Disqualification case filed vs city councilor

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CEBU CITY — A disqualification case has been filed before the Commission on Elections (Comelec) against a city councilor seeking reelection, with the petitioner claiming the official is running for a fourth consecutive term in violation of the 1987 Constitution.

The complaint, filed on April 1, 2025, at the Comelec Cebu City office, targets Councilor Joel Garganera.

Barangay Talamban resident Casimero Mahilum, the petitioner, argued that Garganera breached the constitutional three-term limit when he filed his certificate of candidacy under Partido Kusug on Oct. 8, 2024.

Kusug is the local political party led by City Mayor Raymond Alvin Garcia.

Mahilum said in the petition that Garganera had already served three consecutive terms as councilor.

He warned that allowing him to run again in the May 12 elections would circumvent the law meant to prevent the excessive accumulation of political power.

He wrote in the petition that the councilor is now seeking a fourth consecutive term, which is prohibited under the Constitution and existing laws. He claimed that such action, if allowed, would effectively bypass constitutional safeguards.

Garganera said he and his legal team would review the petition upon receipt. He expressed confidence in his eligibility and assured that there was nothing to worry about.

Before entering city politics, Garganera served as barangay captain of Barangay Tinago. He secured a seat in the Cebu City Council in 2016 under the United Nationalist Alliance, placing eighth in the first district.

In 2019, he ran under PDP-Laban and placed 10th. The disqualification of councilors Sisinio Andales and Alvin Arcilla for violating the term limit rule enabled Garganera to assume a council seat. He officially began his term on July 17, 2019, after his proclamation on July 16, 2019.

Comelec disqualified Andales and Arcilla despite their victories, ruling that their prior suspensions in 2016 did not break their consecutive terms since no vacancies or permanent replacements occurred.

Mahilum contested Garganera's claim that his assumption in July 2019 was an interruption of office. He argued that Andales' invalid candidacy rendered his supposed election void from the beginning and that Garganera's delayed oath-taking did not constitute an interrupted term.

The petition said that only removal from office or a loss of title after assuming the post could be considered an interruption. Mahilum asserted that Garganera completed a full term from 2019 to 2022.

Garganera ran again in 2022 and won a third consecutive term, placing third with 116,190 votes in the first district.

The case hinges on the interpretation of what constitutes a full term. Garganera maintained that his 2019 term was incomplete due to his late proclamation, which he considered an interruption.

Mahilum disagreed, arguing that a delay in assuming office does not break the continuity of service. He insisted that Garganera has served three full consecutive terms and is therefore ineligible to run in 2025.

Mahilum requested not only Garganera's disqualification from the upcoming race but also the nullification of his election if he wins. The petition concluded that the three-term limit rule clearly applies to the councilor's case.

The Comelec has yet to release a decision on the matter.