Digest Author: Paolo Go

Labo, Jr. vs. Commission on Elections Petition: To review the decision of the Commission on Elections Petitioner: Ramon L. Labo, Jr Respondent: Comelec en banc and Luis Lardizabal Ponente: J. Cruz Date: Aug 1, 1989 Facts: This is a petition to review the decision of COMELEC. Jan 20, 1988- Labo was proclaimed mayor-elect of Baguio city. Jan 26, 1988- Petition for quo warranto(A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged) was filed by Luis Lardizabal. Feb 10, 1988- 21 days after Labos proclamation the P300 filing fee for the petition was paid. Labo claims that the late payment of the filing fee (21 days after his proclamation) makes the petition beyond the ten days provided by Sec. 253 of the Omnibus Election Code. Saying that the payment of filing fee was essential to the timeliness of the petition citing Rule 36, Section 5, of the Procedural Rules of the COMELEC. Luis responded by saying it was filed ahead of time.(When he filed his petition, Comelec treated it as a pre-proclamation controversy) Only during Feb 8, 1988 that Comelec decided to treat his petition as solely for quo warranto, serving him notice on Feb 10 for payment which he paid on the same day. Luis also argues further that during the period when Comelec regarded his petition as a preproclamation controversy, the time for filing an election protest was deemed suspended under Sec. 248 of Omnibus Election code. Luis says that Rule 36, Sec5 of Comelec rules cited by Labo only became effective during Nov 15, 1988 thus these rules could not retroact to Jan 28, 1988 when his petition was filed. Labo then argued that even if the Omnibus Election Code did not require it, the payment was still needed under Res. #1996 & before that, Res. #1450 of Comelec, promulgated during Jan 12, 1988 and Feb 26, 1980 respectively. Luis then says that the latter resolution was intended for local elections held on Jan 30, 1980 and did not apply to the 1988 elections and Res. #1996 took effect only on March 3, 1988. Pertinent laws/provisions: SEC. 253. Omnibus Election Code, Petition for quo warranto. Any voter contesting the election of a Member of the Batasang Pambansa, regional, provincial, or city officer on the ground of ineligibility or of disloyalty to the Republic of the Philippines shall file a sworn petition for quo warranto with the Commission within ten days after the proclamation of the result of the election. Rule 36, Section 5, of the Procedural Rules of the COMELEC. -No petition for quo warranto shall be given due course without the payment of a filing fee in the amount of Three Hundred Pesos (P300.00) and the legal research fee as required by law. PD No. 725 - (2) natural-born Filipinos who have lost their Philippine citizenship may reacquire Philippine citizenship through repatriation by applying with the Special Committee on Naturalization created by Letter of Instruction No. 270, and, if their applications are approved, taking the necessary oath of allegiance to the Republic of the Philippines, after which they shall be deemed to have reacquired Philippine citizenship. The Commission on Immigration and Deportation shall thereupon cancel their certificate of registration. Section 42 of the Local Government Code - Qualifications. An elective local official must be a citizen of the Philippines, at least twenty-three years of age on election day, a qualified voter

Digest Author: Paolo Go

registered as such in the barangay, municipality, city or province where he proposes to be elected, a resident therein for at least one year at the time of the filing of his certificate of candidacy, and able to read and write English, Filipino, or any other local language or dialect. Sec.30 RA No. 6646 - Effectivity of Regulations and Orders of the Commission. The rules and regulations promulgated by the Commission shall take effect on the seventh day after their publication in the Official Gazette or in at least (2) daily newspapers of general circulation in the Philippines.

Issues: 1. WON petition for quo warranto was filed on time. 2. WON petitioner is a Fil. Citizen. Ruling: 1. Yes, it was filed on time. 2. NO, he is not a Filipino Citizen WHEREFORE, petitioner Ramon J. Labo, Jr. is hereby declared NOT a citizen of the Philippines and therefore DISQUALIFIED from continuing to serve as Mayor of Baguio City. He is ordered to VACATE his office and surrender the same to the Vice-Mayor of Baguio City, once this decision becomes final and executory. The temporary restraining order dated January 31, 1989, is LIFTED. Ratio Decidendi: 1. -The fee was paid during the 10 day period as extended by COMELEC as treating it as a preproclamation proceeding. -The said resolutions that Labo used as arguments took effect after the payment of the fee. (Remember Tanada vs Tuvera) Res. No. 1996 took effect only on March 3, 1988, following the lapse of seven days after its publication as required by RA No. 6646, otherwise known as the Electoral Reform Law of 1987, which became effective on January 5, 1988. -Petitioner is also minimizing his alleged lack of citizenship as a futile technicality. 2. He married an Australian and complied with the requirements in where Fil. Citizenship may be lost: A) Naturalization in a foreign country B) Subscribing to an oath of allegiance to support the Constitution or laws of a foreign country C) Subscribing to an oath of allegiance to support the Constitution or laws of a foreign country Additional Comments by court: He did not win overwhelmingly. (2100 votes only) Regarding who would be the new mayor: -The petitioner(Luis Lardizabal) cannot be the new mayor as he was obviously not the first choice of the people. Opinions: Concurring: Gutierrez o What was raised to the court was only the issue of Comelecs jurisdiction to inquire into the citizenship of the petitioner. o Court should have limited themselves to sustaining the jurisdiction of Comelec & remand the case for further proceedings o His citizenship was not elevated for review. o He said the court must take a pragmatic approach as there is no other way this case can be resolved. Principles: Citizenship