G.R. No. 212615 and G.R. No. 212989 EN BANC July 19, 2016
LEODEGARIO A. LABAO, JR., Petitioner, vs. COMMISSION ON ELECTIONS and LUDOVICO L. MARTELINO, JR., Respondents. SHARON GRACE MARTINEZ-MARTELINO, Petitioner, vs. COMMISSION ON ELECTIONS AND VICE MAYOR JOSE O. ALBA, JR., Respondents.

FACTS

Leodegario A. Labao, Jr. was a candidate for Mayor of Mambusao, Capiz in the May 2013 elections. Prior to the elections, an Information for Murder was filed against him on April 10, 2013, in connection with the killing of the incumbent Vice-Mayor, and a warrant for his arrest was issued. Ludovico L. Martelino, Jr. filed a petition for Labao’s disqualification before the COMELEC, alleging Labao was a “fugitive from justice” under Section 40(e) of the Local Government Code. Labao countered that he was not a fugitive, explaining he was hospitalized when police attempted to serve the warrant and left only out of fear for his life upon hearing a “shoot to kill” order. He further argued he intended to submit to the court’s jurisdiction but was thwarted by the presiding judge’s inhibition. Labao won the election and was proclaimed mayor.
The COMELEC First Division disqualified Labao, finding him a fugitive from justice. The COMELEC En Banc affirmed this, nullified his proclamation, and ordered succession under Section 44 of the Local Government Code, which would make the Vice-Mayor, Jose O. Alba, Jr., the successor. Sharon Grace Martinez-Martelino, the candidate who received the second-highest number of votes, filed a separate petition arguing she should be proclaimed mayor instead of applying the rules of succession.

ISSUE

The primary issue is whether Labao was validly disqualified as a “fugitive from justice.” A corollary issue is the legal effect of such disqualification on the succession for the office of Mayor.

RULING

The Supreme Court GRANTED Labao’s petition, REVERSED the COMELEC resolutions, and DISMISSED Martinez-Martelino’s petition as moot. The Court held that Labao was not a fugitive from justice. The legal concept of a “fugitive from justice” requires a person to be fleeing from a lawful arrest to avoid prosecution or punishment. The Court found Labao’s explanation for leaving the hospital credible and not indicative of an intent to evade the law. His subsequent voluntary surrender to the court on June 17, 2013, before the COMELEC’s ruling, demonstrated his willingness to submit to legal processes and negated the finding of being a fugitive. The Court emphasized that disqualification cases require strict proof, and the evidence did not conclusively establish the element of flight to avoid arrest.
Consequently, since Labao was not disqualified, his valid proclamation as the elected mayor stands. The corollary issue regarding succession became moot. The Court clarified that the rule on succession under Section 44 of the Local Government Code applies only when a permanent vacancy occurs in an office. No such vacancy existed because Labao’s disqualification was invalid. The doctrine that the second-placer cannot assume office when the winner is disqualified was not applicable, as the winner was ultimately qualified.