Monday, October 27, 2014

Comelec unseats Punong Barangay in Lupon

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.

The 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 Proclamation.

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 elections.

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 consecutive terms”.MIO-Lupon

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