Case Summary (G.R. No. 105111)
Applicable Law (1987 Constitution Basis)
- Natural-born Filipino citizenship is required for elective public office (1987 Const., Art. VI, Sec. 10; Art. X, Sec. 44).
- Omnibus Election Code Secs. 78; Comelec Rules, Rule 39, Sec. 3 – decisions on candidacy become final after five days unless stayed by the Supreme Court.
- Local Government Code Sec. 39 – elective local officials must be Filipino citizens.
- Local Government Code Sec. 44 – vice-mayor succeeds to mayor in case of permanent vacancy.
Chronology of Proceedings
- March 23 & 25, 1992: Labo and Ortega file certificates of candidacy.
- March 26, 1992: Ortega petitions Comelec to cancel Labo’s certificate for false citizenship claim.
- May 4, 1992: Comelec hearing; Ortega presents this Court’s 1989 decision declaring Labo not a Filipino citizen. Labo offers no evidence.
- May 9, 1992: Comelec cancels Labo’s certificate of candidacy.
- May 10 & 13, 1992: Comelec clarifies decision’s executory effect and suspends Labo’s proclamation pending finality.
- May 15, 1992: Labo files petition for certiorari (GR No. 105111) to set aside Comelec’s disqualification; Ortega files mandamus petition (GR No. 105384) to implement the cancellation.
- May 14, 1992: Comelec resolution becomes final and executory (five-day period lapsed without Supreme Court stay).
- June 16, 1992: Supreme Court considers both petitions submitted for decision.
Issue I: Labo’s Citizenship and Comelec’s Disqualification
Labo contends he has reacquired Philippine citizenship and faults abbreviated Comelec proceedings. He relies on U.S. precedent requiring proof of expatriating intent. The Court notes:
- Labo failed to present any evidence of Philippine citizenship reacquisition, whether by legislative act, naturalization, or repatriation under PD 725/LOI 270.
- His mere application for repatriation remains pending and does not effectuate citizenship.
- This Court’s 1989 ruling that Labo is not a Filipino citizen remains binding (res judicata).
- Comelec afforded Labo due process with multiple summons and hearing dates; delay was attributable to Labo’s non-compliance.
Ruling: Comelec did not commit grave abuse of discretion. Labo remains an alien and is disqualified from candidacy. His certificate of candidacy was properly canceled.
Issue II: Finality of Comelec Resolution
Ortega argues that Comelec’s May 9 resolution became final and executory five days after receipt (May 14), entitling him to mandate implementation. The Court agrees that no Supreme Court stay was issued within the five-day period; thus, Comelec’s disqualification order is final and binding.
Issue III: Proclamation of Next Highest Vote-Getter
Ortega claims that, with Labo’s votes excluded, he as second placer should be declared mayor. The Court rejects this:
- Votes cast for a candidate presumed qualified at election cannot be treated as void or stray.
- The electorate voted for Labo in good faith; their franchise cannot be nullif
Case Syllabus (G.R. No. 105111)
Facts and Initiation of Candidacies
- On March 23, 1992, Ramon L. Labo, Jr. filed his Certificate of Candidacy for Mayor of Baguio City, representing himself as a “natural-born” Filipino citizen.
- On March 25, 1992, Roberto C. Ortega likewise filed his Certificate of Candidacy for the same office.
- Believing himself qualified, Labo proceeded to campaign; Ortega prepared to challenge his eligibility.
Disqualification Proceedings Before Comelec (SPA No. 92-029)
- March 26, 1992: Ortega lodged a disqualification petition with the Comelec, alleging that Labo falsely claimed Filipino citizenship.
- March 27 & April 1, 1992: Comelec served summons upon Labo and required his Answer within three non-extendible days; Labo defaulted.
- April 15, 1992: Ortega moved to declare Labo in default for failure to answer.
- April 24, 1992: Comelec ordered personal service of summons by the Election Registrar.
- May 4, 1992: At the hearing, Ortega presented the 1989 Supreme Court decision (176 SCRA 1) declaring Labo not a Filipino citizen; Labo offered no evidence.
- May 5, 1992: Labo belatedly filed his verified Answer, asserting Filipino citizenship but submitting no proof.
Comelec Resolutions and Orders
- May 9, 1992: Comelec resolved to grant Ortega’s petition, cancelled Labo’s certificate of candidacy, and directed the deletion of his name from the ballot.
- May 9, 1992: Labo filed an ex parte motion to stay implementation of the cancellation.
- May 10, 1992: Comelec clarified that its May 9 resolution would become final and executory after five days (per Rule 18, Sec. 13[b] of its Rules).
- May 13, 1992: Comelec motu proprio suspended Labo’s proclamation in the event he won, pending Supreme Court action.
- May 15, 1992: Comelec denied Ortega’s urgent motion for immediate implementation, citing the pending Supreme Court petition (GR No. 105111).
Supreme Court Petitions and Arguments
- May 15, 1992: Labo filed a petition for review under Rule 45 (GR No. 1