MANILA -- An election lawyer said there is no legal impediment in case Senator Aquilino “Koko” Pimentel III decides to run in the 2019 midterm polls.
According to Atty. Romulo Macalintal, Pimentel will not violate the law once he pursues his candidacy in the next national polls since he did not serve two consecutive six-year terms which is prohibited by the Constitution.
“The legal issue now is whether or not Pimentel is covered by the two-term limit rule if he runs again in the 2019 senatorial election since he had already served his first term when he served the said remaining portion of Zubiri’s term and his second term when he was elected in 2013 to serve a full term of six years from 2013 to 2019,” he said in a statement.
Article VI, Section 4 of the Constitution provides that “the term of office of the Senators shall be six years (and) no senator shall serve for more than two consecutive terms.”
The election lawyer cited several cases involving the three-term limit rule of local elective officials, the Supreme Court held that there is no violation of this rule if these two conditions are met, that the concerned official: “(a) has been elected for three consecutive terms in the same position; and (b) he has fully served three consecutive terms in the same position.” It was also held that “only consecutive terms count in determining the three-term limit rule."
“Applying the said rulings in Pimentel’s case, it is clear that he has not “fully served” two (2) consecutive terms as Senator since he did not serve a full term of six (6) years in his “first term” but only for only two (2) years which was the remaining portion of the said term vacated by Zubiri,” he explained.
Macalintal added, “Pimentel’s “first term” cannot be considered as one term because he did not serve for a full term of six years. The period served by Zubiri was clearly an interruption in the continuity of Pimentel’s service, not because of Pimentel’s voluntary renunciation, but because he had to wait for the resolution of his said election protest against Zubiri.”
He noted the senator’s “first term” cannot be considered as one term because he has not fully served for six years but only a portion thereof, then his election in 2013 should be the one to be treated as his first term which still qualifies him to run in 2019 for his second term as Senator.
Pimentel lost in the 2007 election where the term of office of the 12 winning senators was from 2007 to 2013.
However, he filed an election protest against the twelfth winning candidate, Senator Juan Miguel Zubiri before the Senate Electoral Tribunal (SET).
In 2011, Pimentel was declared the winner and served the remaining portion of Zubiri’s term for two years or from 2011 to 2013.
In 2013, he was reelected for another term, this time for six years from 2013 until 2019.
Last week, Pimentel revealed he is one of the first six senatorial candidates for the 2019 polls under PDP-Laban.
The other candidates will include Negros Occidental 3rd District Representative Albee Benitez, Bataan 1st District Representative Geraldine Roman, Davao City 1st District Representative Karlo Nograles, former Metropolitan Manila Development Authority chairman Francis Tolentino, and House Majority Leader Rodolfo Fariñas. (PNA)
