Labo vs. Comelec Case Digest

LABO VS. COMELEC PAPER # 1 FACTS: The petitioner asks this court to restrain the COMELEC from looking into the question of his citizenship for his office as Mayor of Baguio City. In the January 20, 1988 elections, Ramon J. Labo, Jr. was proclaimed as the new elected Mayor of Baguio City. Six days later, Luis Lardizabal, the private respondent, filed a petition for quo warranto which according to the petitioner may not be valid because the filing fee was not paid yet. While the petition for quo warranto was being argued, the question of the petitioner's citizenship was brought about. Through the records from the Australian Embassy, it was found that the  petitioner - who had married an Australian citizen, acquired an Australian passport with the Consular ID - returned in the Philippines in 1980 for the reason that his marriage became void because of bigamy. It was also stated that he was granted Australian citizenship in 1976. There was also an Oath of Allegiance taken by  petitioner which renunciation renunciation of other other allegiance is is included. ISSUE/S: 1. Whether or not the COMELEC COMELEC has jurisdiction to conduct any inquiry about Ramon J. Labo, Jr. as the newly elected Mayor of Baguio, considering that the petition for quo warranto against him was not filed on time.

2. Whether or not Ramon J. Labo is a Filipino citizen. 3. Whether or not petitioner can hold office in the Philippines. 4. Whether or not Luis Lardizabal, who filed the petition for quo warranto, can replace the petitioner Ramon J. Labo, Jr. as Mayor of Baguio City. HELD: WHEREFORE, petitioner Ramon J. Labo, Jr. is hereby declared NOT a citizen of the Philippines and therefore DISQUALIFIED from continuing to serve as Mayor of Baguio City. He is ORDERED to vacate his office and surrender the same to the Vice-Mayor of Baguio City once this decision becomes final and executor. The temporary restraining order dated January 31, 1989, is lifted. 1. Yes, COMELEC has jurisdiction regarding the petition of quo warranto  being filed against the petitioner was paid on time. It is contrary to the  petitioner’s claim that the court may allow the payment of the said fee within a reasonable time. Lardizabal was able to pay the said fee within the required 10-day period. 2. Ramon J. Labo, Jr. is not a Filipino citizen anymore because of the following requisites based on the Constitution: a.) He is already a naturalized citizen in a foreign country; b) He renounced his Filipino citizenship by c) taking and pledging to the oath of allegiance of the foreign country promising to faithfully observe the laws and fulfill the duties of an Australian citizen. He also did not make a move in

reacquiring his Filipino citizenship by doing the following modes of  action: a) reacquiring by direct act of Congress; b) by naturalization; and c) by repatriation. 3.  No. He cannot hold office in the Philippines because of non-compliance to Local Government Code Section 42 ( Qualifications about holding a  public office). A foreigner is not entitled to hold public office in the Philippines. 4. The private respondent is not applicable to replace Ramon J. Labo Jr., as the mayor because the person who is fit to the position is the elected Vice Mayor.