acts: It is averred that at the time respondent

Rodriguez filed his certificate of candidacy, a criminal

charge against him for ten counts of insurance fraud
or grand theft of personal property was still pending
before the Municipal Court of Los Angeles, USA. A
warrant issued by said court for his arrest, it is
claimed, has yet to be served on private respondent
on account of his alleged flight from that country.
Before the May 1992 elections, a petition for
cancellation of respondents certificate of candidacy
on the ground of the candidates 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 nonpolitical cases here or abroad.] was filed by petitioner,
but COMELEC dismissed the petition. Private
respondent was proclaimed Governor-elect of
Quezon.
Petitioner
instituted
quo
warranto
proceedings against private respondent before the
COMELEC but the latter dismissed the petition.
Issue: Whether private respondent, who at the time of
the filing of his certificate of candidacy is said to be
facing a criminal charge before a foreign court and
evading a warrant of arrest comes within the term
fugitive from justice.
Held: The Supreme Court ruled that Article 73 of the
Rules and Regulations implementing the Local
Government Code of 1991 provides:

Article 73. Disqualifications The following persons

shall be disqualified from running for any elective local
position:
xxxx(e) Fugitives from justice in criminal or nonpolitical cases here or abroad. Fugitive from justice
refers to a person who has been convicted by final
judgment.
It is clear from this provision that fugitives from justice
refer only to persons who has been convicted by final
judgment. However, COMELEC did not make any
definite finding on whether or not private respondent
is a fugitive from justice when it outrightly denied the
petition for quo warranto. The Court opted to remand
the case to COMELEC to resolve and proceed with
the case.
The Oversight Committee evidently entertained
serious apprehensions on the possible constitutional
infirmity of Section 40(e) of RA 7160 if the
disqualification therein meant were to be so taken as
to embrace those who merely were facing criminal
charges. A similar concern was expressed by Senator
R. A. V. Saguisag who, during the bicameral
conference committee of the Senate and the House of
Representatives, made this reservation: de ipa-refine
lang natin 'yung language especially 'yung, the scope
of fugitive. Medyo bothered ako doon, a.

The Oversight Committee finally came out with Article

73 of the Rules and Regulations Implementing the
Local Government Code of 1991. It provided:
Art. 73. Disqualifications. The following persons shall
be disqualified from running for any elective local
position: (e) Fugitives from justice in criminal or nonpolitical cases here or abroad. Fugitive from justice
refers to a person who has been 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.
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
proclamation. Rodriguez filed a petition for certiorari.

the

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. N