SEPARATE CONCURRING OPINION
LEONEN, J.:
I concur but with the qualification that a Petition for Disqualification may be the proper remedy. Rule 25 of Commission on Elections Resolution No. 9523 quoted in the decision states:
Rule 25 - Disqualification of Candidates
Section 1. Grounds. - Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court, guilty of, or found by the Commission to be suffering from any disqualification provided by law or the Constitution. (Emphasis supplied)
In my view, the provision refers to Sections 12 and 18 of the Omnibus Election Code and Section 40 of the Local Government Code.1âwphi1 However, it refers as well to the Constitution, which provides for the term limits in question in this case. Article X, Section 8 of the Constitution provides:
The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
Nonetheless, I agree with the results and the rest of the doctrines expounded with clarity by the ponente.
MARVIC M.V.F. LEONEN
Associate Justice
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