Lupon, Davao Oriental - The Commission on ElectionsFirst Division has unseated the Punong Barangay of Barangay Langka, Lupon, Davao Oriental after he wasfound already serving on his fourth term.
A resolution dated September 26, 2014 signed by Commissioners
LucenitoTagle, Christian Robert Lim andAl Parreño ruled that the
Certificate of Candidacy ofArfran L. Quiñones for Punong Barangay has
been cancelled and all votes casted in his favor are declared stray.
Barangay Board of Canvassers of Langka is alsoordered to reconvene,
annul the proclamation of Quiñones and proclaim the candidate who
obtained the highestnumber of votes among the qualified candidates, and
effect the necessary corrections in the Certificate of Canvass and
Fernando Nermal filed the petition for disqualification against ArfranQuiñones on October 28 barangay elections.
Carlos Pagsuguiron was proclaimed winner after obtaining the highest votes against Fernando Nermal votes.
Nermal alleged that Quiñones violated the three-termlimit rule for
having been elected as Punong Barangay in 2002, 2007, 2010 and 2013
The 1987 Constitution bars and disqualifies local elective officials
from serving more than threeconsecutive terms in the same post. The
Comelec saidthe election of Quiñones as municipal mayor in 2004“shall
not be considered as an interruption in thecontinuity 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 Langka for more than three