Magno v. Commission on Elections
REITERATIONFacts
The Antecedents: Petitioner Nestor B. Magno was a candidate for mayoralty in San Isidro, Nueva Ecija for the May 14, 2001 elections. Private respondent filed a disqualification case against petitioner on March 21, 2001, citing petitioner's prior conviction by the Sandiganbayan for four counts of direct bribery, for which he was sentenced to an indeterminate penalty. Petitioner applied for and was granted probation, being discharged on March 5, 1998. Procedural History: The Commission on Elections (COMELEC) granted the disqualification petition on May 7, 2001, citing Section 12 of BP 881 (Omnibus Election Code), which imposes a five-year disqualification period after service of sentence for crimes involving moral turpitude. The COMELEC ruled that petitioner's disqualification would end on March 5, 2003. Petitioner's motion for reconsideration was denied by the COMELEC on May 12, 2001. The Petition: Petitioner filed a petition for certiorari seeking to annul the COMELEC resolutions. He argued that direct bribery is not a crime involving moral turpitude and that Section 40 of RA 7160 (Local Government Code of 1991) should apply, which provides a two-year disqualification period. Petitioner contended that his disqualification period expired on March 5, 2000, making him eligible to run in the 2001 elections. A supplemental petition was filed assailing the proclamation of Sonia Lorenzo as mayor, but the Court noted it. The Solicitor-General manifested agreement with petitioner's stance on the applicable law.
Issue(s)
Whether the crime of direct bribery involves moral turpitude. Whether the Omnibus Election Code (BP 881) or the Local Government Code (RA 7160) should apply in determining the disqualification period. Whether petitioner was disqualified from running for mayor in the May 14, 2001 elections.
Ruling
The petition is PARTIALLY GRANTED. The challenged resolutions of the Commission on Elections dated May 7, 2001 and May 12, 2001 are reversed and set aside. The prayer in the supplemental petition for petitioner's proclamation as the winner is denied for lack of jurisdiction.
Ratio Decidendi
On the issue of whether direct bribery involves moral turpitude: The Court held that direct bribery is a crime involving moral turpitude. It cited the definition of moral turpitude from Black's Law Dictionary as an act of baseness, vileness, or depravity contrary to accepted rules of right and duty between men or to society. The Court reasoned that the third element of direct bribery, which involves accepting a gift or promise in consideration of committing an unjust act or refraining from performing an official duty, demonstrates malicious intent and a betrayal of public trust. This conduct is contrary to justice, honesty, and good morals, thus inherently involving moral turpitude. On the issue of which law applies (Omnibus Election Code vs. Local Government Code): The Court ruled that the Local Government Code of 1991 (RA 7160) should apply, not the Omnibus Election Code (BP 881). The Court noted that RA 7160 was enacted later than BP 881, and in statutory construction, the later law prevails in case of irreconcilable conflict. Furthermore, Section 534(f) of RA 7160 expressly repeals or modifies inconsistent laws. The Court also cited David v. COMELEC, stating that RA 7160 is a special law specifically applicable to local government units and their elective positions, thus prevailing over the general provisions of BP 881 concerning disqualifications for any public office. The Court found the intent of the legislature to reduce the disqualification period for local candidates from five to two years to be evident. On the issue of whether petitioner was disqualified: Applying the two-year disqualification period under Section 40 of RA 7160, the Court found that petitioner's disqualification ceased on March 5, 2000, five years after his discharge from probation. Therefore, he was no longer disqualified when he ran for mayor in the May 14, 2001 elections. The Court reversed the COMELEC's decision to disqualify him based on the five-year period under BP 881.
Main Doctrine
The Local Government Code of 1991 (RA 7160), being the later enactment and a special law governing local elective positions, prevails over the Omnibus Election Code (BP 881) in cases of conflict regarding disqualifications of candidates for local positions. Consequently, the two-year disqualification period under Section 40 of RA 7160 applies instead of the five-year period under Section 12 of BP 881.