Frivaldo v. Comelec

G.R. No.
120295 June 28, 1996

JUAN G. FRIVALDO, petitioner,
vs.
COMMISSION ON ELECTIONS, and RAUL R. LEE, respondents.
G.R. No. 123755 June 28, 1996
RAUL R. LEE, petitioner,
vs.
COMMISSION ON ELECTIONS and JUAN G. FRIVALDO, respondents.
FACTS:
G.R. No. 123755
1. On March 20, 1995, private respondent Juan G. Frivaldo filed his Certificate of Candidacy
for the office of Governor of Sorsogon in the May 8, 1995 elections.
2. On March 23, 1995, petitioner Raul R. Lee, another candidate, filed a petition with the
Comelec docketed as SPA No. 95-028 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 canceled.
3. On May 1, 1995, the Second Division of the Comelec promulgated a Resolution granting
the petition.
4. The Motion for Reconsideration filed by Frivaldo remained unacted upon until after the
May 8, 1995 elections.
5. So, his candidacy continued and he was voted for during the elections held on said date.
6. On May 11, 1995, the Comelec en banc affirmed the aforementioned Resolution of the
Second Division.
7. On June 9, 1995, Lee filed in said SPA No. 95-028, a (supplemental) petition praying for
his proclamation as the duly-elected Governor of Sorsogon.
8. In an order 10 dated June 21, 1995, but promulgated according to the petition "only on
June 29, 1995," the Comelec en banc 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 . . ."
9. Accordingly, at 8:30 in the evening of June 30, 1995, Lee was proclaimed governor of
Sorsogon.
10. On July 6, 1995, Frivaldo filed with the Comelec a new petition, docketed as SPC No. 95317, praying for the annulment of the June 30, 1995 proclamation of Lee and for his own
proclamation.
11. 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".
a. As such, when "the said order (dated June 21, 1995) (of the Comelec) . . . 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 (of Frivaldo) as governor
. . ."
b. 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.
12. On December 19, 1995, the Comelec First Division promulgated the herein assailed
Resolution holding that Lee did not get the highest number of votes and proclaiming
Frivaldo as the winner.
13. On December 26, 1995, Lee filed a motion for reconsideration which was denied by the
Comelec en banc in its Resolution promulgated on February 23, 1996.
14. On February 26, 1996, the present petition was filed.
a. Acting on the prayer for a temporary restraining order, this Court issued on
February 27, 1996 a Resolution which inter alia directed the parties "to maintain
the status quo prevailing prior to the filing of this petition."
G.R. No. 120295
1. The facts of this case are essentially the same as those in G.R. No. 123755.
2. However, Frivaldo contends under the Omnibus Election Code Sec. 78, that the failure of
the Comelec to act on the petition for disqualification within the period of fifteen days
prior to the election as provided by law is a jurisdictional defect which renders the said
Resolutions null and void.
3. By Resolution on March 12, 1996, the Court consolidated G.R. Nos. 120295 and 123755
since they are intimately related in their factual environment and are identical in the
ultimate question raised, viz., who should occupy the position of governor of the province
of Sorsogon.
PETITIONER ASSERTION:
1. I got the highest number of votes in the election.
2. There is no longer any impediment because I got my citizenship before I got the
Comelec resolution. Therefore, the resolution disqualifying me is null and void.
RESPONDENT ASSERTION:
1. Frivaldo is not a Filipino Citizen. Comelec already ruled on this in previous elections.
2. I got the 2nd highest number of votes. I should win.
ISSUES:
1. Is Frivaldo the governor?
HELD:
1. No.
2. The Commission on Elections has the primary jurisdiction over the question
as the sole judge of all contests relating to the election, returns and
qualifications of the members of the Congress and elective provincial and city
officials.
3. However, the decision on Frivaldos citizenship has already been made by the
COMELEC through its counsel, the Solicitor General, who categorically claims
that Frivaldo is a foreigner.
4. The Solicitors stance is assumed to have been taken by him after
consultation with COMELEC and with its approval.
5. It therefore represents the decision of the COMELEC itself that the Supreme
Court may review.
6. In the certificate of candidacy filed on 19 November 1987, Frivaldo described
himself as a natural-born citizen of the Philippines, omitting mention of
any subsequent loss of such status.
7. The evidence shows, however, that he was naturalized as a citizen of the
United States in 1983 per the certification from the United States District
Court, Northern District of California, as duly authenticated by Vice Consul
Amado P. Cortez of the Philippine Consulate General in San Francisco,
California, U.S.A.
8. There were many other Filipinos in the United States similarly situated as
Frivaldo, and some of them subject to greater risk than he, who did not find it
necessary nor do they claim to have been coerced to abandon their
cherished status as Filipinos.
9. Still, if he really wanted to disavow his American citizenship and reacquire

Philippine citizenship, Frivaldo should have done so in accordance with the
laws of our country. Under CA No. 63 as amended by CA No. 473 and PD No.
725, Philippine citizenship may be reacquired by direct act of Congress, by
naturalization, or by repatriation.
10.He failed to take such categorical acts. The anomaly of a person sitting as
provincial governor in this country while owing exclusive allegiance to
another country cannot be permitted.
11.
The fact that he was elected by the people of Sorsogon does
not excuse this patent violation of the salutary rule limiting public
office and employment only to the citizens of this country.
12.
The will of the people as expressed through the ballot cannot
cure the vice of ineligibility
13.Qualifications for public office are continuing requirements and must
be possessed not only at the time of appointment or election or
assumption of office but during the officers entire tenure.
14.Once any of the required qualifications is lost, his title may be seasonably
challenged.
15.Frivaldo is disqualified from serving as governor of Sorsogon.

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G.R. No.

120295 June 28, 1996

9. Still, if he really wanted to disavow his American citizenship and reacquire

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