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Simon B. Aldovino, Jr., Danilo B. Faller and Ferdinand N. Talabong Vs. Commission on Elections and Wilfredo F. Asilo

SIMON B. ALDOVINO, JR., DANILO B. FALLER AND FERDINAND N. TALABONG, Petitioners, versus COMMISSION ON ELECTIONS AND WILFREDO F. ASILO, Respondents

G.R. No. 184836 | 2009-12-23

D E C I S I O N

BRION, J.:

Is the preventive suspension of an elected public official an interruption of his term of office for purposes of the three-term limit rule under Section 8, Article X of the Constitution and Section 43(b) of Republic Act No. 7160 (RA 7160, or the Local Government Code)?

The respondent Commission on Elections (COMELEC) ruled that preventive suspension is an effective interruption because it renders the suspended public official unable to provide complete service for the full term; thus, such term should not be counted for the purpose of the three-term limit rule.

The present petition[1] seeks to annul and set aside...