Dela

Torre vs. COMELEC Local Government Code subsists and remains totally unaffected
G.R. No. 121592 July 5, 1996 notwithstanding the grant of probation.

Moreno vs. COMELEC
Facts: Petitioner Rolando P. Dela Torre seeks the nullification of
G.R. No. 168550 August 10, 2006
two resolutions issued by the Commission on Elections. The first

assailed resolution declared the petitioner disqualified from
Facts: Norma L. Mejes filed a petition to disqualify Urbano Moreno
running for the position of Mayor of Cavinti, Laguna, citing as the
from running for Punong Barangay on the ground that the latter
ground therefor, Section 40(a) of Republic Act No. 7160. Evidence
was convicted by final judgment of the crime of Arbitrary
shows that petitioner was found guilty by the Municipal Trial
Detention and was sentenced to suffer imprisonment of Four (4)
Court for violation of P.D. 1612, otherwise known as the Anti-
Months and One (1) Day to Two (2) Years and Four (4) Months by
fencing Law. COMELEC declared the petitioner disqualified as the
the Regional Trial Court, Branch 28 of Catbalogan, Samar. Moreno
nature of the offense under P.D. 1612 with which respondent was
filed an answer averring that the petition states no cause of action
convicted certainly involves moral turpitude.
because he was already granted probation. Moreno also argued
The second assailed resolution denied petitioner's motion for that under Sec. 16 of the Probation Law of 1976 (Probation Law),
reconsideration. In said motion, petitioner claimed that Section 40 the final discharge of the probation shall operate to restore to him
(a) of the Local Government Code does not apply to his case all civil rights lost or suspended as a result of his conviction and to
inasmuch as the probation granted him by the MTC on December fully discharge his liability for any fine imposed. Urbano M.
21, 1994 which suspended the execution of the judgment of Moreno was disqualified from running for the elective office of
conviction and all other legal consequences flowing therefrom, Punong Barangay of Barangay Cabugao, Daram, Samar and
rendered inapplicable Section 40 (a) as well. COMELEC First Division ruled that the grant of probation to
Moreno merely suspended the execution of his sentence but did
Issue: WON a grant of probation affects Section 40 (a)'s
not affect his disqualification from running for an elective local
applicability.
office.
Held: NO. The Court held that the legal effect of probation is only
Moreno argues that the disqualification under the Local
to suspend the execution of the sentence. Petitioner's conviction of
Government Code applies only to those who have served their
fencing which was heretofore declared as a crime of moral
sentence and not to probationers because the latter do not serve
turpitude and thus falling squarely under the disqualification
the adjudged sentence. Moreno alleges that he applied for and was
found in Section 40 (a), subsists and remains totally unaffected
granted probation within the period specified therefor. He never
notwithstanding the grant of probation. In fact, a judgment of
served a day of his sentence as a result. Hence, the disqualification
conviction in a criminal case ipso facto attains finality when the
under Sec. 40(a) of the Local Government Code does not apply to
accused applies for probation, although it is not executory pending
him.
resolution of the application for probation. Conviction for an
offense involving moral turpitude stands even if the candidate was Issue: WON Moreno was disqualified to run for Punong Barangay
granted probation. The disqualification under Sec. 40(a) of the
Held. No. The Court held that the decision on the case of Dela Torre battle for six councilor seats. As in the past, however, his right to
v. Comelec is not squarely applicable. Our pronouncement therein office was again contested. Grego, claiming to be a registered
that the grant of probation does not affect the disqualification voter, filed with the COMELEC a petition for disqualification,
under Sec. 40(a) of the Local Government Code was based praying for Basco's disqualification, for the suspension of his
primarily on the finding that the crime of fencing of which proclamation, and for the declaration of Romualdo S. Maranan as
petitioner was convicted involves moral turpitude, a circumstance the sixth duly elected Councilor of Manila's Second District.
which does not obtain in this case. At any rate, the phrase "within However, before the parties could comply with the submission of
two (2) years after serving sentence" should have been their respective memoranda, the Manila City BOC proclaimed
interpreted and understood to apply both to those who have been Basco as a duly elected councilor for the Second District of Manila,
sentenced by final judgment for an offense involving moral placing sixth among several candidates who vied for the seats.
turpitude and to those who have been sentenced by final judgment
The COMELEC's First Division resolved to dismiss the petition for
for an offense punishable by one (1) year or more of
disqualification on October 6, 1995, ruling that "the administrative
imprisonment. The grant of probation to petitioner suspended the
penalty imposed by the Supreme Court on respondent Basco on
imposition of the principal penalty of imprisonment, as well as the
October 31, 1981 was wiped away and condoned by the electorate
accessory penalties of suspension from public office and from the
which elected him" and that on account of Basco's proclamation on
right to follow a profession or calling, and that of perpetual special
May 17, 1995, as the sixth duly elected councilor of the Second
disqualification from the right of suffrage.
District of Manila, "the petition would no longer be viable."
Grego vs. COMELEC
Issue: WON private respondent's was disqualified due to the
G.R. No. 125955 June 19, 1997
administrative dismissal

