MABALACAT, Pampanga- The Supreme Court has unanimously affirmed the victory and qualification of this town’s Mayor Marino Morales in the May 2007 election, a verdict that has made him, by twist of unusual circumstances, the first in local history to virtually serve as mayor for five consecutive terms starting 1995 and be entitled to reelection for two more terms.
In a unanimous decision penned by Justice Antonio T. Carpio promulgated last January 30, the Court clarified that the term of office of Morales from July 1, 2007 to June 30, 2010 “is effectively his first term for purposes of the three-term limit rule” for local elective officials.
The case stemmed from a disqualification petition against Morales filed by local voter Roberto Dizon, reportedly a supporter of Anthony Dee who had repeatedly lost to Morales in mayoral races since 1995.
Morales’s lawyer Romulo Macalintal noted that Dizon had claimed that the election of Morales in the May 2007 election violated the three-term limit rule for local elective officials since Morales had served as mayor after winning in the polls in 1995, 1998, 2001 and 2004. Dizon said that the 2007 election of Morales would already be his fifth term.
In dismissing Dizon’s petition, the court noted that Morales’s candidacy in the 2004 elections was cancelled. Thus, Morales relinquished his post to his vice mayor on May 17, 2007 and that the latter served the mayor’s remaining term up to June 30 in the same year.
Before this, however, Morales had exercised full mayoral authority after he was proclaimed winner in the 2004 elections.
Still, the Supreme Court held that Morales “was not the duly elected mayor of Mabalacat, Pampanga for the 2004-2007 term and that he did not serve his full term.
“Morales cannot be deemed to have served the full term of 2004-2007 because he was ordered to vacate his post before the expiration of the term. Morales’ occupancy of the position of Mayor of Mabalacat from 1 July 2004 to May 16, 2007 cannot be counted as a term for purposes of computing the three-term limit,” the court said.
The Supreme Court concluded that Morales is now serving another first term as mayor and is entitled to reelection for another two more terms. Morales can still run for mayor in the 2013 and 2016 elections, the court said.
Morales was first elected mayor of this town in 1995 and would have served his last and third consecutive term after winning the 2001 elections for a third term up to 2004. He, however, ran and won again in the 2004 elections, justifying his candicacy by citing an earlier court decision proclaiming Dee as the actual winner in the 1998 mayoral race. Morales argued this created a gap in the three-consecutive term limit of the law, although he had exercised full powers as mayor from 1998 to 2001.
After Morales won again in the 2004 mayoral polls, Dee’s supporter Dizon filed a protest saying the new term would be his fifth. The court issued a verdict in favor of Dizon, but the verdict came only in May 2007. While Morales vacated his post to comply with the court decision, he assumed it as winner in the 2007 elections.
In a unanimous decision penned by Justice Antonio T. Carpio promulgated last January 30, the Court clarified that the term of office of Morales from July 1, 2007 to June 30, 2010 “is effectively his first term for purposes of the three-term limit rule” for local elective officials.
The case stemmed from a disqualification petition against Morales filed by local voter Roberto Dizon, reportedly a supporter of Anthony Dee who had repeatedly lost to Morales in mayoral races since 1995.
Morales’s lawyer Romulo Macalintal noted that Dizon had claimed that the election of Morales in the May 2007 election violated the three-term limit rule for local elective officials since Morales had served as mayor after winning in the polls in 1995, 1998, 2001 and 2004. Dizon said that the 2007 election of Morales would already be his fifth term.
In dismissing Dizon’s petition, the court noted that Morales’s candidacy in the 2004 elections was cancelled. Thus, Morales relinquished his post to his vice mayor on May 17, 2007 and that the latter served the mayor’s remaining term up to June 30 in the same year.
Before this, however, Morales had exercised full mayoral authority after he was proclaimed winner in the 2004 elections.
Still, the Supreme Court held that Morales “was not the duly elected mayor of Mabalacat, Pampanga for the 2004-2007 term and that he did not serve his full term.
“Morales cannot be deemed to have served the full term of 2004-2007 because he was ordered to vacate his post before the expiration of the term. Morales’ occupancy of the position of Mayor of Mabalacat from 1 July 2004 to May 16, 2007 cannot be counted as a term for purposes of computing the three-term limit,” the court said.
The Supreme Court concluded that Morales is now serving another first term as mayor and is entitled to reelection for another two more terms. Morales can still run for mayor in the 2013 and 2016 elections, the court said.
Morales was first elected mayor of this town in 1995 and would have served his last and third consecutive term after winning the 2001 elections for a third term up to 2004. He, however, ran and won again in the 2004 elections, justifying his candicacy by citing an earlier court decision proclaiming Dee as the actual winner in the 1998 mayoral race. Morales argued this created a gap in the three-consecutive term limit of the law, although he had exercised full powers as mayor from 1998 to 2001.
After Morales won again in the 2004 mayoral polls, Dee’s supporter Dizon filed a protest saying the new term would be his fifth. The court issued a verdict in favor of Dizon, but the verdict came only in May 2007. While Morales vacated his post to comply with the court decision, he assumed it as winner in the 2007 elections.
