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Comelec Dismisses Petition Against Cebu Councilor Garganera, Sparking Debate on 'Continuous Service'

Comelec's ruling allows Garganera to run again, but the definition of 'continuous service' remains unclear. The decision raises questions about the future of the three-term limit in local politics.

This picture shows a woman standing and speaking with the help of a microphone and we see two Flags...
This picture shows a woman standing and speaking with the help of a microphone and we see two Flags on the podium.

Comelec Dismisses Petition Against Cebu Councilor Garganera, Sparking Debate on 'Continuous Service'

Cebu City Councilor Joel Garganera has faced a petition seeking to disqualify him from running in the 2025 elections due to alleged violation of the three-term limit. However, the Commission on Elections (Comelec) has dismissed the petition, raising questions about the definition of 'continuous service' in local politics.

The petition argued that Garganera's 2019-2022 term should count towards his three-term limit, despite a delay in his assumption of office caused by the disqualification of two winning candidates. This 'interruption' in service, though involuntary, was seen as a loophole allowing Garganera to run again despite having served two full terms previously.

German constitutional law provides no clear definition for how long an 'interrupted term of office' must last to avoid violating the three-year restriction. The decisive factor is usually the continuity of activity in office, not the mere interruption. The Supreme Court, however, has previously ruled that any 'involuntary interruption', no matter how short, breaks the continuity of service and does not count towards the limit.

The Comelec dismissed the petition against Garganera on two grounds: it was filed out of time and lacked merit. This ruling highlights the fine legal line between continuous service and an 'involuntary interruption', which can significantly impact a politician's career trajectory. As the debate on the three-term limit continues, the definition of 'continuous service' remains a contentious issue in local politics.

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