Comelec junks DQ case vs Joel Garganera

CEBU, Philippines —  Cebu City Councilor Joel Garganera will continue to serve in the City Council after the Commission on Elections (Comelec) First Division dismissed the disqualification case filed against him.

This ruling affirmed his eligibility and upheld his mandate from the 2025 mid-term elections.

In a resolution promulgated on Thursday (October 16), the Comelec ruled that Garganera’s 2019–2022 term was interrupted due to circumstances beyond his control, and therefore does not count as a full term under the constitutional three-term limit rule.

The petition, filed by a certain Casmero A. Mahilum, alleged that Garganera had already served three consecutive terms as councilor for Cebu City’s First District—from 2016 to 2025—and was thus barred from seeking re-election.

Mahilum argued that Garganera’s assumption of office in 2019, following the disqualification of two supposed winning candidates, did not constitute a break in service. Interestingly, both Councilors Sisinio Andales and Alvin Arcilla were disqualified that year also for violation of the three-term limit rule, thus paving the way for Garganera to the Council.

However, the Commission found that Garganera’s proclamation and oath-taking in 2019 occurred only on July 16 and he assumed office on July 17—over two weeks after the official start of the term. During that period, disqualified candidate Andales already assumed office and participated in Council sessions.

The interruption, though brief, was involuntary, the resolution stated, citing jurisprudence from Lonzanida v. COMELEC and Abundo Sr. v. COMELEC.

The Constitution does not require the interruption to span an entire term. What matters is the involuntary nature of the severance accordingly.

The Commission emphasized that Garganera’s delayed assumption was not of his own doing, and that another candidate had exercised the functions of the office during the gap. This, the ruling said, constituted a valid interruption in service.

Procedurally, the Commission also noted that the petition was filed beyond the 25-day window prescribed under Section 78 of the Omnibus Election Code.

Garganera filed his Certificate of Candidacy (COC) on 8 October 2024, while the petition was lodged only on 3 April 2025—well past the 2 November 2024 deadline.

While his 2019 proclamation was delayed due to the disqualification of other candidates, no prior disqualification case had been filed against him.

Following the dismissal, Councilor Garganera expressed deep gratitude and pride in his daughter, Atty. Aliko Jasmine Garganera, who served as his legal counsel in the case. “God is good, all the time,” the councilor wrote.

“From Day One, you’ve assured me that you have my back, and that’s the most wonderful feeling a father could ever experience. I used to carry and put you to sleep when you were still a baby—how time flies, and it’s now your turn defending me in my moments of trials,” part of Garganera’s message to his daughter following the COMELEC’s decision.

More than the legal triumph though, the councilor stressed how proud he is of lawyer Aliko and what he has become, being the latter’s father.

Lawyer Aliko also shared her reflections on the case, writing: “Papa’s disqualification case dismissed by COMELEC First Division—Salamat sa Ginoo sa Iyang pagkamaayo sa amoa sukad-sukad.”

She added that they had to prepare their response to the disqualification case filed at the height of the 2025 Local Elections, which makes it more challenging.

“But I thank the Lord for granting us the wisdom and strength to endure and overcome. Salamat pud sa pagsalig sa ako’ng parents sa ako-a, di’ pud na lalim. All glory to God!  ‘Not to us, Lord, not to us but to your name be the glory, because of your love and faithfulness,” she added. (CEBU NEWS)