Ang Report Para Kay Boss

Today marks one of the most historical events in the Philippines. The most awaited part is the President’s report or what we call the “State of the Nation Address”. Being in the House of Representatives has paved the way for me to be exposed in so many new things which brought about positive impact in my life. Before the sun let up, I was already giddy and prep myself to look as fabulous as the ever star-studded SONA. Naks! I’ve seen lots of artistas, took pictures with them and even chitchat for a bit. I have also spoken with our district representative Hon. Varf Belmonte and we have exchanged conversations pertaining to the issues in Iligan City and about my policy paper. It was one substantial and intelligent discussion with him. It is actually a rare opportunity to even come close to him and converse like long time colleagues. I have not even been given the chance to talk to him when I was still in Iligan. That is why I am so thankful that CIPYMLY was created to provide opportunities like this for the Youth. I am glad that our district representative was very accommodating not like the others who were pretending to be busy and act as though they are Gods in their own cities. Mr. Belmonte has even encouraged us to do best in our journey here in the House of Representatives. Further, he has even invited us for a simple celebration hopefully before we travel back to our respective hometowns. 

But I was most excited with the SONA which was done in the afternoon session. I am really elated to be a part of this event, to step in the corridors of the plenary session hall, to know how it feels like sitting there and watching the Speaker of the House deliver his opening message, to witness the processes of every bill and how it became a law, and eventually to see for myself and to hear what the President will report to his constituents regarding his plans and programs such as the reforms and effective implementation of technical education, the responsible parenthood bill, the freedom of information bill, the AFP modernization, an improved disaster preparedness in the country, bonus for the government workers among others. 

An hour and a half was all it took for him to deliver his SONA which he labelled as “Report Para Kay Boss”. I appreciate the fact that he has delivered the speech in Tagalog but there were certain loopholes. Still, I am a firm believer that there still persists hope in the Philippines. The reported accomplishments backed up by statistics are somewhat a means of leverage and a sign that our country has developed inch by inch. Although I may have not really felt the benefits of these reported developments but I pray that this shall linger, more so particularly for the next generation to come where to me, an ambitious result surfaces pretty soon. That great vision where our country can now be at par with other highly developed countries not just in the Asia but worldwide. ♥ =)

#ItsMoreFunInThePhilippines

I am a self-confessed foodie and today I was alone at home while trying to arrange stuffs in our little mini-grocery/tindahan. I was the "tindera" for the day since my Mom went to the City to manage the documents for this year's tax payment on our house, store and our car. Since I've been quite hungry after tending our store and cleaning the house, I treated myself with another Philippine street food. Look it!

Other favorite street food includes kwek-kwek (orange egg), balut, tempura and squid ball. There are more things I have yet to discover for in my beloved country that's why the title says it all, twitter trending inspired. Haha! Indulging my taste buds on some streefoods is just one of the main reason why truly it is more "bibo" (fun) in the Philippines. And. I. LOVE. IT! Masarap na fishball,anyone? Hehe. Until next street food discovery! Xoxo..♥ =)

Year End Countdown for 2011: First Times & Freedom

KASAMA Team!

Last year was such a joyride. The ups and downs. You name it! I have to say it has been a very busy, fun, liberating, shocking and absolutely one helluva scary ride. I say busy 'coz I've won the position as treasurer in the College of Law's Student Council last February but sad because I've to give up my online job because I have not been active on it especially during campaigning time. Thus, I was jobless for a moment but not for long.

More so to in February, my MKP family held a first ever sportsfest and it was also the first time I have played bowling. It was great! Also, we did a feeding and outreach program to some communities in Iligan. We went to some schools and in Bantay Bata to cheer up and give goodies to female kids who have been victims of rape. It was something I've always wanted to do which is to help other people in their ordeals in life. It was a gratifying feeling to have helped them & made them smile because of our lil efforts to make their day special.

Precious, Zam, Jehan, Glen and Me :)

By March my batch, the so-called "Fortiores in Fide" is now, for one year, a certified member of Mu Kappa Phi. And in the same month, I have concluded my second semester at law school - FINISHED. I may be an irregular student and surely I will  not be able to graduate on time but it doesn't matter so long as I will be diligent in my studies and be optimistic still. Like what my friend told me, IT ISN'T A RACE. Just do good at school and aim for the top :)

The creative Taurean/Earth Snake that I am and like I said, I will not be jobless for long. I have been hired as a legal researcher/secretary at Gandamra Law Office in the month of May. But then again, I realized the work was kinda stressful and I had to be more focused on my studies for next semester therefore leaving me jobless again. It would have been a pretty awesome job knowing that I am a law student and the experience would have been grand. It would have helped me honed my skills in the said profession very soon especially making docus on memorandum, pleadings and the likes. It was actually a great working place the fact that my bosses are my fraternal brod and sis in Mu Kappa Phi and I feel comfortable but sadly it wasn't good for me to work there for full time and I am concerned about the fact that I might have lots of absences at work due to my being an officer in the student council too.

My take on the pixie-look. Haha! Me with the beautiful ladies
Monique, Joyce and Niel at Malibu House,
Malaybalay, Bukidnon. :)

Still, in the month of May, my being so busy has now commenced in full throttle. Such as talking about traveling and a few contests to attend to such as the ALSP event at Bukidnon with brod Nader and ate Joyce. It was a great experience and again, I met new faces and traveled alone without any family member to escort me there, FOR THE FIRST TIME.

