AR

CASE NO. 443

ART. IX. SEC. 65.4. CONTINUING NATURE OF REQUIREMENTS
Frivaldo v. Comelec 174 SCRA 245 (1989)

FACTS: Frivaldo was proclaimed governor of Sorsogon. The League of Municipalities filed a petition for annulment of Frivaldo’s
proclamation on the ground that he was not a Filipino citizen, having been naturalized in the US. Frivaldo admitted the
allegations but pleaded the special and affirmative defenses that he was naturalized as American citizen only to protect himself
against President Marcos during the Martial Law era. Frivaldo also argues that the petition filed with the Comelec should be
dismissed for tardiness.

ISSUES: W/N Frivaldo may be removed from office because of disqualification with regard his citizenship.

RULING: YES. The argument that the petition filed with the Commission on Elections should be dismissed for tardiness is not
well-taken. The herein private respondents are seeking to prevent Frivaldo from continuing to discharge his office of governor
because he is disqualified from doing so as a foreigner. 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 officer's entire
tenure. Once any of the required qualifications is lost, his title may be seasonably challenged.

AR
CASE NO. 444
ART. IX. SEC. 65.4. CONTINUING NATURE OF REQUIREMENTS
Labo v. Comelec 176 SCRA 1 (1989)

FACTS: Herein petitioner, claiming for recognition as a Philippine citizen is a mayor-elect who, through his marriage with an
Australian national, was naturalized and took an oath of allegiance as an Australian citizen. Petitioner claims that his
naturalization made him only a dual national and did not divest him of his Philippine citizenship. The petitioner argues that his
alleged lack of citizenship is a "futile technicality" that should not frustrate the will of the electorate of Baguio City.

ISSUE: W/N petitioner can retain office despite the disqualification with regard his citizenship.

RULING: NO. He became a citizen of Australia because he was naturalized as such through a formal and positive process. He
formally took the Oath of Allegiance renouncing all other allegiance. The qualifications for an elective office are continuing
requirements, once any of them is lost during incumbency, title to the office itself is deemed forfeited. In the case at bar,
the citizenship and voting requirements were not subsequently lost but were not possessed at all in the first place on the day of
the election. The petitioner was disqualified from running as mayor and, although elected, is not now qualified to serve as such.

AR
CASE NO. 445
ART. IX. SEC. 65.5. CITIZENSHIP
Ortega v. Comelec 211 SCRA 297 (1992)

FACTS: Labo, believing that he is a Filipino citizen, launched his candidacy for mayor of Baguio City by filing his COC. Ortega
filed a disqualification proceeding against Labo seeking to cancel Labo’s COC on the ground that Labo made a false
representation when he stated therein that he is a “natural-born” citizen of the Philippines. Comelec resolved to suspend the
proclamation of Labo in the event he wins as Mayor of Baguio. Labo garnered the highest number of votes.

ISSUES: W/N Labo should be proclaimed as mayor of Baguio City having garnered the highest number of votes.

RULING: NO. To begin with, one of the qualifications of an elective official is that he must be a citizen of the
Philippines. Undoubtedly, petitioner Labo, not being a Filipino citizen, lacks the fundamental qualification for the contested
office. Philippine citizenship is an indispensable requirement for holding an elective office. As mandated by law: "An
elective local official must be a citizen of the Philippines.