Facts: Humberto Basco was removed from his position as Deputy Held: No. The Court held that the Tordesillas decision did not bar
Sheriff by no less than this Court upon a finding of serious Basco from running for any elective position. Under the former
misconduct in an administrative complaint lodged by a certain Civil Service Decree, the law applicable at the time Basco, a public
Nena Tordesillas. Subsequently, Basco ran as a candidate for officer, was administratively dismissed from office, the term
Councilor in the Second District of the City of Manila during the "reinstatement" had a technical meaning, referring only to an
January 18, 1988, local elections. He won and, accordingly, appointive position. What is contemplated by the prohibition in
assumed office. After his term, Basco sought re-election in the May Tordesillas is reinstatement to an appointive position.
11, 1992 synchronized national elections. Again, he succeeded in

his bid and he was elected as one of the six (6) City Councilors.
However, his victory this time did not remain unchallenged. In the
midst of his successful re-election, he found himself besieged by
lawsuits of his opponents in the polls who wanted to dislodge him Reyes vs. COMELEC
from his position. Despite the odds previously encountered, Basco G.R. No. 120905 March 7, 1996
remained undaunted and ran again for councilor seeking a third
and final term. Once again, he beat the odds by emerging sixth in a
Facts: Renato U. Reyes was the incumbent mayor of the order from the COMELEC, petitioner Reyes was voted for in the
municipality of Bongabong, Oriental Mindoro, having been elected elections held on May 8, 1995. T he Municipal Board of Canvassers
to that office on May 11, 1992. On October 26, 1994, an of Bongabong, apparently unaware of the disqualification of Reyes
administrative complaint was filed against him with the by the COMELECs second division, proclaimed him the duly-
Sangguniang Panlalawigan by Dr. Ernesto Manalo. It was alleged, elected mayor. The COMELEC en banc declared him to have been
among other things, that petitioner exacted and collected validly disqualified as candidate and, consequently, set aside his
proclamation as municipal mayor of Bongabong.
P50,000,00 from each market stall holder in the Bongabong Public
Market; that certain checks issued to him by the National
Julius M. Garcia, who obtained the second highest number of votes
Reconciliation and Development Program of the Department of next to petitioner Reyes in the same elections of May 8, 1995,
Interior and Local Government were never received by the intervened in the COMELEC contending that because Reyes was
Municipal Treasurer nor reflected in the books of accounts of the disqualified, he was entitled to be proclaimed mayor of
same officer; and that he took twenty-seven (27) heads of cattle Bongabong, Oriental Mindoro.
from beneficiaries of a cattle dispersal program after the latter had
reared and fattened the cattle for seven months. The Sangguniang Issue: WON the decision of the Sangguniang Panlalawigan,
Panlalawigan found petitioner guilty of the charges and ordered ordering Reyes removed from office, is not yet final because he has
his removal from office. not been served a copy thereof

