## 404 Labao v. COMELEC AUTHOR: AUTHOR: Janet G.R. No. 212615 Notes: TOPIC: TOPIC: Decide election contest and cases PONENTE: PONENTE: LEONARDO-DE CASTRO CASE LAW/ DOCTRINE: DOCTRINE : Sec. 243. Issues that may be raised in pre-proclamation controversy. -The following shall be proper issues that may be raised in a prepro!lamation !ontro"ersy: o Ie!a co"o$%&%o' o( (ocee)%'! of the board of !an"assers# b. The ca'va$$e) eec&%o' (e&*('$ a(e %'co"e&e+ co'&a%' "a&e(%a )e,ec&$+ aea( &o be &a"e(e) %& o( ,a$%,%e)+ o( co'&a%' )%$c(ea'c%e$ in the same returns or in other authenti! !opies thereof as mentioned in $e!tions 2%%& 2%'& 2%5 and 2%6 of this (ode# !. The eec&%o' (e&*('$ e(e (ea(e) *')e( )*(e$$+ &(ea&$+ coe(c%o'+ o( %'&%"%)a&%o'+ o( &e a(e obv%o*$ "a'*,ac&*(e) o( 'o& a*&e'&%c and d. We' $*b$&%&*&e o( ,(a*)*e'& (e&*('$ %' co'&(ove(&e) o%'! ace$ e(e ca'va$$e)+ &e (e$*&$ o, %c "a&e(%a a,,ec&e) &e $&a')%'! o, &e a!!(%eve) ca')%)a&e o( ca')%)a&e$.
The ()*+,+( an!hored its finding that ,abao& Jr. was a fugiti"e from -usti!e from the fa!t that he was missed at the hospital when the warrant for his arrest was being ser"ed. No other substantial e"iden!e was presented to pro"e that ,abao& Jr& tried to hide from the authorities or that he left *ambusao& (api to a"oid being arrested and prose!uted. )n the part of ,abao& Jr.& he was able to show his presen!e in *ambusao& and his desire to parti!ipate in the pro!eedings before the /)J and the R T(
E"e(!e'c Rec%&1 ,udo"i!o sought the dis0ualifi!ation of ,abao& Jr. as !andidate for *ayor on the ground that the latter was a fugiti"e from -usti!e. The ()*+,+( irst di"ision dis0ualified ,abao. The ()*+,+( en ban! affirmed. The $( ruled that the !ase filed against ,abao was not a prepro!lamation !ontro"ersy but was a dis0ualifi!ation !ase. *oreo"er& the $( ruled that ,abao was also not a fugiti"e from -usti!e ACTS1 ,udo"i!o ,. *artelino& Jr. ,udo"i!o3 sought the dis0ualifi!ation of ,abao& Jr. as !andidate % for *ayor of the *uni!ipality of *ambusao& (api in the *ay 1%& 241% ele!tions& on the ground that ,abao& Jr. was a fugiti"e from -usti!e. o ,udo"i!o essentially a"erred that there was an outstanding warrant for ,abao& Jr.s arrest in !onne!tion with the filing of an nformation for *urder against him and four other persons# and that he had eluded arrest& thus& was at large.
The nformation for murder stemmed from the assassination of 7i!e*ayor 8bel 9. *artine 7i!e *ayor *artine3 in front of his residen!e on *ay '& 2412. The assailants of 7i!e*ayor *artine were not immediately nown. o ;ut on /e!ember 24& 2412& one Roger /. ,oredo ,oredo3 e
that the latters ''flight from justice [was} apparent when he surreptitiously eluded arrest, that is, without proper discharge clearance from St. Paul's Hospital, at the time the PNP personnel tried
o
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to serve the warrant of arrest on him. that ,abao& Jr. 0ualified as a fugiti"e from -usti!e as he went into hiding after he was !harged in !ourt to a"oid !riminal prose!ution. t is for su!h reason that ,abao& Jr. is !onsidered a fugiti"e from -usti!e and& thus& dis0ualified from running as mayor pursuant to $e!tion '4 of the ,o!al Go"ernment (ode& "i.: Sec&%o' 40. /isualifications. The following persons are dis0ualified from running for any ele!ti"e lo!al position: << << e3 ugiti"es from -usti!e in !riminal or nonpoliti!al !ases here or abroad
,abao& Jr. denied the assertion that he was a fugiti"e from -usti!e. =e !ountered that there was no !harge against him when he filed his (ertifi!ate of (andida!y ()(3# and that he was only impli!ated in the !rime when ,oredo filed his e
()*+,+( irst /i"ision Ruling: dis0ualified ,abao
()*+,+( +n ;an! Ruling: affirmed the di"ision>s ruling
ISSUE5S6: !"# ?hether or not the petition filed against ,abao is a prepro!lamation !ontro"ersy or a dis0ualifi!ation !ase. !$# ?hether or not ,abao was a fugiti"e from -usti!e at the time that he was a candidate for %ayor of %amhusao, &api during the %ay "(, $)"( *lections.
