Case Summary (G.R. No. 212615)
Applicable Law
Under the 1987 Constitution and implementing statutes, the pertinent provisions are:
• Section 40(e) of the Local Government Code (LGC), disqualifying “fugitives from justice” from local elective office.
• Sections 233–241 of the Omnibus Election Code (OEC), defining pre-proclamation controversies.
• Section 44 of the LGC, prescribing succession in case of a permanent vacancy in local executive posts.
• Rules 64 and 65 of the Rules of Court, governing petitions for certiorari, prohibition, and mandamus.
Factual Background
On May 4, 2012, Vice-Mayor Martinez was assassinated. On December 20, 2012, a co-accused executed an extrajudicial confession implicating Labao, Jr. as mastermind. The Department of Justice found probable cause on April 4, 2013; an Information for murder and arrest warrants issued April 10, 2013. Labao, Jr. filed his Certificate of Candidacy on October 3, 2012. Police failed to serve the warrant at St. Paul’s Hospital, Iloilo City, on April 14, 2013, where Labao, Jr. was allegedly confined.
COMELEC Proceedings
Martelino, Jr. petitioned COMELEC for Labao, Jr.’s disqualification as a “fugitive from justice,” invoking Section 40(e) of the LGC. The First Division issued a September 24, 2013 resolution disqualifying and annulling Labao, Jr.’s proclamation, finding his elusion of arrest to evince intent to evade prosecution. Labao, Jr. moved for reconsideration, stressing his hospital confinement, intent to submit to hospital arrest, and proclamation as duly elected mayor. Sharon Martinez-Martelino and the Liga ng mga Barangay-Mambusao Chapter separately sought intervention, contending that she, as second placer, should be proclaimed.
RTC and DOJ Developments
On July 15, 2013, DOJ Undersecretary Baraan excluded Labao, Jr. from the Information; the RTC suspended the arrest warrant on November 4, 2013. DOJ Secretary De Lima reversed the exclusion on November 14, 2013. On May 21, 2014, RTC Branch 21 dismissed the murder complaint for lack of probable cause.
COMELEC En Banc Resolution
On May 21, 2014, COMELEC En Banc denied Labao, Jr.’s motion and reaffirmed his disqualification, declaring his proclamation null and void. It applied Section 44 of the LGC to fill the vacancy by succession. Motions to intervene by Sharon and the Liga were denied as tardy and moot.
Issues Presented
Labao, Jr. challenged COMELEC’s jurisdiction and its finding of fugitive status, arguing that his subsequent exoneration and lack of an enforceable warrant rendered the disqualification improper. Sharon contested only the application of the succession rule, asserting her right as second placer under Maquiling v. COMELEC.
Supreme Court Ruling on Disqualification
The Court first held that a disqualification petition under Section 40(e) LGC is not a “pre-proclamation controversy” as defined by Sections 233–241 OEC. The exclusive list of pre-proclamation issues does not encompass statutory disqualification grounds. Turning to the merits, the Court f
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Facts of the Consolidated Petitions
- Two petitions were consolidated: G.R. No. 212615 (Labao, Jr.’s Petition for Certiorari and Prohibition) and G.R. No. 212989 (Sharon’s Petition for Certiorari and Mandamus).
- Labao, Jr. was proclaimed Mayor of Mambusao, Capiz after the May 13, 2013 elections, but Ludovico L. Martelino, Jr. filed a May 8, 2013 disqualification petition before COMELEC on the ground that Labao, Jr. was a fugitive from justice.
- An Information for murder was filed April 10, 2013 in RTC-Branch 21, Mambusao, Capiz, based on an extrajudicial confession of an accomplice, Roger D. Loredo, implicating Labao, Jr. in the assassination of Vice-Mayor Abel P. Martinez on May 4, 2012.
- Warrants of arrest were issued the same day. PNP attempted to serve them on April 14, 2013 at St. Paul’s Hospital, Iloilo City, but Labao, Jr. was not apprehended.
- Labao, Jr.’s answer (June 12, 2013) denied fugitive status, citing his confinement for acute coronary syndrome, intention to submit via hospital arrest, perceived threats at the hospital, a Special Power of Attorney in favor of his wife, and his subsequent proclamation and assumption of mayoral functions.
COMELEC First Division Proceedings
- On September 24, 2013, the COMELEC First Division disqualified Labao, Jr. as a “fugitive from justice” under Section 40(e), Local Government Code, relying on Rodriguez v. COMELEC (328 Phil. 624).
- The First Division held that the issuance and attempted service of the arrest warrant, and Labao, Jr.’s elusion, demonstrated intent to evade prosecution.
- Labao, Jr. moved for reconsideration contending the matter was moot post-proclamation, Rodriguez was inapplicable, and that doubts should favor the proclaimed winner.
- Sharon moved to intervene, claiming stray votes doctrine (OEC Sec. 211[24]) and her status as second-placer. Liga ng mga Barangay-Mambusao Chapter also sought intervention on mootness grounds.
- RTC-Branch 21 temporarily suspended enforcement of the arrest warrant (Order Nov. 4, 2013) following a DOJ resolution