Philippine Bar review · Question

Practice question: Term Limits (See also RA 12232)

Multiple Choice Hard

Practice question

A mayor has been elected to and fully served three consecutive terms in the same position except for a voluntary resignation during the final two weeks. He immediately seeks another consecutive term, arguing the short self-created gap is equivalent to Abundo's prolonged involuntary exclusion while a rival occupied office. Which is best?
  1. Every gap has identical legal effect
  2. The analogy fails: voluntary renunciation is expressly excluded as an interruption, unlike Abundo's material facts
  3. A two-week resignation automatically makes the official a first-term candidate
  4. Abundo abolishes the constitutional limit
  5. The election officer may ignore the Constitution

Legal references

  • 1987 Constitution, Article X Section 8: https://lawphil.net/consti/cons1987.html
  • Abundo v. COMELEC, GR 201716, January 8, 2013, main opinion: https://lawphil.net/judjuris/juri2013/jan2013/gr_201716_2013.html

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