Case Bits: Local Government Code
ELECTIVE OFFICIALS Fugitive from Justice 1. Marquez, Bienvenido v. COMELEC, G.R. No. 112889, April 18, 1995 Bienvenido Marquez, Jr., a defeated gubernatorial candidate for Quezon Province, filed a quo warranto petition against Eduardo T. Rodriguez , the winning candidate. Alleging: Rodriguez was disqualified under Section 40(e) of the Local Government Code as a "fugitive from justice" due to pending criminal charges in the United States. The Supreme Court remanded the case to COMELEC for further proceedings to determine if Rodriguez qualified as a "fugitive from justice." The term is not limited to those convicted by final judgment. A "fugitive from justice" as including not only those who flee after conviction to avoid punishment but also those who, after being charged, flee to avoid prosecution . When a law is clear and unambiguous, it should be applied as written. Administrative regulations must align with and not expand or restrict the law's pro...