Case Digest Labo v Comelec

CASE DIGEST Labo v Comelec

176 SCRA 1 – Law on Public Officers – Election Laws – Citizenship of a Public Officer – Dual Citizenship – Labo Doctrine

In 1988, Ramon Labo, Jr. was elected as mayor of Baguio City. His rial, Luis Lardi!abal filed a "etition for #uo warranto against Labo as Lardi!abal asserts t$at Labo is an %ustralian citi!en $ence dis#ualified& t$at $e was naturali!ed as an %ustralian %ustralian after $e married an %ustralian. %ustralian. Labo aers t$at $is marriage wit$ an %ustralian did not ma'e $im an %ustralian& t$at at best $e $as dual citi!ens$i", %ustralian and (ili"ino& t$at een if $e indeed became an %ustralian w$en $e married an %ustralian citi!en, suc$ citi!ens$i" was lost w$en $is marriage wit$ t$e  %ustralian was later declared oid for being bigamous. bigamous. Labo furt$er asserts t$at een if $e)s considered as an  %ustralian, $is lac' of citi!ens$i" is *ust a mere tec$nicality w$ic$ s$ould not frustrate t$e will of t$e electorate of  Baguio w$o oted for $im by a ast ma*ority. ISSUES:

1. +$et$er or not Labo can retain $is "ublic office. . +$et$er or not Lardi!abal, w$o obtained t$e second $ig$est ote in t$e mayoralty race, can re"lace Labo in t$e eent Labo is dis#ualified. HELD-

1. o. Labo did not #uestion t$e aut$enticity of eidence "resented against $im. He was naturali!ed as an

 %ustralian in 19/0. It was not $is marriage to an %ustralian %ustralian t$at made $im an %ustralian. %ustralian. It was $is act of  subse#uently subse#uently swearing by ta'ing an oat$ of allegiance to t$e goernment of %ustralia. %ustralia. He did not dis"ute t$at $e needed an %ustralian "ass"ort to return to t$e $ili""ines in 1982& and t$at $e was listed as an immigrant $ere. It cannot be said also t$at $e is a dual citi!en. 3ual allegiance of citi!ens is inimical to t$e national interest and s$all be dealt wit$ by law. He lost $is (ili"ino citi!ens$i" w$en $e swore allegiance to %ustralia. He cannot also claim t$at w$en $e lost $is %ustralian citi!ens$i", $e became solely a (ili"ino. 4o restore $is (ili"ino citi!ens$i", $e must be naturali!ed or re"atriated or be declared as a (ili"ino t$roug$ an act of Congress 5 none of t$is $a""ened. Labo, being a foreigner, cannot cannot sere "ublic office. office. His claim t$at $is lac' of citi!ens$i" s$ould not oercome t$e will of t$e electorate is not tenable. 4$e "eo"le of Baguio could not $ae, een unanimously, c$anged t$e re#uirements re#uirements of t$e Local 6oernment Code and t$e Constitution Constitution sim"ly by electing a foreigner foreigner 7curiously, would Baguio $ae oted for Labo $ad t$ey 'nown $e is %ustralian. %ustralian. 4$e electorate $ad no "ower to "ermit a foreigner  owing $is total allegiance to t$e ueen of %ustralia, or at least a stateless indiidual owing no allegiance to t$e Re"ublic of t$e $ili""ines, to "reside oer t$em as mayor of t$eir city. :nly citi!ens of t$e $ili""ines $ae t$at "riilege oer t$eir countrymen. . Lardi!abal on t$e ot$er $and cannot assert, t$roug$ t$e #uo warranto "roceeding, t$at $e s$ould be declared t$e mayor by reason of Labo)s dis#ualification because Lardi!abal obtained t$e second $ig$est number of ote. It would be e;tremely re"ugnant to t$e basic conce"t of t$e constitutionally guaranteed rig$t to suffrage if a candidate w$o $as not ac#uired t$e ma*ority or "lurality of otes is "roclaimed a winner and im"osed as t$e re"resentatie of a constituency, t$e ma*ority of w$ic$ $ae "ositiely declared t$roug$ t$eir ballots t$at t$ey do not c$oose $im.
goernment t$at no one can be declared elected and no measure can be declared carried unless $e or it receies a ma*ority or "lurality of t$e legal otes cast in t$e election.