RATIO: The petition against Labao, Jr. was for disqualification and not a pre- proclamation controversy.
The petition filed by ,udo"i!o against ,abao& Jr. before the ()*+,+(& do!eted as $9 8 (ase No. 1% 2@' /(3& is not a prepro!lamation !ontro"ersy. The )mnibus +le!tion (ode )+(3 !learly defines the term Aprepro!lamation !ontro"ersy . Sec. 243. Issues that may be raised in pre-proclamation controversy. -The following shall be proper issues that may be raised in a prepro!lamation !ontro"ersy: o Ie!a co"o$%&%o' o( (ocee)%'! of the board of !an"assers# b. The ca'va$$e) eec&%o' (e&*('$ a(e %'co"e&e+ co'&a%' "a&e(%a )e,ec&$+ aea( &o be &a"e(e) %& o( ,a$%,%e)+ o( co'&a%' )%$c(ea'c%e$ in the same returns or in other authenti! !opies thereof as mentioned in $e!tions 2%%& 2%'& 2%5 and 2%6 of this (ode# !. The eec&%o' (e&*('$ e(e (ea(e) *')e( )*(e$$+ &(ea&$+ coe(c%o'+ o( %'&%"%)a&%o'+ o( &e a(e obv%o*$ "a'*,ac&*(e) o( 'o& a*&e'&%c and d. We' $*b$&%&*&e o( ,(a*)*e'& (e&*('$ %' co'&(ove(&e) o%'! ace$ e(e ca'va$$e)+ &e (e$*&$ o, %c "a&e(%a a,,ec&e) &e $&a')%'! o, &e a!!(%eve) ca')%)a&e o( ca')%)a&e$. Thus# in this !ase& the petition filed against ,abao& Jr. does not !ome within the s!ope of a pre pro!lamation !ontro"ersy under the afore0uoted )+( pro"ision. The grounds to file a petition for dis0ualifi!ation are pro"ided for in $e!tion 12 or 6B of the )+(& or under $e!tion '4 of the ,o!al Go"ernment (ode. n the !ase at bar& the petition for dis0ualifi!ation against ,abao& Jr. was based on $e!tion '4e3 of the ,o!al Go"ernment (ode& 0uoted abo"e& dis0ualifying AC fDugiti"es from -usti!e in !riminal or nonpoliti!al !ases here or abroadA from running for
any ele!ti"e lo!al position. Labao, Jr. was not a fugitive from justice at the time that he was a candidate for ayor of amhusao, !api" during the ay #$, %&#$ 'lections.
;ased on settled -urispruden!e& the term E> fugitive from justice+ in!ludes not only those who flee after !on"i!tion to a"oid punishment but liewise those who& after being !harged + ,ee &o avo%) (o$ec*&%o'.A%2 n odrigue v. &ommission on *lections, %% this (ourt held that: The definition thus indi!ates that the intent to evade is the !ompelling fa!tor that animates ones flight from a parti!ular -urisdi!tion. 8nd ob"iously& &e(e ca' o' be a' %'&e'& &o eva)e (o$ec*&%o' o( *'%$"e'& e' &e(e %$ 7'oe)!e b &e ,ee%'! $*b8ec& o, a' a(ea) %'$&%&*&e) %')%c&"e'&+ o( o, a (o"*!a&e) 8*)!"e'& o, co'v%c&%o'
$u!h intent in these !ases has not been established by the e"iden!e on re!ord.
The ()*+,+( an!hored its finding that ,abao& Jr. was a fugiti"e from -usti!e from the fa!t that he was missed at the hospital when the warrant for his arrest was being ser"ed. No other substantial e"iden!e was presented to pro"e that ,abao& Jr& tried to hide from the authorities or that he left *ambusao& (api to a"oid being arrested and prose!uted. )n the part of ,abao& Jr.& he was able to show his presen!e in *ambusao& and his desire to parti!ipate in the pro!eedings before the /)J and the R T(
DISSENTIN9/CONCURRIN9 OPINION5S6:
