Frivaldo v.

Comelec

Facts: Juan G. Frivaldo filed for candidacy for governorship. This was contested by
Raul Lee who filed a petition with the Comelec praying that Frivaldo be disqualified
because he was not a Filipino citizen. Comelec granted the petition. Frivaldo filed for
Motion for Reconsideration but was unacted upon until after the elections. His
candidacy continued and he was voted. Three days after election, the Comelec
affirmed the previous Resolution.
Board of Canvassers completed the canvass of the election and determined that
Frivaldo garnered the largest number of votes, followed by Lee. But Lee filed another
petition praying for his proclamation as Governor. Petition was granted. Lee was
declared Governor.
Frivaldo filed a new petition alleging that he already took his oath of allegiance
or in the alternative, he averred that pursuant to the case of Labo vs. Comelec, the
Vice-Governor 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 was denied by the Comelec.

1st Issue: Whether or not Frivaldo’s repatriation is enough to qualify him to be

proclaimed governor? Stated in the alternative, whether or not citizenship
requirement must exist the date of election or filing of candidacy?

Held: No. Section 39 of the Local Government Code does not specify any particular
date or time when the candidate must possess citizenship. Purpose of the citizenship
qualification is so that no person owing allegiance to another nation shall govern our
people. Impediment no longer existed. It should be noted that Section 39 of the Local
Government Code speaks of qualifications of officials, not of candidates. Citizenship is
necessary at the time he is proclaimed and at the start of his term.

2nd Issue: Whether or not repatriation must be given retroactive effect?

Held: Yes. Laws which creates new rights are given retroactive effect. P.D. 725
creates a new right and also provides for a new remedy. It granted a new right to
women to re-acquire Filipino citizenship during their marriage to an alien; new right in
favor of other natural born Filipinos who lost their Philippine citizenship but now desire
to re-acquire Philippine citizenship through an easier process (repatriation instead of
naturalization). Therefore, it was intended to give the decree retroactive effect. Not
just the decree, but even the repatriation granted under said law to Frivaldo is to be
deemed to have retroacted to the date of his application on August 17, 1994.
Retroactivity to the date of filing would prevent prejudice to applicants. If not given
retroactive effect, applicants may become stateless. Since his repatriation has
retroactive effect, his registration as a voter is validated. Retroactivity would not grant
Frivaldo dual citizenship (which could have disqualified him) since he had long
renounced his American citizenship. He was stateless when he renounced his US
citizenship until repatriation.

3rd Issue: Whether or not lack of citizenship is a continuing disqualification?

Held: No. 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 lose his citizenship.

4th Issue: Whether or not Comelec has jurisdiction over Frivaldo’s petition?
Held: Yes. The Comelec has to power annul proclamations. This is based on an
assumption that the proclamation is no proclamation at all. Assumption of office
cannot deprive the COMELEC of the power of declaration of nullity. Power to annul a
proclamation must be done within ten days after proclamation and petition was filed
after six. Comelec had jurisdiction.

5th Issue: Whether or not Lee’s proclamation is valid?

Held: No. If Frivaldo was disqualified, the vice-governor ascends. In losing the
election, Lee was obviously not the choice of the people. The ineligibility of a
candidate receiving majority votes does not entitle the eligible candidate receiving
the next highest number of votes to be declared elected. A minority or defeated
candidate cannot be deemed elected to the office.