marquez vs. comelec

Marquez v COMELEC

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 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.

Issues:

WON Rodriguez, at the time of filing his certificate of candidacy, is said to be a fugitive from justice as provided for in section 40 of the Local Government Code.

Held:

“Fugitive from justice” does not mean a person convicted by final judgment. It includes those who after being charged flee to avoid prosecution. The COMELEC is directed to proceed and settle the case in conformity of the given clarification with the term “fugitive from justice”.

fr. atty nas^^