G.R. No. 205033 - Jalosjos vs. Commission on Elections

On November 16, 2001, the Supreme Court in G.R. Nos. 132875-76 convicted Romeo G. Jalosjos of two counts of statutory rape and six counts of acts of lasciviousness, sentencing him to reclusion perpetua and reclusion temporal with the accessory penalty of perpetual absolute disqualification under Article 41 of the Revised Penal Code (RPC).
On April 30, 2007, President Gloria Macapagal-Arroyo commuted his sentence to sixteen years, three months, and three days; he was released and issued a Certificate of Discharge on March 18, 2009.

On April 26, 2012, Jalosjos applied to register as a voter in Zamboanga City; his application was denied due to his perpetual absolute disqualification. He filed a Petition for Inclusion before the Municipal Trial Court in Cities (MTCC).
On October 5, 2012, he filed his Certificate of Candidacy (CoC) for Mayor of Zamboanga City for the May 2013 elections. The MTCC denied his Petition for Inclusion on October 18, 2012; the Regional Trial Court affirmed on October 31, 2012, rendering the decision final and executory. Meanwhile, petitioners before the COMELEC divisions sought to cancel his CoC. On January 15, 2013, the COMELEC En Banc issued Resolution No. 9613 motu proprio canceling and denying due course to his CoC for his perpetual absolute disqualification and failure to register as a voter.

Whether the COMELEC En Banc acted beyond its jurisdiction by issuing Resolution No. 9613 motu proprio and violated petitioner’s right to procedural due process.

Whether petitioner’s perpetual absolute disqualification was removed by Section 40(a) of Republic Act No. 7160 (Local Government Code of 1991), which allows persons convicted of offenses involving moral turpitude to run for local office two years after serving sentence.