A temporary restraining order was issued by the court on Held: No. The Court held that the failure of the Sangguniang
February 7, 1995, enjoining the Sangguniang Panlalawigan from Panlalawigan to deliver a copy of its decision was due to the
proceeding with the case. As a result, the decision of the refusal of petitioner and his counsel to receive the decision. As the
Sangguniang Panlalawigan could not be served upon Reyes. But on secretary to the Sangguniang Panlalawigan, Mario Manzo, stated in
March 3, 1995, following the expiration of the temporary his certification, repeated attempts had been made to serve the
restraining order and without any injunction being issued by the decision on Reyes personally and by registered mail, but Reyes
Regional Trial Court, an attempt was made to serve the decision refused to receive the decision. Rule 13, 3 and 7 of the Rules of
upon petitioner's counsel in Manila. Court provide for the service of final orders and judgments either
personally or by mail. Personal service is completed upon actual
The Presiding Officer of the Sangguniang Panlalawigan, Vice or constructive delivery, which may be made by delivering a copy
Governor Pedrito A. Reyes, issued an order for petitioner to vacate personally to the party or his attorney, or by leaving it in his office
the position of mayor and peacefully turn over the office to the with a person having charge thereof, or at his residence, if his
incumbent vice mayor. But service of the order upon petitioner
office is not known. The purpose of the rules on service is to make
was also refused. Meanwhile, on March 20, 1995, petitioner filed a
sure that the party being served with the pleading, order or
certificate of candidacy with the Office of the Election Officer of the
COMELEC in Bongabong. On March 24, 1995, Rogelio de Castro, as judgment is duly informed of the same so that he can take steps to
registered voter of Bongabong, sought the disqualification of protect his interests, enable a party to file an appeal or apply for
petitioner as candidate for mayor, citing the Local Government other appropriate reliefs before the decision becomes final. The
Code of 1991. Nonetheless, because of the absence of any contrary net result is that when the elections were held on May 8, 1995, the
decision of the Sangguniang Panlalawigan had already become Issue: WON Manzano is qualified to run for and or hold the
final and executory. The filing of a petition for certiorari with the elective office of Vice-Mayor of the City of Makati
Regional Trial Court did not prevent the administrative decision
Held: Yes. The Court held that by declaring in his certificate of
from attaining finality. An original action of certiorari is an
candidacy that he is a Filipino citizen; that he is not a permanent
independent action and does not interrupt the course of the
resident or immigrant of another country; that he will defend and
principal action nor the running of the reglementary period
support the Constitution of the Philippines and bear true faith and
involved in the proceeding.
allegiance thereto and that he does so without mental reservation,

Manzano has, as far as the laws of this country are concerned,
Mercado vs. Manzano
effectively repudiated his American citizenship and anything
G.R. No. 135083 May 26, 1999
which he may have said before as a dual citizen. The phrase "dual

citizenship" in R.A. No. 7160, 40(d) and in R.A. No. 7854, 20
Facts: Ernesto S. Mercado and Eduardo B. Manzano were
must be understood as referring to "dual allegiance."
candidates for vice mayor of the City of Makati in the May 11, 1998
Consequently, persons with mere dual citizenship do not fall
elections. The other one was Gabriel V. Daza III. The proclamation
under this disqualification. Unlike those with dual allegiance, who
of Manzano was suspended in view of a pending petition for
must, therefore, be subject to strict process with respect to the
disqualification filed by a certain Ernesto Mamaril who alleged
termination of their status, for candidates with dual citizenship, it
that the former was not a citizen of the Philippines but of the
should suffice if, upon the filing of their certificates of candidacy,
United States. He allged that Manzano was born of a Filipino father
they elect Philippine citizenship to terminate their status as
and a Filipino mother but was born in the United States, San
persons with dual citizenship considering that their condition is
Francisco, California, hence, is considered in American citizen
the unavoidable consequence of conflicting laws of different states.
under US Laws.The Second Division of the COMELEC granted the
The filing of the certificate of candidacy sufficed to renounce his
petition of Mamaril and ordered the cancellation of the certificate
American citizenship, effectively removing any disqualification he
of candidacy of private respondent on the ground that he is a dual
might have as a dual citizen.
citizen and, under 40(d) of the Local Government Code, persons
with dual citizenship are disqualified from running for any elective Lopez vs. COMELEC
position. G.R. No. 182701 July 23, 2008

