G.R. No. 45699 - Cuevo vs. Barredo

G.R. No. 212615: Petition for certiorari and prohibition filed by Leodegario A. Labao, Jr. (Labao) seeking to annul the COMELEC First Division Resolution of September 24, 2013 and the COMELEC En Banc Resolution of May 21, 2014 disqualifying him as candidate for Mayor of Mambusao, Capiz, and nullifying his proclamation.
G.R. No. 212989: Petition for certiorari and mandamus filed by Sharon Grace Martinez-Martelino (Sharon) seeking to annul only the portion of the COMELEC En Banc Resolution directing application of succession rules and to compel COMELEC to proclaim her as duly elected Mayor.

Labao filed his Certificate of Candidacy for Mayor on October 3, 2012. On December 20, 2012, a co-accused confessed implicating him as mastermind in the May 4, 2012 assassination of Vice-Mayor Abel P. Martinez. DOJ found probable cause April 4, 2013; Information filed and arrest warrant issued April 10, 2013; PNP failed to serve it on him at St. Paul’s Hospital, Iloilo City, on April 14, 2013.
Ludovico L. Martelino, Jr. filed a petition for disqualification on May 8, 2013 under Section 40(e), Local Government Code (LGC), alleging Labao was a fugitive from justice. Labao denied flight, citing hospitalization, intent to file for hospital arrest, and subsequent DOJ resolution excluding him (July 15, 2013) and RTC orders suspending and later dismissing the case (November 4, 2013 and May 21, 2014).

COMELEC First Division (September 24, 2013) disqualified Labao as a fugitive from justice. Labao moved for reconsideration; Sharon and Liga ng mga Barangay-Mambusao Chapter moved to intervene.
RTC Branch 21 issued orders lifting the warrant (November 4, 2013) and dismissing the murder charge for lack of probable cause (May 21, 2014).
COMELEC En Banc (May 21, 2014) denied reconsideration, affirmed disqualification, nullified Labao’s proclamation, and applied Section 44 LGC succession rules.

Whether the COMELEC committed grave abuse of discretion in entertaining a “pre-proclamation controversy” after Labao’s proclamation and in disqualifying him as a fugitive from justice despite the absence of an enforceable warrant and the subsequent dismissal of the murder charge.

Whether Sharon Martinez-Martelino, as second-placer in the election, is entitled to intervene and be proclaimed Mayor under succession rules following Labao’s disqualification.