Sec. 8, Article X of the 1987 Constitution provides that no elective official shall serve for more than three (3) consecutive terms. Rule and explain briefly the reason if the official is prohibited to run for another term in each of the following situations: (a) ifthe official is a Vice-Mayor who assumed the position of Mayor for the unexpired term under the Local Government Code; (b) if the official has served for three consecutive terms and did not seek a 4th term but who won in a recall election; (c) if the position of Mayor of a town is abolished due to conversion of the town to a city; (d) if the official is preventively suspended during his term but was exonerated; and (e) if the official is proclaimed as winner and assumes office but loses in an election protest. (5%)
Suggested answer only. Not an official answer and not legal advice.
The official is not prohibited in (a), (b), and (e), but is barred in (c) and (d). Sec. 8, Art. X of the 1987 Constitution requires election for three consecutive terms and full service thereof for disqualification.
Unlock the full Political Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Which of the following conditions must concur for the three-term limit rule under Section 8, Article X of the Constitution to apply to a local elective official?
The three-term limit rule applies only when an official has been elected to the same position for three consecutive terms and has fully served all three terms.
A Vice-Mayor assumes the position of Mayor for the unexpired term due to a permanent vacancy under the Local Government Code. Does this assumption count as one full term for the purpose of the three-term limit rule for the office of Mayor?
Service in a higher office by operation of law through succession is not an election to that office and does not count as a term for the three-term limit.
What is the legal effect on the three-term limit rule when a municipality is converted into a city and the incumbent Mayor runs for City Mayor after serving three consecutive terms as Municipal Mayor?
Converting a municipality into a city does not interrupt term continuity for the local chief executive over the same territorial jurisdiction and population.
Why does preventive suspension during an elective local official's term fail to interrupt the continuity of service for the three-term limit rule?
Choices available with full access.
An official who served three consecutive terms as Mayor did not run in the next regular election. Midway through that next term, a recall election was held and the official won. Is the official prohibited from serving after winning the recall election?
Choices available with full access.
Learn more about these topics
1. Three-Term Limit Requisites
For the three-term limit rule under Article X, Section 8 of the 1987 Constitution to apply, two conditions must concur: first, the official must have been elected for three consecutive terms to the same local government post; second, the official must have fully served those three consecutive terms. Voluntary renunciation does not interrupt continuity of service.
2. Involuntary Term Interruption
An interruption that prevents the application of the three-term limit requires an involuntary loss of title to office. Succession by operation of law, losing office in an election protest, or unseating via recall breaks term continuity. Conversely, preventive suspension or municipal conversion into a city does not constitute a valid term interruption because title to office remains intact.
3. Recall Election Impact
An elective local official who served three consecutive terms and subsequently won in a recall election after a gap in service is not barred from holding office. Winning a recall election after not holding office does not constitute an immediate reelection to a fourth consecutive term, as the intervening period represents an effective involuntary interruption of service.