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LABO VS.

COMELEC

PAPER # 1

FACTS: The petitioner asks this court to restrain the COMELEC from looking into

the question of his citizenship for his office as Mayor of Baguio City.

In the January 20, 1988 elections, Ramon J. Labo, Jr. was proclaimed as the

new elected Mayor of Baguio City. Six days later, Luis Lardizabal, the private

respondent, filed a petition for quo warranto which according to the petitioner may

not be valid because the filing fee was not paid yet. While the petition for quo

warranto was being argued, the question of the petitioner's citizenship was brought

about. Through the records from the Australian Embassy, it was found that the

petitioner - who had married an Australian citizen, acquired an Australian passport

with the Consular ID - returned in the Philippines in 1980 for the reason that his

marriage became void because of bigamy. It was also stated that he was granted

Australian citizenship in 1976. There was also an Oath of Allegiance taken by

petitioner which renunciation of other allegiance is included.

ISSUE/S:

1. Whether or not the COMELEC has jurisdiction to conduct any inquiry about

Ramon J. Labo, Jr. as the newly elected Mayor of Baguio, considering that

the petition for quo warranto against him was not filed on time.
2. Whether or not Ramon J. Labo is a Filipino citizen.

3. Whether or not petitioner can hold office in the Philippines.

4. Whether or not Luis Lardizabal, who filed the petition for quo warranto, can

replace the petitioner Ramon J. Labo, Jr. as Mayor of Baguio City.

HELD: 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 Baguio City. He is ORDERED to vacate his office and surrender the

same to the Vice-Mayor of Baguio City once this decision becomes final and

executor. The temporary restraining order dated January 31, 1989, is lifted.

1. Yes, COMELEC has jurisdiction regarding the petition of quo warranto

being filed against the petitioner was paid on time. It is contrary to the

petitioner’s claim that the court may allow the payment of the said fee

within a reasonable time. Lardizabal was able to pay the said fee within

the required 10-day period.

2. Ramon J. Labo, Jr. is not a Filipino citizen anymore because of the

following requisites based on the Constitution: a.) He is already a

naturalized citizen in a foreign country; b) He renounced his Filipino

citizenship by c) taking and pledging to the oath of allegiance of the foreign

country promising to faithfully observe the laws and fulfill the duties of an

Australian citizen. He also did not make a move in reacquiring his Filipino
citizenship by doing the following modes of action: a) reacquiring by direct

act of Congress; b) by naturalization; and c) by repatriation.

3. No. He cannot hold office in the Philippines because of non-compliance to

Local Government Code Section 42 ( Qualifications about holding a public

office). A foreigner is not entitled to hold public office in the Philippines.

4. The private respondent is not applicable to replace Ramon J. Labo Jr., as

the mayor because the person who is fit to the position is the elected Vice

Mayor.

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