Frivaldo v.

COMELEC
FACTS:
1. Juan G. Frivaldo filed his Certificate of Candidacy for elections on May 8, 1995.
2. Raul Lee prayed that he be disqualified from seeking or holding any public office by reason
of not yet being a Filipino citizen.
3. COMELEC granted Lees petition and declared Frivaldo disqualified to run for governor of
Sorsogon for not being a citizen of the Philippines, cancelling his certificate of candidacy.
4. Frivaldos candidacy continued and he was voted for during the elections on held date, in
which he won (May 11, 1995).
5. Lee petitioned praying for his proclamation as the duly-elected Governor of Sorsogon.
6. On, June 21, 1995, COMELEC directed Provincial Board of Canvassers of Sorsogon to
proclaim Lee to have won.
7. Frivaldo filed with COMELEC the annulment of such and that he be proclaimed as the
governor on the following grounds:
a. He took his oath of allegiance as a Filipino citizen on June 30, 1995, after his petition
for repatriation under PD 75 which was granted by Special Committee on
Naturalization in Sept. 1994.
b. On June 30, Frivaldo took his oath of allegiance under PD 725 and there was no
more legal impediment to the proclamation of him as governor.
c. As an alternative. He averred that pursuant to Labo v. COMELEC, the Vice Governor,
not Lee, should occupy said position of governor.
8. COMELEC promulgated Frivaldo as governor of Sorsogon.
9. Lee filed motion for reconsideration. Denied by COMELEC. Lee filed petition before the SC,
praying for a TRO.
ISSUE/s:
1. WON the repatriation of Frivaldo was valid and legal.
2. WON judicially declared disqualification for lack of Filipino citizenship is a continuing bar
to his eligibility to run for, be elected to or hold the position.
HELD:
The citizenship requirement under the LGC is to be possessed by an elective official at the
latest of the time he is proclaimed and at the start of the term of office to which he has been
elected. Frivaldos repatriation have been properly granted and thus valid and effective.
Moreover, by reason of the (1) remedial or curative nature of the law (PD 725) granting him a
new right to resume his political status and the (2) legislative intent behind it, as well as his (3)
unique situation of having been forced to give up his citizenship and political aspiration as his
means of escaping the Martial Law administration, his repatriation is to be given retroactive
effect as of the date of his application, during the pendency of which he was stateless, he having
given up his US nationality. Thus, in contemplation of law, he possessed the vital requirement of
Filipino citizenship as of the start of the term of office of governor, and should have been
proclaimed instead of Lee. Moreover, his registration as a voter of Sorsogon is deemed to have
been validated as of the said date.
Lack of citizenship requirement is not a continuing disability or disqualification to run for
and hold public office. SC emphasizes in its previous rulings of the COMELECs authority and
jurisdiction to hear and decide petitions for annulment of proclamations. The Court has time and
again liberally and equitably construed electoral laws to give effect to the manifest of the people.
Therefore, the Court must exert utmost effort to resolve the issed in a manner that would give
effect to the will of majority. In which case, the Court deems is appropriate to give Frivaldos
repatriation a curative and retroactive effect and a liberal interpretation of law which can be
applied in his favor.