SC: term limits, equal access to public service vs ‘overstaying’ politicians

Camarines Sur Third District Board Member Angel Naval. CONTRIBUTED PHOTO www.spcamsur.com

MANILA, Philippines—Term limits and a guarantee of every citizen’s equal access to public service constitute the response of the drafters of the Constitution to public officer’s propensity to perpetuate themselves in power, the Supreme Court said in a 25-page decision released to public Friday.

The decision, penned by Associate Justice Bienvenido Reyes dismissed the petition of Camarines Sur Third District Board Member Angel Naval to nullify the Commission on Election’s ruling canceling his certificate of candidacy for exceeding the three-term limit.

The high court cited the standing Constitutional provisions and laws that set a cap on consecutive terms and the “possible attendant evils” in allowing the unlimited re-election of officials.

“The drafters of the Constitution recognized the propensity of public officers to perpetuate themselves in power, hence, the adoption of term limits and a guarantee of every citizen’s equal access to public service. These are the restrictions statesmen should observe for they are intended to help ensure the continued vitality of our republican institutions,” the decision stated.

“The rule answers the need to prevent the consolidation of political power in the hands of the few, while at the same time giving to the people the freedom to call back to public service those who are worthy to be called statesmen,” read the 25-page ruling.

The high court released the decision amid talks of possible term extension for President Benigno Aquino III.

Records showed that Naval was re-elected for his fourth consecutive term as provincial board member in 2013, a victory that his political opponent Nelson Julia had protested for violating the three-term limit.

Naval was first elected as board member for the province’s 2nd district in 2004 and again in 2007. Just before his second term ended, Malacañang reapportioned legislative districts in Camarines Sur, creating a fifth district from the original four.

Consequently, eight of 10 towns from Naval’s old district were moved to the third district. He ran for this new 3rd district in 2010, serving his third term. He was again re-elected last year, despite a petition filed by Julia, also a candidate for board member, for the cancelation of Naval’s COC as early as Oct. 29, 2012.

Comelec ruled in Julia’s favor and canceled Naval’s COC through a decision of its Second Division on March 5, 2013.

The Supreme Court said Naval cannot argue that he is representing a new entity because the reapportioning of Camarines Sur’s districts merely “renamed” the 2nd district—his old constituency—as the new 3rd district.

“While it is settled that in elections, the first consideration of every democratic polity is to give effect to the expressed will of the majority, there are limitations to being elected to a public office. Our Constitution and statutes are explicit anent the existence of term limits, the nature of public office, and the guarantee from the State that citizens shall have equal access to public service,” high court said.

“Certainly, the Court accords primacy to upholding the will of the voting public, the real sovereign, so to speak. However, let all the candidates for public office be reminded that as citizens, we have a commitment to be bound by our Constitution and laws. Side by side our privileges as citizens are restrictions too,” the ruling stated.

However, there is no explicit order from the high court for Naval to vacate his post.

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