The COMELEC en banc, however, reversed the ruling of its Second
Facts: Eusebio Eugenio K. Lopez was a candidate for the position
Division and declared private respondent qualified to run for vice
of Chairman of Barangay Bagacay, San Dionisio, Iloilo City in the
mayor of the City of Makati in the May 11, 1998 elections as it was
synchronized Barangay and Sangguniang Kabataan Elections held
shown that when Manzano attained the age of majority, he
on October 29, 2007. Tessie P. Villanueva filed a petitionbefore the
registered himself as a voter, and voted in the elections of 1992,
Provincial Election Supervisor of the Province of Iloilo, praying for
1995 and 1998, which effectively renounced his US citizenship
the disqualification of Lopez on the ground that he is an American
under American law. Under Philippine law, he no longer had U.S.
citizen, hence, ineligible from running for any public office. In his
citizenship. Thus, Manzano was proclaimed as vice mayor of the
Answer, Lopez argued that he is a dual citizen, a Filipino and at the
City of Makati.
same time an American, by virtue of Republic Act (R.A.) No. 9225, who is authorized to administer an oath. The affiant must state in
otherwise known as the Citizenship Retention and Re-acquisition clear and unequivocal terms that he is renouncing all foreign
Act of 2003.5 He returned to the Philippines and resided in citizenship for it to be effective.
Barangay Bagacay. Thus, he said, he possessed all the
Rodriguez vs. COMELEC
qualifications to run for Barangay Chairman.
G.R. No. 120099. July 24, 1996
After the votes for Barangay Chairman were canvassed, Lopez

emerged as the winner. However, COMELEC issued the assailed
Facts: Eduardo T. Rodriguez and Bienvenido O. Marquez, Jr. were
Resolution granting the petition for disqualification on the ground
protagonists for the gubernatorial post of Quezon Province in the
that he was not able to regain his Filipino citizenship in the
May 1992 elections. Rodriguez won and was proclaimed duly-
manner provided by law. According to the poll body, to be able to
elected governor. Marquez challenged Rodriguez victory before
qualify as a candidate in the elections, petitioner should have
the COMELEC on the ground that Rodriguez left the United States
made a personal and sworn renunciation of any and all foreign
where a charge is pending against him before the Los Angeles
citizenship. This, petitioner failed to do. Lopez argues that his
Municipal Court for fraudulent insurance claims, grand theft and
filing of a certificate of candidacy operated as an effective
attempted grand theft of personal property. Rodriguez is
renunciation of foreign citizenship.
therefore a "fugitive from justice" which is a ground for his