After that said event, I felt a bit freed from having to stay in Iligan for years now. It is time for a new adventure! It was like breaking monotony. I've indeed, started to put my best foot forward on this year.



And so back to reality, before the start of the class on June, I thought I was jobless but that was just for a few months since I got back to teaching at MTIM. They called me on the phone and hired me again after teaching for second semester last January. I never knew I'd be teaching now in MTIM for a year and a half already and it feels so good. I just hope they will offer me more units to teach not just the English subject but my forte per se, which is political science. During this year's event I've met  so many faces and became close to them such as Safa and Seddik, who through, partly my influence, has become instructors also of the same College.

DK, Vienne, Joyce and Me at Manila Gateway.

Then on June to July, I together with some professors and law students, I went to Manila for the first time to attend the PBIEL Seminar. It was quite exciting for again, it was another first time for me to travel the capital city of the country. It was my first time to ride on an LRT/MRT. It was quite fun but dangerous at the same time since alot of people are on the train and I think it's where most snatchers are looming to steal anything they could get taking advantage of the scenario. Oh well, new experience begets new friendship. I got really acquainted with the other law students and learned something from the seminar as well. Again, freedom is here to stay! Plus, it was also the time when my mother bought me a netbook for the sake of this seminar. It was pure heaven! Haha! :)) 

Ate GM with my MKP buddies Glen, Zam and Raffy :)

On September, I met my sister in-law, Ate Gay Marie (GM). She's the wife of my brother Junjun. A true blue Davaoinian. She's also sabay like my Kuya (big bro). Though for her short stay here in Iligan, I've already learned to like her. We strolled her to some of the nice spots in Iligan with some of my closest friends. My family loved her for she reminds us of my elder brother. Soon enough will meet each other again with their lil angel. Hehe. It'll be another addition to our already big family. I can't wait! ;)

Still on September, it was also the month where Ate Anne got hitched with her long time boyfriend Kuya Gerald. Ate GM, my brother and I were invited but the lovers weren't here in the Philippines for they're still at Saudi so I had to act as their representative per se. Their motif was the color red - LOVE! I am with her other STAR-CM friends Ate Rose & Clint, Ate Jonalyn and the others of whom I forgot the name. Hehe. :)

Now here comes the month of October where I've been so preoccupied at law school. The horrors of Atty. Lanto's subject on partnership. Having to deal with assholes y' diablo disguised as human beings the moment I decided to run for school politics. Deym! May Lord God grant them forgiveness of whatever scornful things they've than and may they change for the better. This enriching experience have definitely warned me who to trust and who to stay away from. Poker-faced syndrome is a must and I have somehow managed to learn the art of it.

Also, to stray away from law books for awhile, I have decided to buy and to collect John Grisham books. It was another avenue to motivate me at law school. It was yet another influence to make me love more what I will soon become. At least I've had something to add in my very own bookshelves in my mini-library upstairs.

To continue the privilege of freedom given to me by my beloved mother, in the month of November, I have now joined the bar operations committee. Again. For. The First Time!!! Haha! I was with great people and being surrounded by them motivated me to push forward with life. I was again back in Manila and this was another great experience to treasure. It has helped me loved my soon to be profession, THAT MUCH. For I have quite figured out the small details about law school and those sorts of stuffs. It made me appreciate what I'll be doing soon as an administrator of justice, as a lawyer, of course.

Then all of a sudden, Sendong hits Iligan City on December. Just like that! The scary journey I had being an officer is that same feeling which drastically haunted me when alot of people died and many houses were damaged at dawn on December 17. It's was unbelievable. We never thought Iligan could experience such tragedy. It was the first ever that tons of casualties and properties have been juggernaut. Even my sisters who lived in Orchids Subdivision and in Lambaguhon have been victims of this tropical storm. I am just grateful to the Lord that they've survived this calamity. We could not imagine the things they have experience on that day the fact that seeing the aftermath of the flood was way beyond our expectations. It was an instant ghost town. Totally wiped out! We were hoping we could have celebrated my Dad's birthday on that day but what was to happen next was astonishing. Lives were taken and things that were in the way of Sendong were all destroyed in a blink of an eye. Dreams were crushed and hearts were crying. 

But on a lighter note, "UNITY AMIDST DIVERSITY" occurred out of this unforgettable battle, whether due to Mother Natures wrath or be it a man-made calamity in itself. Iliganons and those from CDO received help and various donations from different parts in the country. We've witnessed the spirit of bayanihan irregardless of the fact that you are rich or poor, a Christian or a Muslim. There were no boundaries. Everyone even those who have been victims too have helped other victims. Therefore, making each of them a catalyst for positive change in the aforementioned cities.

Truly it is painful to see those people who have lost everything, whether material or losing a loved one. Others are up to now, still haven't found the missing bodies of their family members. I am just thankful that out of this unimaginable experience, my family is in good hands. And that a positive thing has happened because of this event. I've in the process, matured into another level. I have come into good terms with my sisters whom I haven't been in total contact with for the past months/years. The hatred inside my heart was also totally wiped off. That deep seated anger finally subsided. It felt like that burden I have carried for a long haul has now finally been unloaded. 

