Marquez vs. COMELEC
Marquez vs. COMELEC
an undue circumscription of the law. Justice Davide agrees and further submits that
it also unreasonably expands the scope of the disqualication in the 1991 Local
Government Code because it disqualies all those who have been convicted by nal
judgment, regardless of the extent of the penalty imposed and of whether they
have served or are serving their sentences or have evaded service of sentence by
jumping bail or leaving for another country. The denition thus disregards the true
and accepted meaning of the word fugitive. This new denition is unwarranted for
nothing in the legislative debates has been shown to sustain it and the clear
language of the law leaves no room for a reexamination of the meaning of the
term.
2.
ID.; ID.; DISQUALIFICATIONS, JUSTIFIED. There are certain fundamental
considerations which do not support the application of the presumption of innocence
under the Bill of Rights which support disqualication. Firstly, Section 1, Article V of
the Constitution recognizes the authority of Congress to determine who are
disqualied from exercising the right of surage. Since the minimum requirement
of a candidate for a public oce is that he must be a qualied voter, it logically
follows that Congress has the plenary power to determine who are disqualied to
seek election for a public oce. Secondly, a public oce is a public trust. Section 1,
Article XI of the Constitution expressly so provides. A public oce is not property.
(ISAGANI A. CRUZ, Constitutional Law , 1993 ed., 101; JOAQUIN BERNAS, The
Constitution of the Republic of the Philippines, A Commentary , 1987 ed., 40, citing
Cornejo vs. Gabriel, 41 Phil. 188 [1920]). Accordingly, stricter qualications for
public oce may thus be required by law. Thirdly, the disqualication in question
does not, in reality, involve the issue of presumption of innocence. Elsewise stated,
one is not disqualied because he is presumed guilty by the ling of an information
or criminal complaint against him. He is disqualied because he is a "fugitive from
justice," i.e., he was not brought within the jurisdiction of the court because he had
successfully evaded arrest; or if he was brought within the jurisdiction of the court
and was tried and convicted, he has successfully evaded arrest; or if he was brought
within the jurisdiction of the court and was tried and convicted, he has successfully
evaded service of sentence because he had jumped bail or escaped. The
disqualication then is based on his ight from justice. In the face of the settled
doctrine that ight is an indication of guilt, it may even be truly said that it is not
the challenged disqualifying provision which overcomes the presumption of
innocence but rather the disqualied person himself who has proven his guilt.
Finally, Dumlao vs. COMELEC (95 SCRA 392 [1980]) cannot be invoked to case
doubt on the validity of the challenged disqualication. Dumlao struck out as
violative of the constitutional presumption of innocence that portion of the second
paragraph, Section 4 of B.P. Blg. 52 providing that "the ling of charges for the
commission of such crimes before a civil court or military tribunal after preliminary
investigation shall be prima facie evidence of such fact." It is clear that the law
challenged therein did in fact establish a presumption of guilt from the mere ling
of the information or criminal complaint, in violation of the constitutional right to
presumption of innocence.
DECISION
VITUG, J :
p
The Court is called upon, in this petition for certiorari, to resolve the
conicting claims of the parties on the meaning of the term "fugitive from
justice" as that phrase is so used under the provisions of Section 40(e) of the
Local Government Code (Republic Act No. 7160). That law states:
"Sec. 40.
Disqualifications . The following persons are disqualied from
running for any elective local position:
"xxx xxx xxx
"(e)
Fugitive from justice in criminal or non-political cases here or
abroad(.)"
no longer viable at this point of time and should be dismissed. The proper
remedy of the petitioner is to pursue the disqualication suit in a separate
proceeding.
llcd
...
"(b)
Fugitives from justice in criminal or non-political cases here
or abroad. Fugitive from justice refers to a person who has been
convicted by final judgment." 5 (Italics supplied)
Separate Opinions
DAVIDE, JR., J.:
Section 65 of the Omnibus Election Code (B.P. Blg. 881) states
that the qualications for elective provincial, city, municipal, and
barangay ocials shall be those provided for in the Local Government
Code. The quondam Local Government Code was B.P. Blg. 337, which
The term "fugitive from justice" refers not only to those who ee
after conviction to avoid punishment but also to those who, after being
charged, ee to avoid prosecution. In his ponencia, Mr. Justice Jose C.
Vitug nds the denition given to it by the Oversight Committee, i.e., "a
person who has been convicted by nal judgment," as appearing in
Article 73 of the Rules and Regulations Implementing the Local
Government Code of 1991, as inordinate and an undue circumscription
of the law. I agree.
But this is only one side of the coin. I further submit that it also
unreasonably expands the scope of the disqualication in the 1991
Local Government Code because it disqualies all those who have been
convicted by nal judgment, regardless of the extent of the penalty
imposed and of whether they have served or are serving their
sentences or have evaded service of sentence by jumping bail or
leaving for another country. The denition thus disregards the true and
accepted meaning of the word fugitive . This new denition is
unwarranted for nothing in the legislative debates has been shown to
sustain it and the clear language of the law leaves no room for a
reexamination of the meaning of the term.
I do not share the doubt of Mr. Justice Vitug on the
constitutionality of the disqualication based on the presumption of
innocence clause of the Bill of Rights. There are certain fundamental
considerations which do not support the application of the presumption.
LLpr
Rollo, p. 31.
Sec. 533.
Formulation of Implementing Rules and Regulations . (a)
Within one (1) month after the approval of this Code, the President
shall convene the Oversight Committee as herein provided for. The
said Committee shall formulate and issue the appropriate rules and
regulations necessary for the ecient and eective implementation of
any and all provisions of this Code, thereby ensuing compliance with
the principles of local autonomy as defined under the Constitution.
(b)
(2)
Three (3) members of the Senate to be appointed by the
President of the Senate, to include the Chairman of the Committee on
Local Government;
(3)
Three (3) members of the House of Representatives to be
appointed by the Speaker to include the Chairman of the Committee
on Local Government;
(4)
(ii)
Secretary of Finance;
(iii)
(5)
(ii)
(iii)
(iv)
(c)
The Committee shall submit its report and recommendation
to the President within two (2) months after its organization. If the
President fails to act within thirty (30) days from receipt thereof, the
recommendation of the Oversight Committee shall be deemed
approved. Thereafter, the Committee shall supervise the transfer of
such powers and functions mandated under this Code to the local
government units, together with the corresponding personnel,
properties, assets and liabilities of the oces or agencies concerned,
with the least possible disruptions to existing programs and projects.
The Committee shall likewise recommend the corresponding
appropriations necessary to effect the said transfer.
For this purpose, the services of a technical sta shall be enlisted
from among the qualied employees of the Congress, the government
offices, and the leagues constituting the Committee.
(d)
The funding requirements and the secretariat of the
Committee shall be provided by the Office of the Executive Secretary.
(e)
The sum of Five million pesos (P5,000,000.00), which shall be
charged against the Contingent Fund, is hereby allotted to the
Committee to fund the undertaking of an information campaign on this
Code. The Committee shall formulate the guidelines governing the
conduct of said campaign, and shall determine the national agencies or
offices to be involved for this purpose.
3.
4.
Rollo, p. 220.
5.
Art. 73, Rule XIV, Rules and Regulations Implementing the Local
Government Code of 1991.