed his certificate of candidacy claiming his term was interrupted by the suspension. The petitioners questioned it before the Comelec. The poll body favored Asilo but the SC reversed and assailed the Comelec ruling.
The SC said; “Asilo’s 2004-2007 term was not interrupted by the Sandiganbayan-imposed preventive suspension in 2005 as preventive suspension does not interrupt elective officials’ term. Thus, the Comelec refused to apply the legal command of Section 8, Article 10 of the Constitution when it granted due course to Asilo’s COC for a prohibited fourth term. The Comelec committed grave abuse of discretion amounting to lack or excess of jurisdiction; its action was a refusal to perform a positive duty required by no less than the Constitution and was one undertaken outside the contemplation of law.”
Basin magamit ning maong desisyon sa mga mopetisyon batok nila Andales ug Arcilla. Pero sutaon usa nila kung preventive suspension ba tong ila.