LABO v COMELEC

fACTS:
Ramon Labo, Jr was elected as Mayor of Baguio City in 1988 which in turn, gave h
is rival, Luis Lardizabal, an oppurtunity to file for a "quo warranto" against
Labo. It was stated and motioned by Lardizabal that Labo was not "fit" or "quali
fied" for his position due to his citizenship. Lardizabal stated that, Labo shou
ld be denounced as Mayor of Baguio
for he is an Australian Citezen due to his marriage with his "former wife". Labo
argues that although he married an Australian, it did not however revoke his Fi
lipino Citizenship and that it could have made him a "dual-citizen".
Also, labo mentions that due to the marriage being voided, his "Australian Natio
nality" was also voided.
Issue/s:
-Wether or not Labo can retain his position inline of his citizenship
-Wether or not Lardizabal can claim mayorship of Baguio City
Held:
(1)NO- He was naturalized as an australian in 1976 and that it was decided that
it wasn't his marriage that made so. By taking an oath of allegiance to the Gove
rnment of Australian, his Filipino Citizenship was therefor revoked by that act.
He did not dispute that he needed an Australian Passport to return to the Philip
pines in 1980 and was therefor listed as an immegrant. Also, it was decided that
he could not have been of "dual-citizen" due to the fact that ,by swearing alle
giance to another state,
his citezenship as Filipino was denounced. He could also not claim that when he
lost his Australian Citezeship, he became a Filipino again because for he to gai
n that privelage back, he must be naturalized or repatriated back.
The probability that many of those who voted for the petitioner may have done so
in the belief that he was qualified only strengthens the conclusion that the re
sults of the election cannot nullify the qualifications for the office now held
by him. These qualifications are continuing requirements; once any of them is lo
st during incumbency,
title to the office itself is deemed forfeited. In the case at bar, the citizens
hip and voting requirements were not subsequently lost but were not possessed at
all in the first place on the day of the election. The petitioner was disqualif
ied from running as mayor and, although elected, is not now qualified to serve a
s such
(2)No- Although Labo was disqualified, Lardizabal could not be declared as the n
ew mayor for it was decided that, he was able to garner the 2nd highest vote but
was clearly not the choice of the community(Baguio). It would be extremely repu
gnant to the basic concept of the constitutionally guaranteed right to suffrage
if a candidate who has not acquared the majority or plurality
of votes is proclaimed as winner, the majority of which have positively declared
through their ballots that they do not choose him.
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 Bag
uio City.
He is ordered to VACATE his office and surrender the same to the Vice-Mayor of B
aguio City, once this decision becomes final and executory. The temporary restra
ining order dated January 31, 1989, is LIFTED.