Facts:

In 1992, petitioner Rodriguez and respondent Marquez ran for Governor of Quezon
Province. Rodriguez won. Marquez challenged Rodriguez� victory via a Quo Warranto
on the ground that there is a charge pending against him at the Los Angeles
Municipal Court for fraudulent insurance claims, grand theft, etc. Thus, he is a
fugitive from justice.

COMELEC dismissed the case. Upon certiorari to the Supreme Court, it was held
that: Fugitive from justice includes not only those who flee after conviction
to avoid punishment, but also those who after being charged, flee to avoid
prosecution. The case was remanded to the COMELEC to determine WON Rodriguez is a
fugitive from justice.

In 1995, Rodriguez and Marquez again ran for Governor. Marquez filed a Petition for
Disqualification against Rodriquez on the same ground that he is a fugitive from
justice. COMELEC then consolidated both cases and found Rodriguez guilty based on
the authenticated copy of the warrant of arrest at LA Court and of the felony
complaint.

Rodriguez won again, and despite a Motion to suspend his proclamation, the
Provincial Board of Canvassers proclaimed him.

Upon motion of Marquez, the COMELEC nullified the proclamation. Rodriguez filed a
petition for certiorari.

Issue:

Is Rodriguez a fugitive from justice as defined by the Court in the MARQUEZ

Decision?

Held:

No. A fugitive from justice is defined as �not only those who flee after conviction
to avoid punishment but likewise who, after being charged, flee to avoid
prosecution.� This indicates that the intent to evade is the compelling factor that
makes a person leave a particular jurisdiction, and there can only be intent to
evade prosecution or punishment when the fleeing person knows of an already
instituted indictment, or of a promulgated judgment of conviction. Intent to evade
on the part of a candidate must therefore be established by proof that there has
already been a conviction or at least, a charge has already been filed, at the time
of flight. This cannot be applied in the case of Rodriguez. Rodriguez arrived in
the Philippines on June 25, 1985, five months before the filing of the felony
complaint in the Los Angeles Court on November 12, 1985 and of the issuance of the
arrest warrant by that same foreign court. It was clearly impossible for Rodriguez
to have known about such felony complaint and arrest warrant at the time he left
the US, as there was in fact no complaint and arrest warrant � much less conviction
� to speak of yet at such time.

Not being a "fugitive from justice" under this definition, Rodriguez cannot be
denied the Quezon Province gubernatorial post. (G.R. No. 120099. July 24, 1996)