Indeed, blood is thicker than water. I can say I now have peace of mind especially so that beginning today I am starting to rebuild the damaged relationship I had with them. Each of us may have our faults with each other but, if God can forgive the sinners then who am I not to forgive my own blood. 

Sendong's wrath taught me a lot of lessons. I forgave. I loved. I cared. I was able to extend a helping hand to the victims by doing relief operations be it in my individual efforts or with the help of my colleagues at law school. It was my way of thanking God for saving my family through that raging storm. It feels like everything is renewed inside my heart. It felt like we just landed on a new territory while on board on Noah's ark. A new beginning awaits as we welcome the year 2012.

When Sendong left Philippines, the hatred I've felt begins to vanish into oblivion and the secrets I've carefully concealed for years have now been let out of the bag. I've managed to open my secrets to my mother when it comes to matters of the heart. It felt great. I felt light. I felt so open. I felt so safe. It was freedom. It was amazing to have shared my emotions with my mother now that she gave me the permission to be in a relationship for my 22 years of existence. Haha! I am a bit pressured but I'll just go with the flow. Only God knows what my fate will be. I lay it all in His Glory. 

And ow, since we're talking a lil about my lovelife here, then maybe an old flame can be possibly rekindled? Haha. THAT I have yet to discover as 2012 unfolds. Question is, "Will this year of the water dragon be in favor of my soon to be blossoming lovelife? Or will it stop me from  a terrible heartache?" It remains to be unknown. I am scared but again, together, let's find out. Hang on tight, you! It'll be another roller-coaster ride for us. Hehe. ♥ =)

By the way, Happy New Year! Happy New You! :)

Bagyong Sendong

Signal number 1 hits here in Mindanao! A thick knot hits deep in my stomach. I felt so scared. My heart stopped for a moment and my lungs skip a breath. This is the first time in the longest time that I've experience a storm invading our little City. I could not remember the last time we've experienced this intense kind of weather. Rains pouring down on our rooftops like bullets fired in armalite rifles and the winds gushing so damn hard as if the roof is about to fly. Lights flickering on and off just like in a horror movie and the environment is freezing cold. It's been raining so hard for hours now and my mind races sporadically of the possibility that sooner or later the lights will die out since my internet connection unexpectedly got terminated (for the first time!) and maybe in a few hours we'll be flooded so bad all because of this surging tropical cyclone now turned into a full pledged typhoon. I feel so petrified. Now I am starting to feel neurotic but I gotta stay composed and vigilant. 

My mom’s already asleep and I keep myself awake guarding the entire house for possible thieves looming just around the corner taking advantage of this kind of weather. I keep myself perky at dawn and prepared our emergency light, candles and matches just in case a power interruption happens. Just when I hit back on my netbook to make some coffee, the lights eventually died just as what I’ve expected. Now this is really bad. I tried calling my sisters who are a few miles from us but I cannot send a message through my cellphone for the Globe network itself crashed down and even the telephone lines too. All I can do is to pray for them that they are safe especially to those who are living near a creek. I can imagine the house floating, people sitting on their rooftops shouting for help or the worst case scenario, some people might be dead as Bagyong Sendong wrecks havoc at exactly 12 midnight.

The hours passed by slowly and the rain let up at dawn yet the electricity, internet and telephone lines are down. My brother from Jubail called me on my cellphone to ask if we’re okay and thankfully we’re safe for now but I am really praying for my sisters and their families to be safe and away from the flood and those sorts of stuffs.

My eyes eventually start to feel sleepy and I surrender to the muddled thoughts racing wildly through my mind and get on to bed. Then around 7 in the morning, we heard people talking in the streets about certain areas in Iligan being totally damaged and hundreds of people died. Since electricity was out and globe networks still down, we haven't had any updates from my sisters or what has happened outside our Subdivision. So when the people walking on the street mentioned many dead casualties at Bayug Orchids Home, Hinaplanon & Lambaguhon; our hearts beat fast. So mom visited where my sisters lived and thank God they are safe however their house and things are drastically damaged. I am just thankful to Jesus that my family is safe but I feel for those people who died and the families they left and to those who are still missing. No one thought this was ever gonna happen in the City of Waterfalls. 

Almost a day passed by and still, the number of casualties are increasing and I could still hear the noise of ambulance racing from one place to another getting the dead bodies of those who became the unfortunate victims of Bagyong Sendong. Various pictures and videos of those victims showing the aftermath of this calamity were posted on Facebook and other social networking sites. Here are some of the pictures I saw from my FB account:

Photo Credits from Atty. Tanya Lat's FB

And thanks to these social networking sites because we are also able to update our families abroad of what is currently happening to their families back here in the Philippines. Some organizations too have helped raising funds and getting donations for the victims. I even volunteered to repack relief goods in less than 8 hours from now. I also plan to donate some used clothes especially for the little children. I'll be at the City Plaza and IIT gymnasium to assist those families who have nothing left of them except themselves. All their things, their house and car have been completely washed out. So me and some of my fellow law students decide to help these people the best that we can so that at least in our small efforts we have uplifted their souls to never lose hope and continue to fight, to live.

And may we pray for the eternal repose of those who have died and may those people who are missing shall be found soon. This could be the most tragic thing that's ever happened in Iligan City but through prayers, only He can help us, Jesus Christ, to keep us strong during these difficult times and to make things better just like before.

