Case Digest (G.R. No. 105111)
Facts:
Ramon L. Labo, Jr. v. Commission on Elections and Roberto Ortega (G.R. No. 105111) and Roberto C. Ortega v. Commission on Elections and Ramon L. Labo, Jr. (G.R. No. 105384), July 03, 1992, Supreme Court En Banc, Bidin, J., writing for the Court.Petitioner Ramon L. Labo, Jr. filed his certificate of candidacy for Mayor of Baguio City on March 23, 1992; petitioner Roberto Ortega filed for the same office on March 25, 1992. Ortega filed a disqualification proceeding against Labo with the Commission on Elections (Comelec) on March 26, 1992 (SPA No. 92-029), alleging that Labo falsely represented himself as a "natural-born" Filipino citizen in his certificate of candidacy.
Comelec issued summons (March 27, 1992) and a telegram (April 1, 1992) directing Labo to file an Answer within three days; Labo did not timely answer. Ortega moved to declare Labo in default (April 15, 1992). Comelec ordered personal service of summons (April 24, 1992). At the hearing on May 4, 1992, Ortega presented the Court's 1989 decision in Labo v. Commission on Elections (176 SCRA 1 [1989]) declaring Labo not a Filipino citizen; Labo presented no evidence at that time and filed his Answer only on May 5, 1992.
On May 9, 1992, Comelec resolved to grant Ortega's petition and cancelled Labo's certificate of candidacy. Labo sought clarification and a stay; Comelec, on May 10, 1992, declared its May 9 ruling would become final and executory only after five days pursuant to its rules and that Labo could still be voted upon pending final outcome. Comelec on May 13, 1992 motu proprio resolved to suspend proclamation should Labo win.
Labo filed a petition for review with this Court (GR No. 105111) on May 15, 1992 asking, inter alia, for a temporary restraining order, a declaration of Filipino citizenship, and directive to proclaim him if he won. Ortega filed an urgent motion for implementation with Comelec the same day; Comelec denied it on May 26, 1992 because of the pending Supreme Court petition. Ortega thereafter filed a petition for mandamus in this Court (GR No. 105384) on June 1, 1992 seeking implementation of Comelec's May 9 resolution. The Court resolved the cases submitted for decision on June 16, 1992.
In GR No. 105111 Labo argued he had reacquired Filipino citizenship and that the Comelec proceedings denied him a fair opportunity to be heard; he cited the U.S. case Vance v. Terrazas (444 U.S. 252) on the burden to prove intent to expatriate. He also invoked procedures for repatriation under PD 725 and Letter of Instruction No. 270, claiming he had applied for repatriation and received fa...(Pro-only)
Issues:
- Did the Comelec's May 9, 1992 resolution canceling Labo's certificate of candidacy become final and executory five days after promulgation absent a Supreme Court stay?
- Did the Comelec commit grave abuse of discretion in cancelling Labo's certificate of candidacy and declaring him not a Filipino citizen, or was the Comelec properly bound by the Court's earlier decision in Labo v. Comelec (176 SCRA 1 [1989])?
- Does the disqualification of Labo entitle Roberto Ortega, the candidate with the next highest number of votes, to be proclaimed Mayor of Baguio City, o...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)