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Tallado vs. COMELEC

Tallado served three terms as Governor from 2010 to 2016. He was suspended by the OMB in 2015 and dismissed in 2016 and 2018, though he appealed both dismissals. The COMELEC ruled the dismissals created a temporary vacancy, but the Supreme Court disagreed, finding that dismissals result in a permanent vacancy under the Local Government Code, even if appeals are pending, because unlike suspensions or leaves of absence, dismissals deny the official the expectancy to resume their term.

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Abigail Tolabing
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594 views

Tallado vs. COMELEC

Tallado served three terms as Governor from 2010 to 2016. He was suspended by the OMB in 2015 and dismissed in 2016 and 2018, though he appealed both dismissals. The COMELEC ruled the dismissals created a temporary vacancy, but the Supreme Court disagreed, finding that dismissals result in a permanent vacancy under the Local Government Code, even if appeals are pending, because unlike suspensions or leaves of absence, dismissals deny the official the expectancy to resume their term.

Uploaded by

Abigail Tolabing
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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TALLADO vs.

COMELEC
GR No. 24669 | September 10, 2019 DMA Tubat
FACTS: Tallado was the Governor for 3 terms (2010, 2013, and 2016). On 10/2/2015, the
OMB suspended him so Tallado made a timely appeal to the CA, which reduced his
suspension. On 9/13/2016, the OMB ordered his dismissal and Tallado appealed to the CA yet
again. Then on 1/11/2018, the OMB once again ordered his dismissal from service and Tallado
appealed to the CA. The COMELEC ruled that petitioner’s removal from office was only a
temporary vacancy.

ISSUE: For purposes of succession, did the twin-dismissal order of the Ombudsman create a
temporary vacancy in the Office of the Governor considering that timely appeals were made?

RULE: NO. Tallado’s dismissals resulted in permanent vacancy. Section 46 of the LGC
enumerates as resulting in a temporary vacancy in the office of the local chief executive leave
of absence, travel abroad, and suspension from office. Although Section 46 of the LGC
specifically states that the causes of a temporary vacancy are not limited to such
circumstances, what is evident is that the enumeration therein share something in common,
which is that there is a definite term to be re-assumed. However, the petitioner's dismissals,
even if still not final, were not akin to the instances enumerated in Section 46 of the LGC
because the loss of his title to the office denied to him the expectancy to re-assume his term.

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