EDUARDO T. RODRIGUEZ vs. COMELEC, BIENVENIDO O. MARQUEZ, JR.
G.R. No. 120099 July 24, 1996
Facts:
Petitioner Eduardo T. Rodriguez and private respondent Bienvenido O. Marquez Jr. (Rodriguez and Marquez, for brevity) were
protagonists for the gubernatorial post of Quezon Province in the May 1992 elections. Rodriguez won and was proclaimed duly-
elected governor.
Marquez challenged Rodriguez' victory via petition for quo warranto before the COMELEC, alleging that the latter has a pending case
in LA, hence, a fugitive from justice and thus disqualified for the elective position.
Marquez Decision: "fugitive from justice" includes not only those who flee after conviction to avoid punishment but likewise those
who, after being charged, flee to avoid prosecution. This definition truly finds support from jurisprudence (. . .), and it may be so
conceded as expressing the general and ordinary connotation of the term
In previous case, Whether or not Rodriguez is a "fugitive from justice" under the definition thus given was not passed upon by the
Court. That task was to devolve on the COMELEC upon remand of the case to it, with the directive to proceed therewith with
dispatch conformably with the MARQUEZ Decision.
Rodriguez and Marquez renewed their rivalry for the same position of governor. This time, Marquez challenged Rodriguez'
candidacy via petition for disqualification before the COMELEC, based principally on the same allegation that Rodriguez is a "fugitive
from justice."
The COMELEC, allegedly having kept in mind the MARQUEZ Decision definition of "fugitive from justice", found Rodriguez to be one.
At any rate, Rodriguez again emerge as the victorious candidate in the May 8, 1995 election for the position of governor.
Marquez filed urgent motions to suspend Rodriguez' proclamation which the COMELEC granted
Issue: Whether petitioner is disqualified to the elective position
Held: No
The definition thus indicates that the intent to evade is the compelling factor that animates one's flight from a particular jurisdiction.
And obviously, there can only be an intent to evade prosecution or punishment when there is knowledge by the fleeing subject of an
already instituted indictment, or of a promulgated judgment of conviction.
o There is no dispute that his arrival in the Philippines from the US, as per certifications issued by the Bureau of
Immigrations, preceded the filing of the felony complaint in the Los Angeles Court
To elaborate, the same parties (Rodriguez and Marquez) and issue (whether or not Rodriguez is a "fugitive from justice") are
involved in the MARQUEZ Decision and the instant petition. The MARQUEZ Decision was an appeal (the Marquez' quo warranto
petition before the COMELEC). The instant petition is also an appeal although the COMELEC resolved the latter jointly (Marquez'
petition for the disqualification of Rodriguez). Therefore, what was irrevocably established as the controlling legal rule in the
MARQUEZ Decision must govern the instant petition. And we specifically refer to the concept of "fugitive from justice" as defined in
the main opinion in the MARQUEZ Decision which highlights the significance of an intent to evade but which Marquez and the
COMELEC, with their proposed expanded definition, seem to trivialize.
To re-define "fugitive from justice" would only foment instability in our jurisprudence when hardly has the ink dried in the MARQUEZ
Decision.
To summarize, the term "fugitive from justice" as a ground for the disqualification or ineligibility of a person seeking to run for any
elective local petition under Section 40(e) of the Local Government Code, should be understood according to the definition given in
the MARQUEZ Decision
o A "fugitive from justice" includes not only those who flee after conviction to avoid punishment but likewise those who,
after being charged, flee to avoid prosecution. (Emphasis ours.)
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.
o Not being a "fugitive from justice" under this definition, Rodriguez cannot be denied the Quezon Province gubernatorial
post.