Sweets love Water Buffalo

Today I woke up quite late due to the still-irritating-menstrual-cramps but I am quite okay now especially after watching Bones Season 6 Episode 7 on Fox. I tried to relax myself after reading law books then I watched NCIS, CSI, Criminal Minds and now Bones. This episode totally caught my eye when Sweets mentioned he sponsored water buffalo in Philippines. Haha!  I intently listened and keeping a wary eye to the scene where Sweets and Dr. Camille had a conversation about the latter being such a control freak on her daughter Michelle (Same name like mine. Hehe!) I was really looking forward to this because they look great together and they do have a thing for each other at least that's what I thought. So I took a snap shot of Sweets and the conversation they had which made me jumpy when he did mention my country.

Camille: Remind me again why I should listen to someone who doesn’t even take care of a pet?

Sweets: Right.  *pause*  I sponsor water buffalo in the Philippines.

Camille: And I supposed you wouldn't get in the way of her decisions?

Sweets: Oh, I wouldn't get in her way, period!

Aww. Mister Sweets! You just made my day!

Out of all the cast in Bones, he is my sorta crushie. I just love to look at him on the big screen. I didn't know you were fond of "carabaos"/water buffalo. :P

ELECTION LAW CASE DIGESTS

The fact that all professors at law school require some, if not all law students to digest cases a part from memorizing tons of articles or provisions; and so this is the main reason why I've published another entry for my blog for the longest time to help law students when it comes to digesting cases. I for one knows how it's like to face tremendous amount of pressure and stress at law school since I myself is a law student. Imagine the horror and shamefulness we experience if we cannot give the right answer when we're asked by our professors, not being able to cite them the right provisions in law, and just about everything that a student of law is bound to experience. 

I've been pretty busy at law school and I realized that through this blog entry, I might be able to aid law students in their projects or assignments. I guess these compilations of digested cases in election law might help future law students too who will soon take up the said subject. Thus, here is my own list of cases digested and I hope it has helped you guys out. Good luck on your future endeavors and dream big! Hopefully I can provide more digested cases from different subjects soon if I have enough time though. I'll keep you guys posted! :)

MIRIAM DEFENSOR – SANTIAGO versus FIDEL RAMOS (253 SCRA 559)

Facts:

The protestant, Miriam Defensor-Santiago ran for presidency and lost in the May 1992 election. In her Motion on the 16^th day of August in the year 1995, reiterated in her comment of the 29^th of August of the same year, protestant Defensor-Santiago prayed that the revision in the remaining precincts of the pilot areas be dispensed with and the revision process in the pilot areas be deemed computed.

The Court deferred action on the motion and required, instead, the protestant and protestee to submit their respective memoranda. Hence, this petition.

Issue:

Whether or not the election protest filed by Defensor-Santiago is moot and academic by her election as a Senator in the May 1995 election and her assumption of office as such on the 30^th of June in the year 1995.

Held:

YES. The Court held that the election protest filed by Santiago has been abandoned or considered withdrawn as a consequence of her election and assumption of office as Senator and her discharge of the duties and functions thereof.

The protestant abandoned her “determination to protest and pursue the public interest involved in the matter of who is the real choice of the electorate.

Moreover, the dismissal of this protest would serve public interest as it would dissipate the aura of uncertainty as to the results of the 1992 presidential elections, thereby enhancing the all too crucial political stability of the nation during this period of national recovery.

Also, the PET issued a resolution ordering the protestant to inform the PET within 10 days if after the completion of the revision of the ballots from her pilot areas, she still wishes to present evidence. Since DS has not informed the Tribunal of any such intention, such is a manifest indication that she no longer intends to do so.

MERCADO versus MANZANO (307 SCRA 630)

Facts:

Respondent Eduardo Manzano won as vice mayor of Makati City in the May 1998 elections.

However, upon petition of a certain Ernesto Mamaril, the COC of Manzano was cancelled by COMELEC on the ground that he is a dual citizen.

Issue:

Whether or Not private respondent is qualified to hold office as Vice-Mayor.

Held:

YES. Private respondent Manzano was qualified to run for the position of vice mayor of Makati. The COMELEC en banc held that Manzano acquired US citizenship by operation of the United States Constitution and laws under the principle of jus soli. He was issued an alien certificate of registration. This, however, did not result in the loss of his Philippine citizenship since he did not take an oath of allegiance to the United States. It is an undisputed fact that when Manzano attained the age of majority, he registered himself as a voter, and voted in the elections of 1992, 1995 and 1998, which effectively renounced his US citizenship under American law. 

According to Article IV Section 5 of the 1987 Philippine Constitution provides that dual allegiance of citizens is inimical to the national interest and shall be dealt with by law. Dual citizenship is not dual allegiance; as such dual allegiance and not dual citizenship shall be dealt with by the law.

MARQUEZ versus COMELEC (243 SCRA 538)

Facts:

Marquez, a candidate for an elective position in Quezon Province during the 1998 elections, filed a petition praying for the cancellation of the certificate of candidacy of Rodriguez on the ground of disqualification under section 40 of the Local Government Code (Section 40. Disqualification. The following persons are disqualified from running for any local elective position… (e) Fugitive from justice in criminal or non-political cases here or abroad.) Rodriguez is allegedly criminally charged with insurance fraud or grand theft of personal property in the United States and that his arrest is yet to be served because of his flight from the country. The COMELEC dismissed Marquez’s Petition. Rodriguez was proclaimed the Governor-elect of Quezon.

