CEBU, Philippines - The Commission on Elections First Division has unseated the barangay captain of Tampaan, Aloguinsan after he was found already serving on his fifth term.
A resolution dated October 3, 2014 signed by Commissioners Lucenito Tagle, Christian Robert Lim and Al Parreño ruled that the Certificate of Candidacy of Rogelio Dealagdon for barangay captain has been cancelled and all votes casted in his favor are declared stray.
The Barangay Board of Canvassers of Tampaan is also ordered to reconvene, annul the proclamation of Dealagdon and proclaim his opponent during the election, Tarciso Larisma, and effect the necessary corrections in the Certificate of Canvass and Proclamation.
Larisma filed the petition for disqualification against Dealagdon on October 22, 2013, six days before the October 28 barangay elections.
Dealagdon was proclaimed winner after obtaining 581 votes against Larisma’s 196 votes.
Larisma alleged that Dealagdon violated the three-term limit rule for having been elected as barangay captain in 1997, 2002, 2007, 2010 and 2013 elections.
Dealagdon ran and won as Sangguniang Bayan Member or municipal councilor in 2004, thus “effectively cutting off his term as barangay captain for 2002 to 2007,” said Elias Fernandez, Assistant Regional Director of the Department of Interior and Local Government.
The 1987 Constitution bars and disqualifies local elective officials from serving more than three consecutive terms in the same post. The Comelec said the election of Dealagdon as municipal councilor in 2004 “shall not be considered as an interruption in the continuity of his service as Punong Barangay in the term 2002 to 2007.”
In Bolos, Jr. vs COMELEC, the Supreme Court ruled that a Punong Barangay’s assumption of office as SBM during his term as such is deemed to be voluntary renunciation of office.
“From the foregoing, it is clear that Respondent had been elected and had served as Punong Barangay of Barangay Tampaan for more than three consecutive terms,” read the Comelec resolution. (FREEMAN)