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- My name is Urbano Moreno and I am running as the Chairman of Brgy. Cabugao, Daram, Samar for the barangay elections on July 12, 2002.
- That can't be. I, Norma Mejes, filed a petitiion to disqualify you because you are convicted by final judgment of Arbitrary Detention.
- I was already granted probation on Dec. 18, 2000 and under the Probation Law of 1976, all my civil rights, including my right to be voted, were already restored.
- You were sentenced to imprisonment of 4 months and 1 day to 2 years and 4 months by RTC Catbalogan in 1998.
- 1ST DIVISION: Mr. Urbano Moreno shall be disqualified.COMELEC EN BANC:The Resolution of the 1st Division is affirmed.Sec 40(a) of the Local Government Code (LGC) provides that those sentenced by final judgment of an offense punishable by imprisonment by one year or more, within 2 years after serving sentence, are disqualified from running in any elocal election.Probation merely suspended the execution of Moreno's sentence but did not affect his disqualification.
- COMELEC
- The disqualification under the LGC applies only to those who have served their sentence and not to probationers.
- The Probation Law is an exception to the LGC because it is a special law which applies only to probationers.
- COMELEC
- You are also right in your contention that the Probation Law should be construed as an exception to LGC. Sec 40(a) of LGC does not specifically disqualify probationers from running for a local elective office. It is a general law while Probation Law is a special legislation which applies only to probationers.
- SUPREME COURT
- Thank you, your Honor.
- Wherefore, your petition is granted. The Resolutions of COMELEC 1st Division and En Banc are annulled and set aside.
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