Issue:

Whether or not private respondent, who at the time of the filing of his COC is said to be facing criminal charges before a foreign court and evading a warrant of arrest comes within the term “fugitive from justice”.

Held:

NO. Although it is provided in Article 73 of the Rules and Regulations implementing the Local Government Code of 1991 that for a person to be considered a fugitive from justice, he or she has to be convicted by final judgment, but such definition is an ordinate and under circumscription of the law. For the term fugitive from justice includes not only those who after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution. This definition truly finds support from jurisprudence, and it may be conceded as expressing the general and ordinary connotation of the term.

VETERANS FEDERATION PARTY versus COMELEC (G.R. No. 136781)

Facts:

COMELEC proclaimed 14 party list representatives from 13 parties which obtained at least 2% of the total number of votes cast as member of the House of Rep. Upon petition by other party-list organization, it proclaimed another 38 additional party representatives although they received less than 2% of the votes on the ground that under the Constitution it is mandatory that at least 20% of the members of House of Representatives must come from the party list representatives.

Issue:

Whether or not Section 5(2), Article VI of the Constitution is mandatory where at least 20% of the members of the House of Representatives must come from the said party list system or representatives.

Held:

NO. It merely provides a ceiling for party list seats in the House of Representatives.  The Congress is vested with power to define and prescribe the mechanics of the party-list system of representation.  In the exercise of their Constitutional prerogative, Congress deemed it necessary that parties participating in the system to obtain at least 2% of the total votes cast to be entitled to a party-list seat.  This is to ensure that only parties with sufficient number of constituents are actually represented in Congress.

BORJA versus COMELEC

Facts:

Private respondent Jose T. Carpo, Jr. was elected vice-mayor of Pateros on January 18, 1988 for a term ending June 30, 1992.  On September 2, 1989, he became mayor, by operation of law, upon the death of the incumbent, Cesar Borja.  For the next two succeeding elections in 1992 and 1995, he was again re-elected as Mayor. 

On March 27, 1998, private respondent Carpo filed a certificate of candidacy for mayor of Pateros relative to the May 11, 1998 elections.  Petitioner Benjamin U. Borja, Jr., who was also a candidate for mayor, sought Carpo’s disqualification on the theory that the latter would have already served as mayor for three consecutive terms by June 30, 1998 and would therefore be ineligible to serve for another term after that.

COMELEC ruled in favor of petitioner and declared private respondent Carpo saying that “In both the Constitution and the Local Government Code, the three-term limitation refers to the term of office for which the local official was elected. It made no reference to succession to an office to which he was not elected.” Carpo won the election case against Borja. Hence, this petition.

Issue:

Whether or not a person who served in a position by operation of law could be considered as having served the term for the purpose of the three-term limit under the Constitution.

Held:

NO. The court held that when Carpo occupied the post of the Mayor upon the incumbent’s death and served for remainder of the term, he cannot be construed as having served a full term as contemplated under the three term limit. The term he served must be one for which he was elected. Furthermore, before assuming the position of Mayor, he served first as a Vice Mayor and the duties and responsibilities of the two positions are wholly different from each other. 

  

ADORMEO versus COMELEC (G.R. No. 147927)

Facts:

Respondent Talaga was elected Mayor of Lucena City in 1992, re-elected in 1995, but lost to Tagarao in 1998 elections. Tagarao was recalled and in the May 12, 2000 recall elections, Talaga won and served the unexpired term of Tagarao until June 30, 2001. Talaga was candidate for Mayor in the May 14, 2001 elections, and a petition for cancellation of his certificate of candidacy was filed on the ground that he has served as Mayor for three consecutive terms.

Issue:

Whether or not Talaga has served as Mayor of Lucena City for three consecutive terms.

Held:

NO. In the case at bar, Talaga did not serve for 3 consecutive terms. For nearly 2 years, he was a private citizen. The continuity of his mayorship was disrupted by his defeat in the 1998 elections.“

If one is elected representative to serve the unexpired term of another, that unexpired term, no matter how short, will be considered one term for the purpose of computing the number of successive terms allowed” this comment of Constitutional Commissioner Fr. Bernas applies only to members of the House of Representatives. Unlike government officials, there is no recall election for members of Congress.

Neither can Talaga’s victory in the said recall election can be deemed as a “voluntary renunciation” under the Constitution. It was only by virtue of the recall that he served Tagarao’s unexpired term. This did not amount to a third full term.

VALLES versus COMELEC (337 SCRA 543)

Facts:

This is a petition for certiorari under Rule 65, pursuant to Section 2, Rule 64 of the 1997 Rules of Civil Procedure, assailing Resolutions dated July 17, 1998 and January 15, 1999, respectively, of the Commission on Elections in SPA No. 98-336, dismissing the petition for disqualification filed by the herein petitioner, Cirilo R. Valles, against private respondent Rosalind Ybasco Lopez on citizenship grounds, in May 1998 elections for governor of Davao Oriental.

