JUAN G. FRIVALDO, petitioner, vs. COMMISSION ON ELECTIONS, and RAUL R.

LEE,
respondents.
[G.R. No. 120295. June 28, 1996]

Fact: This is a petition filed by Juan G. Frivaldo to annul three Resolutions of the respondent
Comelec, that which disqualified him from running for governor of Sorsogon.

Juan G. Frivaldo filed his Certificate of Candidacy on March 20, 1995 for the Governor of
Sorsogon in May 8, 1995 elections. On March 23, 1995, Raul R. Lee, another candidate, filed a petition
with the Comelec praying that Frivaldo "be disqualified from seeking or holding any public office or
position by reason of not yet being a citizen of the Philippines," and that his Certificate of Candidacy
be cancelled. On May 1, 1995, the Second Division of the Comelec promulgated a Resolution granting
the petition.

The Motion for Reconsideration filed by Frivaldo remained unacted upon until after the May 8,
1995 elections. So, his candidacy continued and he was voted for during the elections held on said date.
On May 11, 1995, the Comelec en banc1 affirmed the aforementioned Resolution of the Second Division.

Lee filed a petition (supplemental)2 praying for his proclamation as the duly-elected Governor
of Sorsogon.

In an orderdated June 21, 1995, but promulgated according to the petition "only on June 29,
1995," the Comelec directed "the Provincial Board of Canvassers of Sorsogon to reconvene for the
purpose of proclaiming candidate Raul Lee as the winning gubernatorial candidate in the province of
Sorsogon on June 29,1995 " Accordingly, at 8:30 in the evening of June 30,1995, Lee was proclaimed
governor of Sorsogon.

Frivaldo filed with the Comelec a new petition praying for the annulment of the proclamation
of Lee and for his own proclamation. He alleged that on June 30, 1995, at 2:00 in the afternoon, he took
his oath of allegiance as a citizen of the Philippines after "his petition for repatriation under P.D. 725
which he filed with the Special Committee on Naturalization in September 1994 had been granted." As
such, when "the said order was released and received by Frivaldo on June 30, 1995 at 5:30 o'clock in the
evening, there was no more legal impediment to the proclamation as governor." In the alternative, he
averred that pursuant to the two cases of Labo vs. Comelec, the Vice-Governor— not Lee — should
occupy said position of governor. On December 19, 1995, the COMELEC First Division annulled the
proclamation of Lee and proclaimed Frivaldo as rightful governor. Lee filed a motion for
reconsideration which COMELEC denied. Lee filed a petition questioning the Frivaldo’s proclamation
when his “judicially declared disqualification is a continuing condition and rendered him ineligible to
run for, to be elected to and to hold the Office of Governor.”

Issues:

1. Whether the the repatriation of Frivaldo valid and legal? If so, did it seasonably cure his lack of
citizenship as to qualify him to be proclaimed and to hold the Office of Governor? If not, may it
be given retroactive effect? If so, from when?

1
In law, an en banc is a session in which a case is heard before all the judges of the court rather than by a panel of judge selected
from the. (en.m.wikipedia.org.)
2
In addition to the case he filed on March 23, 1995
 2. Whether or not petitioner’s “judicially declared” disqualification for lack of Filipino citizenship
bar him to run for, be elected to or hold the governorship of Sorsogon.

Held:

1. Yes. According to the law, citizenship may be reacquired by 1) direct act of the Congress, 2) by
naturalization, and 3) by repatriation under P.D 725. The law does not specifically state that a
particular date or time when the candidate must possess citizenship, unlike that for residence
(at least 1 year residency immediately preceding the day of election) and age (at least 35 years of age on
the election day.) Philippine citizenship is an indispensable requirement for holding an elective
public office to ensure that no alien, or person owing allegiance to another nation, shall govern
our people and our country or a unit of territory thereof. An official begins to govern or
discharge his functions only upon his proclamation and on the day law mandates his term of
office to begin. Since Frivaldo re-assumed his citizenship on the very day the term of his office
began, he therefore, qualified to be proclaimed, to hold office and to discharge the functions and
responsibilities therof as of the said date. The law intended citizenship to be a qualification
distinct from being a voter, even if a voter presumes being a citizen first. The Local Government
Code requires an elective official to be a registered voter. It does not require him to vote actually.
In other words, the law’s purpose in the second requirement is to ensure prospective official is
actually registered in the area he seeks to govern and not anywhere else. In fact, petitioner voted
in all previous elections. The prime issue of citizenship should be reckoned from the date of
proclamation, not necessarily the date of election or of filing the candidacy. The repatriation of
the petitioner retroacted upon the date of filing of his application.

2. No. The decision of the Supreme Court declaring “Frivaldo was not a Filipino citizen” and his
disqualification was for the purpose of the 1988 and 1992 elections; and that there is no “final
judgment” of his disqualification for the May 8, 1995 elections. Moreover, his Filipino citizenship
was restored, and his previous registration as a voter was likewise validated as of the day he
was repatriated, and that was on August 17, 1994.
Indeed, decisions declaring the acquisition or denial of citizenship cannot govern a
person's future status with finality. This is because a person may subsequently reacquire, or for
that matter lose, his citizenship under any of the modes recognized by law for the purpose.

WHEREFORE, the petition in G.R. No. 120295 is also DISMISSED for being moot and academic.
In any event, it has no merit.

No costs. SO ORDERED.