Justice Brion agreed that the Aldovino ruling relied upon by COMELEC “cannot be used as a basis for the conclusion that there had been no interruption in the case of Abundo - the eventual winner who is so recognized only after winning his protest case. Notably in Aldovino, while preventive suspension is an involuntary imposition, what it affects is merely the authority to discharge the functions of an office that the suspended local official continues to hold… the local elective official continues to possess title to his office while under preventive suspension, so that no interruption of his term ensues.”
Justice Brion agreed that theAldovinoruling relied upon by
COMELEC cannot be used as a basis for the conclusion that there had
been no interruption in the case of Abundo - the eventual winner
who is so recognized only after winning his protest case. Notably
inAldovino,while preventive suspension is an involuntary
imposition, what it affects is merely the authority to discharge
the functions of an office that the suspended local official
continues to hold the local elective official continues to possess
title to his office while under preventive suspension, so that no
interruption of his term ensues.