Respondent was born on May 16, 1934 in Australia to a Filipino father and an Australian mother, who ran for governor of Davao Oriental. In 1998, she applied for an Alien Certificate of Registration (ACR) and Immigrant Certificate of Residence (ICR) and was issued an Australian passport.

Issues:

1. Whether or not respondent is a Filipino.

2. Whether or not, if proven that she is a Filipino, did she, in anyway renounced   her citizenship by applying for ACR and ICR and being issued an Australian passport.

Held:

YES. Respondent is a Filipino since her father is a Filipino.

In 1934, the controlling laws of the Philippines were the Philippine Bill of July 1, 1902 and the Philippine Autonomy Act of August 29, 1916 (Jones Law). Under both organic acts, all inhabitants of the Philippines who were Spanish subjects on April 11, 1899 and resided therein, including their children, are considered Philippine citizens. Respondent’s father was therefore a Filipino, and consequently, her.

As for issue number two, respondent did not lose her citizenship. Renunciation of citizenship must be express. Applying for ACR, ICR, and Australian passport are not enough to renounce citizenship. They are merely acts of assertion of her Australian citizenship before she effectively renounced the same. Holding of an Australian passport and an alien certificate of registration does not constitute an effective renunciation of citizenship and does not militate against her claim of Filipino citizenship. At most, she has dual citizenship.

MARCOS versus COMELEC (208 SCRA 300)

Facts:

Petitioner Imelda Romualdez-Marcos filed her Certificate of Candidacy for the position of Representative of the First District of Leyte. Private respondent Cirilo Roy Montejo, a candidate for the same position, filed a petition for cancellation and disqualification with the COMELEC alleging that petitioner did not meet the constitutional requirement for residency. Private respondent contended that petitioner lacked the Constitution’s one-year residency requirement for candidates for the House of Representatives.

Issue: 

Whether or not the statement in the COC determines whether an individual satisfied the constitution’s residency qualification requirement, to warrant herein petitioner’s disqualification.

Ruling: 

NO. Having determined that petitioner possesses the necessary residence qualifications to run for a seat in the House of Representatives in the First District of Leyte, the COMELEC's questioned Resolutions dated April 24, May 7, May 11, and May 25, 1995 are hereby SET ASIDE. Respondent COMELEC is hereby directed to order the Provincial Board of Canvassers to proclaim petitioner as the duly elected Representative of the First District of Leyte. 

  

QUINTO versus COMELEC (G.R. No. 189698)

Facts:

Petitioners Eleazar P. Quinto and Gerino A. Tolentino, Jr. filed a petition for certiorari and prohibition against the COMELEC for issuing a resolution declaring appointive officials who filed their certificate of candidacy as ipso facto resigned from their government offices because at such time they are not yet treated by the law as candidates. They should be considered resigned from their respective offices only at the start of the campaign period when they are, by law, already considered candidates.

In this defense, the COMELEC avers that it only copied the provision from Sec. 13 of R.A. 9369.

Issue: 

Whether or not the said COMELEC resolution was valid.

Held: 

NO. In the Fariñas case, the petitioners challenged Sec. 14 of RA. 9006 repealing Sec. 66 of the Omnibus Election Code (OEC) for giving undue benefit to elective officials in comparison with appointive officials. Incidentally, the Court upheld the substantial distinctions between the two and pronounced that there was no violation of the equal protection clause. However in the present case, the Court held that the discussion on the equal protection clause was an obiter dictum since the issue raised therein was against the repealing clause. It didn’t squarely challenge Sec. 66.

Sec. 13 of RA. 9369 unduly discriminated appointive and elective officials. Applying the 4 requisites of a valid classification, the proviso does not comply with the second requirement – that it must be germane to the purpose of the law.

The obvious reason for the challenged provision is to prevent the use of a governmental position to promote one’s candidacy, or even to wield a dangerous or coercive influence of the electorate. The measure is further aimed at promoting the efficiency, integrity, and discipline of the public service by eliminating the danger that the discharge of official duty would be motivated by political considerations rather than the welfare of the public. The restriction is also justified by the proposition that the entry of civil servants to the electorate arena, while still in office, could result in neglect or inefficiency in the performance of duty because they would be attending to their campaign rather than to their office work.

LONZANIDA versus COMELEC (G.R. No. 135150)

Facts:

Petitioner Romeo Lonzanida duly elected and served two consecutive terms as municipal mayor of San Antonio, Zambales prior to the May 8 1995 elections where he ran for the mayoralty position of San Antonio, Zambales and was again proclaimed the winner. He then assumed office and discharged said duties therof. His proclamation in the year 1995 was however contested by his then opponent Juan Alvez who later on filed an election protest.

In the year 1997, the RTC of Zambales declared a failure of elections. After a revision and re-appreciation of the contested ballot, COMELEC declared Alvarez the duly elected mayor of San Antonio, Zambales and ordered petitioner to vacate the post.

On the 11^th of May in the year 1998 elections again, Lonzanida ran for mayor wherein his contender Eufemio Muli filed a petition to disqualify the former from running for mayor of San Antonio in the 1998 elections on the ground that he had served three consecutive terms in the same post.

Lonzanida’s assumption of office by virtue of his proclamation in May 1995, although he was later unseated before the expiration of the term, should be counted as service for one full term in computing the three term limit under the Constitution and the Local Government Code.

