Case Digest (G.R. No. 214986) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Rolando P. Dela Torre v. Commission on Elections and Marcial Villanueva (G.R. No. 121592, July 5, 1996), petitioner Rolando P. Dela Torre challenged two resolutions of the Commission on Elections (COMELEC). The first, dated May 6, 1995, disqualified him from seeking the May 8, 1995 mayoralty of Cavinti, Laguna under Section 40(a) of Republic Act No. 7160 (the 1991 Local Government Code), on the ground that his final conviction on January 18, 1991 for violation of P.D. 1612 (the Anti-Fencing Law) involved moral turpitude. The conviction arose from Municipal Trial Court Branch 1, Binangonan, Rizal (Criminal Case No. 14723), affirmed by the Regional Trial Court on November 14, 1990. Petitioner subsequently obtained probation on December 21, 1994, suspending execution of his sentence. In his motion for reconsideration filed May 16, 1995, he argued that probation nullified the disqualification, but the COMELEC denied it on August 28, 1995. Thereafter, he filed this petition f Case Digest (G.R. No. 214986) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Proceedings
- Petitioner Rolando P. Dela Torre filed a petition for certiorari dated September 8, 1995 seeking nullification of two COMELEC resolutions in SPA No. 95-047.
- Respondents are the Commission on Elections (COMELEC) and Marcial Villanueva, candidate for Mayor of Cavinti, Laguna.
- COMELEC Resolutions
- Resolution dated May 6, 1995
- Declared petitioner disqualified from running as Mayor of Cavinti, Laguna in the May 8, 1995 elections.
- Cited Section 40(a) of R.A. 7160 disqualification for “offense involving moral turpitude.”
- Relied on petitioner’s conviction for violation of P.D. 1612 (Anti-Fencing Law): MTC decision June 1, 1990; RTC affirmation November 14, 1990; final January 18, 1991.
- Resolution dated August 28, 1995
- Denied petitioner’s motion for reconsideration (filed May 16, 1995).
- Petitioner contended that probation granted December 21, 1994 suspended execution of his conviction and legal consequences under Section 40(a).
Issues:
- Does the crime of fencing under P.D. 1612 involve moral turpitude for purposes of Section 40(a), R.A. 7160?
- Does the grant of probation suspend the applicability of Section 40(a) disqualification for a prior conviction?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)