63.

G.R. No. 121592 July 5, 1996

ROLANDO P. DELA TORRE, petitioner, 

vs.
COMMISSION ON ELECTIONS and MARCIAL VILLANUEVA, respondents

Rolando P. Dela Torre via the instant petition for certiorari seeks the nullification of two resolutions
issued by the Commission on Elections (COMELEC) allegedly with grave abuse of discretion
amounting to lack of jurisdiction in SPA No. 95-047, a case for disqualification filed against petitioner
before the COMELEC. Petitioner Rolando P. Dela Torre was disqualified by the Commission on
Elections from running for the position of Mayor of Cavinti, Laguna in the May 8, 1995 elections. The
ground cited by the COMELEC was Section 40(a) of the Local Government Code of 1991. Said
section provides that those sentenced by final judgement for an offense involving moral turpitude or
for an offense punishable by one (1) year or more imprisonment within two (2) years after serving
sentence are disqualified from running for any elective local position. It was established by the
COMELEC that the petitioner was found guilty by the Municipal Trial Court for violation of the Anti-
Fencing Law. It was contended by the petitioner that Section 40(a) is not applicable to him because
he was granted probation by the MTC. 

Issues: 
1. Whether or not the crime of fencing involves moral turpitude.
2. Whether or not a grant of probation affects Section 40(a)’s applicability. 

Ruling
1. The Supreme Court held that actual knowledge by the “fence” of the fact that property received
is stolen displays the same degree of malicious deprivation of one’s rightful property as that
which animated the robbery or theft which, by their very nature, are crimes of moral turpitude.
2. Anent the second issue, suffice it to say that the legal effect of probation is only to suspend
the execution of the sentence. Petitioner’s conviction of fencing which already declared as a
crime of moral turpitude and thus falling squarely under the disqualification found in Section
40(a), subsists and remains totally unaffected notwithstanding the grant of probation.

ACCORDINGLY, the instant petition for certiorari is hereby DISMISSED and the assailed resolutions
of the COMELEC dated May 6, 1995 and August 28, 1995 are AFFIRMED.