Issue:

Whether or not tit may be considered that the petitioner had served three consecutive terms, granting that he did not finish his term in 1995.

Held:

NO. By reason of his involuntary relinquishment of office, petitioner did not fully serve the 1995 to 1998 mayoral term and became a private citizen. The said disqualification was primarily intended to forestall the accumulation of massive political power by an elective local government official in a given locality in order to perpetuate his tenure in office. The court set two conditions which must concur in order to disqualify an elective local official from serving more than three consecutive terms such as that 1.)  the official concerned has been elected for three consecutive terms in the same local government post and that 2.) he has fully served three consecutive terms.

AZNAR versus COMELEC (185 SCRA 703)

Facts:

Emilio “Lito” Osmeña filed his certificate of candidacy with the COMELEC for the position of Provincial Governor of Cebu in the 18 January 1988 elections. Petitioner, Jose B. Aznar, filed with the COMELEC a petition for the disqualification of Osmeña on the ground that he is not a Filipino citizen since he is a citizen of the United States. COMELEC en banc decided to suspend the proclamation. Osmeña maintained that he is a Filipino citizen, alleging that (1) he is the legitimate child of Dr. Emilio D. Osmeña, a Filipino and son of the late President Sergio Osmeña, Sr., (2) that he is a holder of a valid and subsisting Philippine Passport, (3) that he was continuously residing in the Philippines since birth and has not gone out of the country for more than six months, and (4) that he has been a registered voter in the Philippines since 1965.

Issue:

Whether or not respondent is no longer a Filipino citizen by acquiring dual-citizenship.

Held:

YES. Osmena is still a Filipino. The court held that Aznar’s contention was not meritorious. Aznar’s argument that Osmeña is not a Filipino citizen and therefore, disqualified from running for and being elected to the office of Governor of Cebu, is not supported by substantial and convincing evidence. Aznar failed to provide proof that Osmeña has lost the citizenship by any of the modes provided for under C.A. No. 63, these are: (1) by naturalization in a foreign country, (2) by express renunciation of citizenship, or (3) by subscribing to an oath of allegiance to support the Constitution or laws of a foreign country. Osmeña did not lose his Philippine citizenship in any of the modes provided.

By virtue of his being a son of a Filipino father, the presumption that Osmeña is a Filipino remains. In this case, Osmeña denies having taken the oath of allegiance of the United States. He is a holder of a valid and subsisting Philippine passport and has continuously participated in the electoral process in this country since 1963.

The court held that the dissent of Mr. Justice Teodoro Padilla, that because Osmeña obtained certificates of Alien Registration as an American citizen, the first in 1958 when he was 24 years old and the second in 1979, he should be regarded as having expressly renounced Philippine citizenship, does not hold water. The court in this case held that Osmeña is still a Filipino citizen. It may also be noted he was not even declared a dual citizen.

RIVERA III versus COMELEC (G.R. No. 167591)

Facts:

A petition for cancellation of the COC of Marino Morales as mayoralty candidate in Mabalacat, Pampanga for the May 2004 mayoralty was filed on the ground that he had already served three consecutive terms in the office that he seeks to run for.

However, Morales argues that this is not so because although he really served in 1995 – 1998 in his first term and 2004 – 2007 for his third term, he was merely a caretaker or de facto mayor in the year 1998 – 2001 for his said to be second term that is because his election was declared void by the RTC due to an election protest.

COMELEC ruled that Morales already served his third term and after an MR was filed, declared it final and executory on May 14, 2004.

Issue:

Whether or not Morales had already served his three consecutive terms and if so, who should take his position.

Held:

For the three term limit for elective government officials to apply, two conditions must concur to wit: 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.

As the issue whether a “caretaker” or “de facto” officer, he exercises the powers and enjoys the prerequisites of the office which enables him “to stay on indefinitely”.

With regard to the person who will replace Morales, it is a rule that the ineligibility of a candidate receiving majority votes does not entitle the eligible candidate receiving the next highest number of votes to be declared elected. A minority or defeated candidate cannot be deemed elected to the office.

Since his disqualification became final and executory after the elections, the candidate having the second highest number of votes cannot assume the position. Hence, it is the petitioner, the elected Vice Mayor Anthony Dee who should be declared as the mayor.

AQUILINO Q. PIMENTEL, JR.

versus

JOINT COMMITTEE OF CONGRESS TO CANVASS THE VOTES FOR PRESIDENT & VICE PRESIDENT IN THE MAY 10 2004 ELECTIONS

Facts:

By a petition for prohibition, Senator Aquilino Q. Pimentel, Jr. seeks a judgment declaring null and void the continued existence of the Joint Committee of Congress to determine the authenticity and due execution of the certificates of canvass and preliminarily canvass the votes cast for Presidential and Vice Presidential candidates in the May 10 2004 elections following the adjournment of Congress on June 11 2004.

The petition corollarily prays for the issuance of a writ of prohibition directing the Joint Committee to cease and desist from conducting any further proceedings pursuant to the Rules of the Joint Public Session of Congress on Canvassing.

Issue:

Whether or not legislative procedure, precedent or practice as borne out by the rules of both Houses of Congress supports Pimentel’s arguments against the existence and proceedings of the Joint Committee of Congress after the adjournment of Congress.

