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)
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