G.R. No.

104654 June 6, 1994

REPUBLIC OF THE PHILIPPINES, petitioner,

vs.
HON. ROSALIO G. DE LA ROSA, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, BRANCH 28,
MANILA and JUAN G. FRIVALDO, respondents.

G.R. No. 105715 June 6, 1994

RAUL R. LEE, petitioner,

vs.
COMMISSION ON ELECTIONS and JUAN G. FRIVALDO, respondents.

G.R. No. 105735 June 6, 1994

RAUL R. LEE, petitioner,

vs.
COMMISSION ON ELECTIONS and JUAN G. FRIVALDO, respondents.

QUIASON, J.:

FACTS: Frivaldo filed a petition for naturalization under the Commonwealth Act No. 63 before the RTC Manila.

On October 7, 1991, Judge dela Rosa set the petition for hearing on March 16, 1992 and directed the publication of
the said order and petition in the Official Gazette and a newspaper of general circulation, for 3 consecutive weeks, the
last publication of which should be at least 6 months before the date of the said hearing.

Frivaldo asked the Judge to cancel the March 16 hearing and move it to January 24, 1992, citing his intention to run
for public office in the May 1992 elections. Judge granted the motion and the hearing was moved to February 21. No
publication or copy was issued about the order.

On February 21, 1992 the hearing proceeded. On February 27, 1992, Judge rendered the assailed Decision and held
that Frivaldo is readmitted as a citizen of the Republic of the Philippines by naturalization.

Republic of the Philippines filed a petition for Certiorari under Rule 45 of the Revised Rules of Court in relation to R.A.
No. 5440 and Section 25 of the Interim Rules, to annul the decision made on February 27, 1992 and to nullify the oath
of allegiance taken by Frivaldo on same date..

ISSUE: WON Frivaldo was duly re-admitted to his citizenship as a Filipino.

RULING: NO. The supreme court ruled that Frivaldo is declared not a citizen of the Philippines and therefore
disqualified from continuing to serve as governor of the Province of Sorsogon. He is ordered to vacate his office and to
surrender the same to the Vice-Governor of the Province of Sorsogon once this decision becomes final and executory.

The proceedings of the trial court was marred by the following irregularities:

(1) The hearing of the petition was set ahead of the scheduled date of hearing, without a publication of the order
advancing the date of hearing, and the petition itself;
(2) The petition was heard within six months from the last publication of the petition;
(3) Petitioner was allowed to take his oath of allegiance before the finality of the judgment; and
(4) Petitioner took his oath of allegiance without observing the two-year waiting period.