Disqualification case vs Cebu councilor junked

CEBU CITY — The clock that once seemed to run against Cebu City Councilor Joel Garganera has instead turned in his favor after the Commission on Elections (Comelec) First Division dismissed the disqualification case filed against him for allegedly being both late and legally defective.

In its resolution released last week, the Comelec ruled that the petition filed by Barangay Talamban resident Casmero Mahilum was not the proper legal remedy and had been submitted well past the filing deadline.

Mahilum accused Garganera of violating the constitutional three-term limit for local legislators when he filed his certificate of candidacy (COC) ahead of the 2025 polls.

Records showed that Garganera filed his COC on Oct. 8, 2024.

Under Section 78 of the Omnibus Election Code, any petition to deny due course or cancel a COC must be filed within 25 days, or by Nov. 4, 2024.

Mahilum, however, lodged his complaint only on April 3, 2025, or five months beyond the allowed period.

The Comelec said the case was dismissed for being both an improper remedy and filed out of time.

Despite the procedural lapse, the First Division reviewed the petition “to fully resolve the controversy.”

Upon review, the Comelec found that Garganera’s 2019–2022 term as councilor was legally interrupted because his proclamation and oath-taking took place only on July 16 and 17, 2019, following the disqualification of two other winning candidates, Sisinio Andales and Alvin Arcilla, for exceeding the term limit.

Citing the Supreme Court’s Lonzanida vs Comelec ruling, the commission explained that even a brief but involuntary interruption is enough to break the continuity of consecutive terms.

It said the delay in Garganera’s assumption was beyond his control and therefore constituted a valid interruption.

The Comelec ruled that Garganera did not complete three consecutive full terms, making him qualified to have run and served again after the 2025 elections.

“Having failed to complete three consecutive full terms, respondent cannot be deemed ineligible for reelection in the 2025 national and local elections,” the decision said.

After the ruling, Garganera expressed his gratitude to his daughter, lawyer Aliko Jasmine Garganera, who represented him in the case before the poll body.

In a social media post, Aliko shared that they had to prepare their verified answer for the disqualification case filed against her father at the height of the 2025 local elections.

With the Comelec ruling, Garganera remains qualified to continue serving as Cebu City councilor following his victory in the 2025 polls.