disqualification/ineligibility under Section 40(e) of the Local
Issue: WON COMELEC committed no grave abuse of discretion in
Government Code (R.A. 7160). The COMELEC, however, dismissed
disqualifying Lopez as candidate for Chairman in the Barangay
Marquez petition and the subsequent motion for reconsideration
elections of 2007.
on the ground that Rodriguez left 5 months prior to the institution
Held: No. The Court held that the Lopez failed to comply with the of a criminal complaint against him.
requirements stated in R.A. No. 9225 which expressly provides
In the May 8, 1995 election, Rodriguez and Marquez renewed their
that should one seek elective public office, he should first "make a
rivalry for the same position of governor. This time, Marquez
personal and sworn renunciation of any and all foreign citizenship
challenged Rodriguez' candidacy via petition for disqualification
before any public officer authorized to administer an oath." While
before the COMELEC, based principally on the same allegation that
respondent was able to regain his Filipino Citizenship by virtue of
Rodriguez is a "fugitive from justice." The COMELEC found
the Dual Citizenship Law when he took his oath of allegiance
Rodriguez to be a fugitive from justice. The authenticated
before the Vice Consul of the Philippine Consulate Generals Office
documents submitted by Marquez to show the pendency of a
in Los Angeles, California, the same is not enough to allow him to
criminal complaint against the Rodriguez in the Municipal Court of
run for a public office.
Los Angeles, California, U.S.A., and the fact that there is an
The above-quoted provision of law mandates that a candidate with outstanding warrant against him amply proves Marquez
dual citizenship must make a personal and sworn renunciation of contention that the Rodriguez is a fugitive from justice. Thus, the
any and all foreign citizenship before any public officer authorized latter was ordered disqualified or ineligible from assuming and
to administer an oath. For the renunciation to be valid, it must be performing the functions of Governor of Quezon Province. At any
contained in an affidavit duly executed before an officer of law rate, Rodriguez again emerged as the victorious candidate in the
May 8, 1995 election for the position of governor. His of the Omnibus Election Code, and on the ground that he is a green
proclamation was, however, suspended then nuliified. card holder, hence, a permanent resident of the United States of
America, not of Bolinao. Miguel admitted that he holds a green
The Court ordered the COMELEC to designate e a Commissioner or card issued to him by the US Immigration Service, but he denied
a ranking official of the COMELEC to RECEIVE AND EVALUATE that he is a permanent resident of the United States. He allegedly
such legally admissible evidence in favor of Rodriguez which can obtained the green card for convenience in order that he may
tend to establish his contention that he does not fall within the freely enter the United States for his periodic medical examination
legal concept of a fugitive from justice. and to visit his children there. He alleged that he is a permanent
resident of Bolinao, Pangasinan, that he voted in all previous
The COMELEC complied therewith by filing before the Court a elections, including the plebiscite on 2 February 1987 for the
report entitled "EVIDENCE OF THE PARTIES and COMMISSION'S ratification of the 1987 Constitution, and the congressional
EVALUATION" wherein the COMELEC, after calibrating the parties' elections on 18 May 1987. The COMELEC with the exception of
evidence, declared that Rodriguez is NOT a "fugitive from justice" Commissioner Anacleto Badoy, Jr. held that the possession of a
as defined in the main opinion of the MARQUEZ Decision. In green card by Miguel does not sufficiently establish that he has
arriving at this new conclusion, the COMELEC opined that intent to abandoned his residence in the Philippines.
evade is a material element of the MARQUEZ Decision definition.
Such intent to evade is absent in Rodriguez' case because evidence Issue: WON a green card is proof that the holder is a permanent
has established that Rodriguez arrived in the Philippines long resident of the United States
before the criminal charge was instituted in the Los Angeles Court.
Held: Yes. The Court held that Miguels immigration to the United
Issue: WON Rodriguez was a fugitive from justice States in 1984 constituted an abandonment of his domicile and
residence in the Philippines. For he did not go to the United States
Held: No. The Court held that intent to evade on the part of a merely to visit his children or his doctor there; he entered the
candidate must therefore be established by proof that there has limited States with the intention to have there permanently as
already been a conviction or at least, a charge has already been evidenced by his application for an immigrants (not a visitors or
filed, at the time of flight. When, in good faith, a person leaves the tourists) visa. Based on that application of his, he was issued by
territory of a state not his own, homeward bound, and learns the U.S. Government the requisite green card or authority to reside
subsequently of charges filed against him while in the relative there permanently (See Question 21 of Miguels application). To be
peace and service of his own country, the fact that he does not qualified to run for elective office in the Philippines, the law
subject himself to the jurisdiction of the former state does not requires that the candidate who is a green card holder must have
qualify him outright as a fugitive from justice. waived his status as a permanent resident or immigrant of a
foreign country. Therefore, his act of filing a certificate of
Caasi vs. COMELEC candidacy for elective office in the Philippines, did not of itself
G.R. No. 88831 November 8, 1990 constitute a waiver of his status as a permanent resident or
immigrant of the United States. The waiver of his green card
Facts: Merito Miguel was sought to be disqualified for the position should be manifested by some act or acts independent of and done
of municipal mayor of Bolinao, Pangasinan, to which he was prior to filing his candidacy for elective office in this country.
elected in the local elections of 18 January 1988, under Section 68 Without such prior waiver, he was disqualified to run for any
elective office. Absent clear evidence that he made an irrevocable
waiver of that status or that he surrendered his green card to the
appropriate U.S. authorities before he ran for mayor of Bolinao in
the local elections on 18 January 1988, he was disqualified to run
for said public office, hence, his election thereto was null and void.