POLITICAL LAW
Clarice Questin DRAFT NO. 2
LEODEGARIO A. LABAO, JR. v. COI!!ION ON ELECTION!, ET AL. G.R. N". 2#2$#%, #& Jul' 2(#$, EN BANC )Le"nar*"+De Castr", J.)
DOCTRINE OF TE CA!E The definition of ‘fugitive from justice’, thus indicates that the intent to evade is the compelling factor that animates one's flight from a particular jurisdiction. Obviously, there there can can only only be an inte intent nt to evade evade prose prosecut cutio ion n or puni punish shme ment nt when when there there is knowledge by the fleeing subject of an already instituted indictment, or of a promulgated judgment of conviction.
FACT!
Ludovico L. Martelino, Jr. (Ludovico) filed a petition for disqualification before the Commission on Elections (COMELEC), seekin the disqualification of Leodeario !. Labao, Jr. (Labao, Jr.) as candidate for Ma"or of the Municipalit" of Mambusao, Capi# in the Ma" $%, &'$% elections, on the round that Labao, Jr. as a fuitive from ustice. Ludovico essentiall" averred that there as an outstandin arrant for Labao, Jr.*s arrest in connection ith the filin of an +nformation for Murder aainst him and four other persons, hich stemmed from the assassination of ice-Ma"or !bel . Martine#/ and that he had eluded arrest, thus, as at lare. Labao, Jr. denied denied the assertion assertion that he as a fuitive from ustice. 0e countered that there as no chare aainst him hen he filed his Certificate of Candidac" (COC)/ and that he as onl" implicated in the crime hen one 1oer 2. Loredo filed his
e3traudicial confession. 4urther, Labao, Jr. asserted that he as confined at 5t. aul6s 0ospital in +loilo Cit" due to constant chest pains occasioned b" an enlared heart/ and that he learned from his staff that police authorities had surrounded the hospital and the" personall" heard a police officer sa" !hoot to kill si "abao.# +nstinctivel", ithout an" intent to elude arrest, but for the sinular purpose of preservin his life, he as forced to leave the hospital. 4inall", Labao, Jr. puts emphasis on the fact that he had alread" been proclaimed as the dul" elected Municipal Ma"or of Mambusao, Capi# on Ma" $7, &'$%. +n a resolution dated 5eptember &7, &'$%, the COMELEC 4irst 2ivision resolved to disqualif" Labao, Jr./ and held that Labao, Jr. as a fuitive from ustice, i.e., that his acts subsequent to the filin of the +nformation for murder and the issuance of a arrant of arrest indicate an unmistakable intent to evade prosecution. Labao, Jr. souht for the reconsideration of said resolution. +n the meantime, the 1eional 8rial Court (18C) of Capi# issued an order on 9ovember 7, &'$% temporaril" suspendin the proceedins in consideration of a Jul" $:, &'$% 2OJ 1esolution issued b" ;ndersecretar" 4rancisco 4.
+n a 1esolution dated Ma" &$, &'$7, the same da" as the issuance of the abovementioned 18C order, the COMELEC En
I!!-E!
$. =as the petition aainst Labao, Jr. one for disqualification, or a preproclamation controvers"> &. =as Labao, Jr. a fuitive from ustice at the time that he as a candidate for Ma"or of Mambusao, Capi#>
R-LING
$. ?E5. 8he petition aainst Labao, Jr. as one for disqualification, and not a preproclamation controvers". 8he Omnibus Election Code (OEC) clearl" defines the term @pre-proclamation controvers".A ertinentl", 5ection &7$ thereof provides as follosB @5ec. &7$. 2efinition. ! pre-proclamation controvers" refers to an" question pertainin to or affectin the proceedins of the board of canvassers hich ma" be raised b" an" candidate or b" an" reistered political part" or coalition of political parties before the board or directl" ith the Commission, or an" matter raised under 5ections &%%, &%7, &%: and &% in relation to the preparation, transmission, receipt, custod" and appreciation of the election returns.A
4rom the foreoin provisions of the OEC, it is quite clear that the petition for disqualification filed b" Ludovico docketed as 5! Case 9o. $%-&D7 (2C) in no a" qualifies as a pre-proclamation controvers", havin absolutel" nothin to do ith an" matter or round pertainin to or affectin the proceedins of the board of canvassers or an" matter raised under 5ections &%%, &%7, &%: and &% in relation to the preparation, transmission, receipt, custod" and appreciation of the election returns. 8hus, in this case, the petition filed aainst Labao, Jr. does not come ithin the scope of a pre-proclamation controvers" under the aforequoted OEC provision. 8he rounds to file a petition for disqualification are provided for in 5ection $& or of the OEC, or under 5ection 7' of the Local Fovernment Code. +n the case at bar, the petition for disqualification aainst Labao, Jr. as based on 5ection 7'(e) of the Local Fovernment Code, disqualif"in @GfHuitives from ustice in criminal or non-political cases here or abroadA from runnin for an" elective local position. &. 9O. Labao, Jr. as not a fuitive from ustice at the time that he as a candidate for Ma"or of Mamhusao, Capi# durin the Ma" $%, &'$% Elections.
prosecution or punishment hen there is knolede b" the fleein subect of an alread" instituted indictment, or of a promulated udment of conviction.A 8he COMELEC anchored its findin that Labao, Jr. as a fuitive from ustice from the fact that he as missed at the hospital hen the arrant for his arrest as bein served. 9o other substantial evidence as presented to prove that Labao, Jr, tried to hide from the authorities or that he left Mambusao, Capi# to avoid bein arrested and prosecuted. On the part of Labao, Jr., he as able to sho his presence in Mambusao, and his desire to participate in the proceedins before the 2OJ and the 18C. Moreover, there as no proof to sho the efforts e3erted b" the police to locate Labao, Jr. and that despite such efforts, the arrant of arrest aainst him could not be served. Fiven the foreoin, the Court finds that the pieces of evidence on record do not sufficientl" establish Labao, Jr.*s intention to evade bein prosecuted for a criminal chare that ill arrant a seepin conclusion that Labao, Jr., at the time, as evadin prosecution so as to disqualif" him as a fuitive from ustice from runnin for public office.
