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Marquez v.

COMELEC
April 8, 1995; G.R. No. 112889
Ponente: Vitug, J.

Facts:

The petitioner, Bienvenido Marquez, is a defeated candidate for the elective position in the Province of
Quezon in the May 11, 1992 elections. Before the elections, the petitioner filed a petition for
cancellation against the private respondent, Eduardo Rodriguez, before the COMELEC. The petition
was raised based on the allegation that the candidacy of Rodriguez should be denied as it is in violation
of Section 40 (e) of the Local Government Code which states that:
Sec. 40. Disqualifications. The following persons are disqualified from running for any elective local position:
xxx xxx xxx
(e) Fugitive from justice in criminal or non-political cases here or abroad(.)

It is raised that at the time Rodriguez filed his CoC, a criminal charge against him for insurance fraud or
grand theft of personal property was pending before the Municipal Court of Los Angeles, California,
USA. The COMELEC dismissed the petition. On May 29, 1992, Rodriguez was proclaimed Governor-
elect of Quezon. Marquez then instituted quo warranto proceedings against Rodriguez but was also
denied by the COMELEC. Hence, the filing of petition for certiorari in this case.

Issue:

Whether or not Rodriguez should be disqualified from holding an elective local office for facing a
criminal charge before a foreign court and evading a warrant for his arrest making him a “fugitive from
justice” as it is in violation of Section 40(e) of RA 7160.

Held:

Yes. While the Court agrees with the private respondent that construction placed upon law by officials
in charge of its enforcement should be given with great and considerable weight, it however ruled that
when there clearly is no obscurity and ambiguity in an enabling law, it must merely be made to apply as
it is so written. An administrative rule or regulation can neither expand nor constrict the law but must
remain congruent to it. Section 40(e) of Republic Act No. 7160, is rather clear and it disqualifies a
"fugitive from justice" which includes not only those who flee after conviction to avoid punishment but
likewise those who, after being charged flee to avoid prosecution.

Therefore, Article 73 of the Rules and Regulations Implementing the Local Government Code of 1991,
to the extent that it confines the term "fugitive from justice" to refer only to a person "who has been
convicted by final judgment." is an inordinate and undue circumscription of the law.

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