MANILA — A petition was filed before the Commission on Elections (Comelec) to cancel the certificate of candidacy (COC) of incumbent Negros Oriental governor Roel Degamo, who is seeking reelection despite having already served 3 terms since 2013.

SEEKING FOURTH TERM?

A petition was filed before Comelec to cancel COC of incumbent Negros Oriental gov Roel Degamo, who's seeking reelection despite having already served 3 terms since 2013.

Degamo argues his terms were interrupted by dismissal/suspension over corruption raps. pic.twitter.com/pKrYpUps3N

— J.E. Villaruel (@jauhnetienne) November 3, 2021

ABS-CBN News obtained a copy of the petition, which Comelec received last Oct. 29.

In a petition to deny due course filed by a certain Ging Dayupay, Degamo was accused of "deliberate and material misrepresentation" in his COC when he declared he is eligible to run for governor.

Dayupay argued Degamo had already exhausted the 3-term limit for local officials as mandated under the law.

"The respondent, having served 3 consecutive terms as governer after having been elected in the 2013, 2016, and 2019 elections, rendered him ineligible to run for his fourth term in the same position," the petitioner said.

Degamo's 3 terms as governor were marred by suspensions and dismissals over corruption allegations. The Office of the Ombudsman dismissed him twice.

• DILG serves dismissal order vs Negros Oriental gov
• Negros Oriental gov returns to work after suspension, dodges dismissal

In a Politiko Visayas article, Degamo told local reporters he was supposed to run for Congress in 2022 but changed plans after the Supreme Court came out with a ruling that would serve as legal basis for his 4th term.

Degamo was referring to the case of Camarines Norte governor Edgar Tallado, in which the SC ruled that the Ombudsman's penalties of suspensions and dismissals were considered "involuntary interruption" in his terms.

The SC allowed Tallado to seek his 4th term for governor.

"There is no difference at all with that case and mine," Degamo was quoted as saying in the Politiko Visayas article.

But for Dayupay, Degamo's terms were uninterrupted.

"That by actively seeking status quo ante orders to undo the effects of his dismissals and embracing its effects when they were granted, respondent is now barred to claim interruption from his thwarted dismissals," the petition read.

ABS-CBN News has been reaching out to Degamo and his office since Wednesday but they have yet to respond.

Degamo is running under the Nacionalista party. One of his formidable opponents is former lawmaker Henry Teves.