MARQUEZ versus COMELEC (243 SCRA 538)

Disqualification case on the ground of “fugitive from justice”

MARQUEZ versus COMELEC (243 SCRA 538)

Facts:

Marquez, a candidate for an elective position in Quezon Province during the 1998 elections, filed a petition praying for the cancellation of the certificate of candidacy of Rodriguez on the ground of disqualification under section 40 of the Local Government Code Section 40. Disqualification.

The following persons are disqualified from running for any local elective position… (e) Fugitive from justice in criminal or non-political cases here or abroad.

Rodriguez is allegedly criminally charged with insurance fraud or grand theft of personal property in the United States and that his arrest is yet to be served because of his flight from the country. The COMELEC dismissed Marquez’s Petition. Rodriguez was proclaimed the Governor-elect of Quezon.

Issue:

Whether or not private respondent, who at the time of the filing of his COC is said to be facing criminal charges before a foreign court and evading a warrant of arrest comes within the term “fugitive from justice”.

Held:

No. Although it is provided in Article 73 of the Rules and Regulations implementing the Local Government Code of 1991 that for a person to be considered a fugitive from justice, he or she has to be convicted by final judgment, but such definition is an ordinate and under circumscription of the law. For the term fugitive from justice includes not only those who after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution. This definition truly finds support from jurisprudence, and it may be conceded as expressing the general and ordinary connotation of the term.