MANILA, Philippines - A three-term mayor in Bulacan province has been allowed to campaign for the same post in the May 10 polls since the Commission on Elections' (Comelec) ruling disqualifying him from the race is still not yet final.

Bustos town Mayor Carlito "Toti" Reyes is already on his 3rd and last term. He is seeking a "4th term" on the basis of a Comelec legal division's opinion that he can still run because his 3 terms were interrupted by several suspension orders.

"On the ground na four times akong nasuspinde, ang 4 times na pagkakaroon ng interruption sa aking panunungkulan bilang punong bayan," Reyes told ABS-CBN News in an interview, quoting the Comelec legal division's opinion.

Reyes's case was brought to ABS-CBN's attention by a Boto Patroller in Bustos town.

The Boto Patroller said the local Comelec office should not have allowed Reyes to file his certificate for candidacy in the first place.

The Comelec legal division's opinion, however, was reversed by a resolution issued last January 26 by the Comelec 2nd Division headed by Commissioner Nicodemo Ferrer.

The resolution disqualified Reyes from the mayoralty race in Bustos town.

Ferrer said that Reyes cannot run for a 4th term because local chief executives are allowed only to serve for 3 consecutive terms. He added that the suspension orders cannot be used as reasons to justify Reyes's latest mayoralty bid.

The Comelec official, however, said Reyes can still campaign for the May 10 elections because the 2nd Division's resolution was still not final.

Reyes, whose name has been included in official ballots for the May 10 automated elections, said that he is planning to eventually appeal the 2nd Division's resolution before the Supreme Court.

"Assuming that he is finally disqualified. Any votes cast in his name will be considered stray votes," Ferrer said. With a report from Atom Araullo, ABS-CBN News