NESTOR B. MAGNO, petitioner, vs. COMMISSION ON ELECTIONS and CARLOS C. MONTES, respondents.
FACTS
Petitioner Nestor B. Magno was a mayoralty candidate of San Isidro, Nueva Ecija in the May 14, 2001 elections. Private respondent Carlos C. Montes filed a petition for Magno’s disqualification on March 21, 2001, on the ground that Magno had been previously convicted by the Sandiganbayan of four counts of direct bribery under Article 210 of the Revised Penal Code. On July 25, 1995, Magno was sentenced to suffer an indeterminate penalty for each count. He applied for and was granted probation, and was discharged from probation on March 5, 1998. The Commission on Elections (COMELEC), in a resolution dated May 7, 2001, granted the disqualification petition, citing Section 12 of the Omnibus Election Code (BP 881), which imposes a five-year disqualification period from service of sentence for crimes involving moral turpitude. The COMELEC computed that the disqualification would end on March 5, 2003, thus barring Magno from the 2001 elections. Magno’s motion for reconsideration was denied on May 12, 2001. Magno filed this petition for certiorari, arguing that direct bribery is not a crime involving moral turpitude and that the applicable law is Section 40 of the Local Government Code (RA 7160), which imposes only a two-year disqualification period after service of sentence. He contended that under the Local Government Code, his disqualification ended on March 5, 2000, making him eligible for the 2001 elections. Meanwhile, Sonia Lorenzo was proclaimed the elected mayor. Magno filed a supplemental petition assailing her proclamation and asking to be declared the duly elected mayor.
ISSUE
The main issue is whether or not petitioner Nestor B. Magno was disqualified to run for mayor in the 2001 elections. This involves two sub-issues: (1) whether the crime of direct bribery involves moral turpitude, and (2) whether Section 12 of the Omnibus Election Code (BP 881) or Section 40 of the Local Government Code (RA 7160) governs the disqualification period.
RULING
The Supreme Court PARTIALLY GRANTED the petition. It reversed and set aside the COMELEC resolutions dated May 7, 2001 and May 12, 2001, ruling that Magno was not disqualified from running in the 2001 elections. However, the Court denied his supplemental prayer to be proclaimed the winner.
On the first sub-issue, the Court ruled that direct bribery is a crime involving moral turpitude. Moral turpitude is defined as “an act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and woman or conduct contrary to justice, honesty, modesty, or good morals.” The Court examined the elements of direct bribery, particularly the third element where the public officer accepts a gift or promise with a view to committing an unjust act or refraining from an official duty. This denotes a malicious intent to betray public trust and renege on duties to society, which is conduct contrary to justice, honesty, and good morals.
On the second sub-issue, the Court ruled that Section 40 of the Local Government Code (RA 7160) applies, not Section 12 of the Omnibus Election Code (BP 881). The Omnibus Election Code was approved in 1985, while the Local Government Code took effect in 1992. In case of an irreconcilable conflict, the later enactment prevails as the more recent expression of legislative will. Furthermore, Section 534(f) of the Local Government Code repeals all inconsistent laws. The Court also held that Section 40 of the Local Government Code is a special law governing disqualifications of candidates for local elective positions, while Section 12 of the Omnibus Election Code is a general law for all public offices. The special law prevails. The manifest legislative intent was to reduce the disqualification period for local candidates from five years to two years. Since Magno completed his sentence on March 5, 1998, his two-year disqualification under the Local Government Code ended on March 5, 2000. Thus, he was no longer disqualified when he ran in the May 14, 2001 elections.
The Court, however, declined to rule on the validity of Sonia Lorenzo’s proclamation or to declare Magno the rightful winner, as the proper remedy for such questions would have been a timely election protest, not a petition for certiorari.
