PLAI

← 2026 · Political & Public International Law

Mayor Laureta was the mayor of the City of Manila for two consecutive terms but lost her bid for a third term to Mayor Hermosura. However, Mayor…

2026 Bar Exam · Political & Public International Law · Question 11 · Essay

The question

Mayor Laureta was the mayor of the City of Manila for two consecutive terms but lost her bid for a third term to Mayor Hermosura. However, Mayor Hermosura was recalled and Mayor Laureta won the recall election and served her third term of office. Mayor Laureta wishes to continue as mayor for her fourth term. On the other hand, Mayor Ruiz was the mayor of the Municipality of Santa Adelwiza for three consecutive terms. During her third term, the municipality was converted into a city. The city acquired a new corporate existence separate and distinct from that of the municipality. Mayor Ruiz wants to run as the first mayor of the City of Santa Adelwiza. Rule on the eligibility of Mayor Laureta and Mayor Ruiz to run again for office.

Parts of this answer could not be checked against its sources. Read the law and the decisions in their tabs before relying on it.

Held

No, Mayor Laureta cannot run for a fourth consecutive term as mayor, and Mayor Ruiz is also not eligible to run as the first mayor of the City of Santa Adelwiza, under Article X, Section 8 of the 1987 Constitution and the rulings in Adormeo v. Commission On Elections and Latasa v. Commission On Elections.

Explanation

The 1987 Constitution limits elective local officials to serving no more than three consecutive terms in the same office, with each term lasting three years. This limit applies to both the right to be elected and the right to serve. Voluntary renunciation of office does not interrupt the continuity of service for the term for which the official was elected, meaning that stepping down voluntarily does not reset the term count. However, involuntary interruptions, such as losing an election or being removed from office, do break the continuity of service.

In the case of a recall election, winning it and serving the term is not considered voluntary renunciation. Therefore, if an official has already served three consecutive terms, including a term won through a recall election without interruption, they are barred from running for a fourth consecutive term.

Regarding the conversion of a municipality into a city, the Supreme Court has ruled that the office of municipal mayor and city mayor over the same territorial jurisdiction are considered the same office for the purpose of term limits. The inhabitants and territorial jurisdiction remain the same, so serving three consecutive terms as municipal mayor counts towards the term limit for city mayor. The purpose is to prevent a person from holding the chief executive position over the same area for an excessively long period.

Application to the facts

Mayor Laureta served two consecutive terms as mayor of Manila, lost her bid for a third term, and then won a recall election and served again. However, under Adormeo v. Commission On Elections, defeat in a regular election constitutes an interruption in service. The Supreme Court stated that "the continuity of his mayorship was disrupted by his defeat in the 1998 elections." Therefore, Laureta's service is not considered three consecutive terms for purposes of the constitutional term limit, and she is not barred from running again as mayor.

Mayor Ruiz served three consecutive terms as mayor of the Municipality of Santa Adelwiza. During her third term, the municipality was converted into a city, which has a new corporate existence but covers the same territorial jurisdiction and inhabitants. According to the Supreme Court ruling in Latasa, the office of municipal mayor and city mayor over the same territory is considered the same office for term limit purposes. Since Mayor Ruiz has already served three consecutive terms as municipal mayor, she is barred from running as the first mayor of the newly created City of Santa Adelwiza.

  • a constitutional provision is among the sources and controls over any conflicting statute
  • unverified (quotation): This quotation does not occur in the supplied source text or question.
  • unverified (contradiction): The lead categorically states that Mayor Laureta cannot run for a fourth consecutive term, but the application and conclusion sections later state that Laureta is not barred from running again due to an interruption in service.
This is general legal information, not legal advice.