Case Digest: BENJAMIN U. BORJA, JR. vs. COMMISSION ON ELECTIONS and JOSE T. CAPCO, JR.

BENJAMIN U. BORJA, JR. vs. COMMISSION ON ELECTIONS and JOSE T. CAPCO, JR.

G.R. No. 133495                03 September 1998

Doctrine:  It is not enough that an individual has served three consecutive terms in an elective local office – he must have also been elected to the same position for the same number of times before the disqualification to apply.

FACTS:

Jose T. Capco, Jr. was elected vice-mayor of Pateros on January 1988 for a term ending on June 1992. On September 1989, he became mayor by operation of law, upon the death of the incumbent. Cesar Borja.  On May 1992, he ran and was elected mayor for a term of three years which ended on June 1995.  On May 1995, he was reelected mayor for another term of three years.  On March 1998, he filed a certificate of candidacy for mayor of Pateros relative to the May 1998 elections.  However, Benjamin U. Borja, Jr., also a candidate for mayor, sought Capco’s disqualification on the theory that the latter would have already served as mayor for three consecutive terms.

ISSUE:  Whether a vice-mayor who succeeds to the office of the mayor by operation of a law and serves the remainder of the term is considered to have served a term in that office for the purpose of the three-term limit.

HELD:

No. According to the deliberations of the Constitutional Commission, the limitation provided for under Article X, Section 8 of the Constitution and Section 43(b) of the Local Government Code only refer to such officials running for the same position in the succeeding election following the expiration of the third consecutive term.  The purposes of said limitation are to prevent the establishment of political dynasties and that of enhancing the freedom of the choice of people.  Indeed, a fundamental tenet of representative democracy is that the people would be allowed to choose those whom they please to govern them.  To bar the election of a local official because he has already served three terms, although the first as a result of succession by operation of law rather than election, would therefore be to violate this principle.

Case Digest: ORTIGAS & CO. vs. FEATI BANK

ORTIGAS & CO. LIMITED PARTNERSHIP vs. FEATI BANK AND TRUST CO.

G.R. No. L-24670               14 December 1979

Santos, J.

FACTS:

Ortigas and Co. is engaged in real estate business developing and selling lots to the public.  It sold to Augusto Padilla and Natividad Angeles Lots Nos. 5 and 6, Block 31 of the Highway Hills Subdivision, Mandaluyong by sale on instalments.  The vendees then transferred their rights and interests over the aforesaid lots in favour of one Emma Chavez.  The agreements of sale on instalment and the deeds of sale contained the restriction that “The parcel of land subject of this deed of sale shall be used by the Buyer exclusively for residential purposes, and she shall not be entitled to take or remove soil, stones or gravel from it or any other lots belonging to the Seller.” 

Feati Bank and Trust Co. later bought said lots from Emma Chavez in the name of Republic Flour Mills.  Ortigas and Co. claims that the restrictions were imposed as part of its general building scheme designed for the beautification and development of the Highway Hills Subdivision which forms part of its big landed estate.  Feati Bank, on the other hand, maintains that the area along the western part of EDSA from Shaw Boulevard to Pasig River has been declared a commercial and industrial zone, per Resolution No. 27 s-1960 of the Municipal Council of Mandaluyong, Rizal.  Later on, Feati Bank commenced construction on the said lots for a building devoted to banking purposes.  It refused to comply with the demands of Ortigas & Co. to stop the said construction.

ISSUE:

Whether or not Resolution No. 27 s-1960 can nullify or supersede the contractual obligations assumed by the defendant.

HELD:

Yes.  While non-impairment of contracts is constitutionally guaranteed, the rule is not absolute, since it has to be reconciled with the legitimate exercise of police power, i.e. “ the power to prescribe regulations to promote the health, morals, peace, education, good order or safety of the general welfare of the people.”  This general welfare clause shall be liberally interpreted in case of doubt, so as to give more power to local governments in promoting the economic conditions, social welfare and material progress of the people in the community.  The only exceptions under Section 12 of the Local Autonomy Act (R.A. 2264) are existing vested rights arising out of a contract between a province, city or municipality on one hand and a third party on the other hand.  Said case is not present in this petition. 

Resolution No. 27 s-1960 declaring the western part of EDSA as an industrial and commercial zone was passed in the exercise of police power to safeguard or promote the health, safety, peace, good order and general welfare of the people in the locality. 

Case Digest: SURIGAO ELECTRIC CO., INC. vs. MUNICIPALITY OF SURIGAO

SURIGAO ELECTRIC CO., INC. and ARTURO LUMANLAN, SR. vs. MUNICIPALITY OF SURIGAO and PUBLIC SERVICE COMMISSION

No. L-22766        30 August 1968

Fernando, J.

FACTS:

On June 1960, Congress amended the Public Service Act, one of the changes introduced doing away with the requirement of a certificate of public convenience and necessity from the Public Service Commission for public services owned and operated by government entities or government-owned or controlled corporations, but at the same time affirming its power of regulation for the fixing of rates.  The petitioners challenged the validity of the said order.

ISSUE:

Whether or not a municipal government can directly maintain and operate an electric plant without obtaining a specific franchise for the purpose and without a certificate of public convenience and necessity duly issued by the Public Service Commission.

HELD:

No.

The Supreme Court held in a previous case that governmental affairs do not lose their government character by being delegated to the municipal governments.  Whatever privilege may be claimed by the petitioners cannot override the specific constitutional restriction that no franchise or right shall be granted to any individual or corporation except under a condition that it shall be subject to amendment, alteration or repeal of the Congress.

A Tribute to An Inspiration

A good name is more desirable than great wealth. Respect is better than silver or gold. -Proverbs 22:1

When a whole nation mourns for the death of one man, you know that it is a great and unparalleled loss.  Such is the loss of Secretary Jesse Robredo.

I must admit that I did not know much about the esteemed Secretary until word of the plane crash stormed the news on Sunday evening.  I was never a fan of government officials after all.  In this politically-troublesome country, it is very difficult to be one.   However, his disappearance, the recent confirmation of his death and the crushing realization that this country has lost one of the few decent public servants changed this weary and cynical mind.  

For two days, I even found myself praying that he, along with the pilots of the plane, was still alive, probably just laying unconscious on an unexplored part of the shore.  Yet, the inevitable came.  

We are faced with the reality that even heroes fall down.

One may often fathom why fate will allow such a good man to die when the his family and the country still needs him.  One may even say that it is unfair or it is not time yet.  We hold on to the thought that everything happens for a reason, yet it is so hard to find any logic in the circumstances of losing someone who could offer so much more.

Just like many dreamers, I entered law school with the thought to become one day a servant of the law.  Being in the hustle and bustle of the city and the stress of surviving through the course, we, students, who enter institutions in order to become like him tend to forget the virtues that public servants must uphold.  We become exhausted, frustrated and unhinged from the ideals that we used to and wanted to preserve.  

For me, the man changed all that.  Secretary Jesse, with his humility and unconditional service, was the perfect reminder of what kind of person I, if not most law students, swore to be -- true, just and respectable.  He is an inspiration and a wake-up call for people like me who were in a trance and wanted to play safe by standing on the sidelines instead of being on the battlefield.

And for all these and more, I thank you, good Sir.  You are and forever will be a legend.

Reviewer: Obligations and Contracts - Natural Obligations to Estoppel

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