Held:

NO. Pimentel’s claim that his arguments are buttressed by “legislative procedure, precedent or practice as borne out by the rules of both Houses of Congress” is directly contradicted by Section 42 of Rule XIV of the Rules adopted by the Senate, of which he is an incumbent member.

Moreover, the precedents set by the 1992 and 1998 Presidential Elections do not support the move to stop the ongoing canvassing by the Joint Committee. Thus, during the 1992 Presidential elections, both Houses of Congress adjourned on 25 May 1992. Thereafter, on 22 June 1992, the Eight Congress convened in joint public session as the National Board of Canvassers, and on even date proclaimed Fidel V. Ramos and Joseph Ejercito Estrada as President and Vice President, respectively.

MITRA versus COMELEC (G.R. No. 191938)

Facts:

When his COC for the position of Governor of Palawan was declared cancelled, Mitra was the incumbent Representative of the Second District of Palawan. This district then included, among other territories, the Municipality of Aborlan and Puerto Princesa City. He was elected Representative as a domiciliary of Puerto Princesa City, and represented the legislative district for three (3) terms immediately before the elections of 2010.

On March 26, 2007 (or before the end of Mitra’s second term as Representative), Puerto Princesa City was reclassified as a "highly urbanized city" and thus ceased to be a component city of the Province of Palawan. The direct legal consequence of this new status was the ineligibility of Puerto Princesa City residents from voting for candidates for elective provincial officials.

On March 20, 2009, with the intention of running for the position of Governor, Mitra applied for the transfer of his Voter’s Registration Record from Precinct No. 03720 of Brgy. Sta. Monica, Puerto Princesa City, to Sitio Maligaya,Brgy. Isaub, Municipality of Aborlan, Province of Palawan. He subsequently filed his COC for the position of Governor of Palawan as a resident of Aborlan.

Soon thereafter, respondents Antonio V. Gonzales and Orlando R. Balbon, Jr. (the respondents) filed a petition to deny due course or to cancel Mitra’s COC.

Issue:

Whether or not Mitra is qualified to run for Governor of Palawan.

Held:

YES. Mitra is qualified to rum for the position as Governor of Palawan. The Supreme Court ruled that Mitra did not misrepresent himself and that he met the residency requirement as mandated by the Constitution. 

The election of Abraham Kahlil Mitra as governor of Palawan in the May 10, 2010 elections was upheld in a vote of 11-3. The respondents were not able to present a convincing case sufficient to overcome Mitra’s evidence of effective transfer to and residence in Aborlan and the validity of his representation on this point in his COC. Likewise, the "COMELEC could not present any legally acceptable basis to conclude that Mitra’s statement in his COC regarding his residence was a misrepresentation."

  

SOCRATES versus COMELEC

Facts:

Edward Hagedorn has already served for three consecutive terms as mayor from 1992 to 2001. He did not run in the immediately following regular elections. One July 2, 2002, the incumbent mayor, Socrates, faced a recall proceeding and was asked to step down from office.

On August 23 of the same year, Hagedorn filed his COC for mayor in recall election. A petition for his disqualification was filed by Socrates on the ground that he cannot run for the said post for his 4^th consecutive term.

Issue:

Whether or not Hagedorn was qualified to run for the 2003 recall election.

Held:

YES. The court ruled that the rationale behind the three term rule was to prevent consecutiveness in holding office. In the case of Edward Hagedorn, there was a break after the end of his third term and before the recall election.

FORNIER versus COMELEC

Facts:

Victorino X. Fornier, petitioner initiated a petition before the COMELEC to disqualify FPJ and to deny due course or to cancel his certificate of candidacy upon the thesis that FPJ made a material misrepresentation in his certificate of candidacy by claiming to be a natural-born Filipino citizen when in truth, according to Fornier, his parents were foreigners; his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, being the son of Lorenzo Pou, a Spanish subject. Granting, petitioner asseverated, that Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino citizenship to FPJ, the latter being an illegitimate child of an alien mother. Petitioner based the allegation of the illegitimate birth of respondent on two assertions - first, Allan F. Poe contracted a prior marriage to a certain Paulita Gomez before his marriage to Bessie Kelley and, second, even if no such prior marriage had existed, Allan F. Poe, married Bessie Kelly only a year after the birth of the respondent.

Issue:

Whether or Not FPJ is a natural born Filipino citizen.

Held:

It is necessary to take on the matter of whether or not respondent FPJ is a natural-born citizen, which, in turn, depended on whether or not the father of respondent, Allan F. Poe, would have himself been a Filipino citizen and, in the affirmative, whether or not the alleged illegitimacy of respondent prevents him from taking after the Filipino citizenship of his putative father. Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death in 1954, in the absence of any other evidence, could have well been his place of residence before death, such that Lorenzo Pou would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in 1902. That citizenship (of Lorenzo Pou), if acquired, would thereby extend to his son, Allan F. Poe, father of respondent FPJ. The 1935 Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate.

But while the totality of the evidence may not establish conclusively that respondent FPJ is a natural-born citizen of the Philippines, the evidence on hand still would preponderate in his favor enough to hold that he cannot be held guilty of having made a material misrepresentation in his certificate of candidacy in violation of Section 78, in relation to Section 74, of the Omnibus Election Code.