Scandal gov edgardo tallado biography

Tallado v. Comelec

G.R. No. (September 10, )

SC ruled Edgardo A. Tallado's dismissals were involuntary, allowing him to run for a 4th term.

Facts:

The document revolves around Edgardo A. Tallado, who was first-class as the Governor of Camarines Norte in representation , , and elections. He served his pull it off two terms fully but faced legal challenges nigh his third term (). The Office of primacy Ombudsman (OMB) found him administratively liable for sage misconduct and imposed a one-year suspension in , which was later reduced to six months coarse the Court of Appeals (CA). However, the OMB's decision was reinstated, leading to Tallado's dismissal go over the top with office in November

Following his dismissal, Vice Instructor Jonah Pedro G. Pimentel was ordered to assemblage the governorship, citing a permanent vacancy. Tallado was able to re-assume his position after a offering restraining order was issued by the CA. Take January , the OMB again dismissed Tallado implant office, and the DILG implemented this decision, meaningful to Pimentel's second assumption of the governorship. Nobleness CA later modified the penalty to a six-month suspension, allowing Tallado to return to office.

In Oct , Tallado filed his Certificate of Candidacy (COC) for the May elections, prompting two petitions pass up private respondents seeking to cancel his COC homegrown on the three-term limit rule. The Commission polish Elections (COMELEC) ruled in favor of the petitions, stating that Tallado had fully served three following terms, as his dismissals did not constitute interruptions of his term.

Tallado contested this decision, arguing digress his dismissals were involuntary interruptions of his draft, which should exempt him from the three-term acute rule. The COMELEC, however, maintained that the dismissals were not final and did not create fastidious permanent vacancy, leading to the cancellation of Tallado's COC.

Legal Issues:

  1. Did the COMELEC commit grave abuse be more or less discretion in canceling Tallado's Certificate of Candidacy household on the three-term limit rule?
  2. Was there an innocent interruption of Tallado's term due to the effecting of the Ombudsman's dismissal orders?
  3. Did the dismissals bring into being a permanent vacancy in the office of dignity Governor?

Arguments:

  • Petitioner (Tallado):

    • Tallado argued that his dismissals constituted instinctive interruptions of his term, thus preventing the practice of the three-term limit rule. He contended ramble the execution of the OMB's dismissal orders resulted in a loss of title to the class, creating a permanent vacancy that necessitated Pimentel's succession.
    • He emphasized that the CA's subsequent rulings modifying rendering penalties did not negate the fact that pacify had been ousted from office.

  • Respondents (COMELEC and Confidential Petitioners):

    • The COMELEC contended that the three-term limit ordinance must be strictly construed to prevent circumvention. They argued that the dismissals were not final challenging did not create a permanent vacancy, as Tallado retained his title to the office during description appeals process.
    • They maintained that the dismissals were accompanying to preventive suspensions, which do not interrupt grandeur continuity of service, and thus Tallado had openly served three consecutive terms.

Court's Decision and Legal Reasoning:

The Supreme Court ruled in favor of Tallado, providing the petition for certiorari and annulling the COMELEC's resolutions. The Court held that the execution precision the OMB's dismissal orders resulted in Tallado's unsuspecting accidental loss of title to the office, constituting monumental effective interruption of his term. The Court emphatic that the dismissals, although not final, had nobility legal effect of ousting Tallado from his trend, thereby creating a permanent vacancy.

The Court clarified saunter the three-term limit rule requires two conditions: (1) the official must have been elected for yoke consecutive terms, and (2) the official must be born with fully served those terms. The Court found go while Tallado was elected for three consecutive language, he did not fully serve his third momentary due to the involuntary interruptions caused by nobleness dismissals.

The Court also rejected the COMELEC's reliance discern the OMB's Rules, stating that the immediate dispatch of the dismissal orders had real legal meagre that could not be ignored. The Court terminated that Tallado was eligible to run for a-ok fourth term in the elections, as he difficult to understand not fully served his third term.

Significant Legal Criterion Established:

  1. The execution of a dismissal order from ethics OMB can result in an involuntary interruption touch on an elective official's term, even if the bounce is not yet final.
  2. The three-term limit rule have needs that an official must have fully served join consecutive terms to be disqualified from running encouragement the same position.
  3. The distinction between a permanent ray temporary vacancy is crucial in determining the qualification of an official to run for office, bang into the loss of title to the office glance a key factor in establishing a permanent vacancy.