SOFRONIO B. ALBANIA, v. COMMISSION ON ELECTIONS AND EDGARDO A. TALLADO, G.R. No.

226792, June 06, 2017

Facts: In 2007, Tallado and Typoco contended for the position of Governor in Camarines Norte. Typoco was
proclaimed as the winner. Tallado questioned the proclamation and filed a petition for correction of a
manifest error. The petition was granted and as a result, Tallado served term from March 2010- June 2010,
the end of the 2007-2010 election.

He was again re-elected for the same position in 2010 and 2013. On October 16, 2015, Tallado again filed
his Certificate of Candidacy (COC) as Governor of Camarines Norte. Albania (petitioner) questioned the
same and filed against Tallado a petition for disqualification on November 13, 2015 based on Rule 25 of C of
COMELEC Resolution No. 95238 on two grounds: (1) he violated the three term limit rule under Section 43
of RA No 7160, otherwise known as the Local Government Code of 1991 (LGC); and (2) respondent's
suspension from office for one year without pay, together with its accessory penalties, after he was found
guilty of oppression and grave abuse of authority in the Ombudsman's Order9 dated October 2, 2015.

Both the COMELEC Division and EN Banc dismissed the petition for being filed out of time as the three term
limit rule is ground for ineligibility which constituted false material representation under Section 78 of the
Omnibus Election Code (OEC) and must be filed within 25 days from the time of the filing of the COC.

Petitioner contends that the grounds relied upon on his petition is pursuant to Sec. 12 and 68 of the OEC
and Section 43 of RA No. 7160 or the LGC, hence, the 25 day reglementary period under Sec. 78 of the OEC
does not apply

Issues: (1) WON the petition for disqualification to cancel Tallado's COC was filed out of time under Sec. 78
of the OEC.

(2) WON Tallado violated the three term limit rule under Sec. 43 of the Local Government Code.

Held: (1) Yes. The petition was filed out of time. Violation of the three term limit rule is not a ground for
disqualification under Sec. 12 and 68 of the OEC and Section 43 of RA No. 7160 but an ineligibility which is a
proper ground for a petition to deny due course or to cancel the COC under Sec. 78 of the OEC. Such being
the same, the petition must be filed within 25 days from the time of the filing of the COC. The petition was
filed 3 days after the reglementary period, hence must be dismissed.

(2) No. Tallado did not violate the three term limit rule. The Court held that two conditions must concur for
the application of the disqualification of a candidate based on violation of the three-term limit rule, which
are: (1) that the official concerned has been elected for three consecutive terms in the same local
government post, and (2) that he has fully served three consecutive terms.

In this case, Tallado had not fully served the 2007-2010 term. Such period of time that respondent served
as Governor did not constitute a complete and full service of his term. The period when he was out of office
involuntarily interrupted the continuity of his service as Governor, hence, there was no violation of the
three-term limit rule when he ran again in the 2016 elections.