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Frivaldo Citizenship Case: 1996 Ruling

Juan Frivaldo filed to run for governor but was disqualified for not being a citizen. After the election where he received the most votes, he became a citizen through repatriation. The COMELEC upheld his victory. The Supreme Court affirmed, finding that repatriation made him a citizen retroactively so he was qualified to run and hold office. They reasoned that electoral laws should be interpreted to respect the will of the people expressed through their votes. As long as Frivaldo was a citizen when taking office, legal technicalities could not override the popular mandate.

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204 views2 pages

Frivaldo Citizenship Case: 1996 Ruling

Juan Frivaldo filed to run for governor but was disqualified for not being a citizen. After the election where he received the most votes, he became a citizen through repatriation. The COMELEC upheld his victory. The Supreme Court affirmed, finding that repatriation made him a citizen retroactively so he was qualified to run and hold office. They reasoned that electoral laws should be interpreted to respect the will of the people expressed through their votes. As long as Frivaldo was a citizen when taking office, legal technicalities could not override the popular mandate.

Uploaded by

Nivra Lyn Empiales
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Frivaldo vs.

COMELEC (1996)

G.R. No. 120295


June 28, 1996 257 SCRA 727

FACTS:
Juan G. Frivaldo filed his Certificate of Candidacy for the office of Governor of
Sorsogon in the May 8, 1995 elections. Petitioner 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 canceled. The Second Division of the Comelec granted the
petition and disqualified the respondent from running for the office. The Motion for
Reconsideration filed by Frivaldo remained unacted upon until after the election. So, his
candidacy continued and he was voted for during the elections held on said date. The
Comelec en banc affirmed the Resolution of the Second Division. The Certificate of Votes was
issued showing Frivaldo obtaining the highest number of votes. Lee filed a supplemental
petition praying for his proclamation as the duly-elected Governor of Sorsogon. As such,
when Frivaldo received the said order of the Comelec, no more legal impediment to his
proclamation as governor. The Comelec First Division promulgated that Lee, "not having
garnered the highest number of votes," was not legally entitled to be proclaimed as duly-
elected governor; and that Frivaldo, "having garnered the highest number of votes, and
having reacquired his Filipino citizenship by repatriation on June 30, 1995 under the
provisions of Presidential Decree No. 725 is qualified to hold the office of governor of
Sorsogon.

ISSUES:
1. WON the repatriation of Frivaldo is valid and legal which seasonably cure his lack
of citizenship as to qualify him to be proclaimed and to hold the Office of Governor.

RATIO:
1. Yes. Under Philippine law, citizenship may be reacquired by direct act of Congress,
by naturalization or by repatriation. A Filipino citizen who lost his Filipino citizenship by
naturalization abroad may reacquire his Filipino citizenship by filing a petition for
repatriation pursuant to p. D. No. 725. Once the petition is approved, his reacquisition of
Filipino citizenship retroacts to the date of the filing of said petition, validates his
registration as a voter also as of said date, and makes him a qualified candidate for a local
elective position. And his having obtained the majority votes entitles him to the position, it
being sufficient that he be a citizen at the time he is proclaimed and at the start of his term
of office to which he has been elected. This Court has time and again liberally and equitably
construed the electoral laws of our country to give fullest effect to the manifest will of our
people, for in case of doubt, political laws must be interpreted to give life and spirit to the
popular mandate freely expressed through the ballot. Otherwise stated, legal niceties and
technicalities cannot stand in the way of the sovereign will.

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