Frivaldo v. Comelec

G.R. No. 120295, 123755 (June 28, 1996)

SC affirmed Frivaldo's repatriation, reinstating his governorship over Lee's disqualification.

Facts:

In the lead-up to the May 8, 1995 elections, Juan G. Frivaldo filed his Certificate of Candidacy for the position of Governor of Sorsogon. Shortly thereafter, Raul R. Lee, another candidate, filed a petition with the Commission on Elections (COMELEC) seeking to disqualify Frivaldo on the grounds that he was not a citizen of the Philippines. On May 1, 1995, the COMELEC's Second Division granted Lee's petition, declaring Frivaldo disqualified due to his non-citizenship and subsequently canceling his Certificate of Candidacy. Despite this ruling, Frivaldo continued to campaign and was elected, receiving 73,440 votes compared to Lee's 53,304 votes.

After the elections, the COMELEC affirmed the disqualification of Frivaldo, leading to Lee's proclamation as the governor on June 30, 1995. Frivaldo, however, filed a new petition with the COMELEC, asserting that he had reacquired his Philippine citizenship through repatriation on June 30, 1995, and thus should be proclaimed as the duly elected governor. The COMELEC's First Division later ruled in favor of Frivaldo, stating that he had indeed reacquired his citizenship and should be proclaimed as the governor, leading to Lee's motion for reconsideration.

Legal Issues:

  1. Was Frivaldo's repatriation valid and did it retroactively cure his lack of citizenship to qualify him for the governorship?
  2. Is Frivaldo's prior disqualification for lack of citizenship a continuing bar to his eligibility for public office?
  3. Did the COMELEC have jurisdiction over the petition filed by Frivaldo?
  4. Was Lee's proclamation as governor valid given the circumstances?
  5. Did the COMELEC exceed its jurisdiction in issuing resolutions regarding Frivaldo's candidacy?

Arguments:

For Frivaldo:

  • Frivaldo argued that his repatriation was valid and effective as of June 30, 1995, the day he took his oath of allegiance, thus qualifying him to hold the office of governor.
  • He contended that the citizenship requirement should be assessed at the time of proclamation, not at the time of the election or filing of candidacy.
  • Frivaldo maintained that the COMELEC had the authority to annul Lee's proclamation and that his previous disqualifications did not constitute a continuing bar to his eligibility.

For Lee:

  • Lee contended that Frivaldo's disqualification was a continuing condition that rendered him ineligible to run for or hold public office.
  • He argued that the COMELEC acted without jurisdiction in granting Frivaldo's petition for proclamation since the resolutions disqualifying him were issued beyond the statutory period.
  • Lee asserted that the electorate's votes for Frivaldo should be considered void due to his disqualification.

Court's Decision and Legal Reasoning:

The Supreme Court ruled in favor of Frivaldo, affirming the COMELEC's decision to proclaim him as the duly elected governor. The Court established several key points:

  1. Validity of Repatriation: The Court held that Frivaldo's repatriation under Presidential Decree No. 725 was valid and effective as of the date he took his oath of allegiance. The Court emphasized that citizenship qualifications for elective officials must be possessed at the time of proclamation and the start of the term, not necessarily at the time of the election or filing of candidacy.

  2. Non-Continuing Disqualification: The Court clarified that a prior disqualification does not create a permanent bar to eligibility, as individuals can reacquire citizenship through lawful means.

  3. Jurisdiction of COMELEC: The Court affirmed the COMELEC's jurisdiction to hear and decide petitions for annulment of proclamations, emphasizing that the COMELEC acted within its authority in addressing Frivaldo's petition.

  4. Lee's Proclamation: The Court found that Lee's proclamation was invalid as he did not receive the highest number of valid votes, given that Frivaldo's votes should not have been disregarded due to his subsequent reacquisition of citizenship.

  5. Directory Nature of Section 78: The Court ruled that the provisions of Section 78 of the Omnibus Election Code, which govern the timing of disqualification petitions, are directory rather than mandatory, allowing the COMELEC to act even after the elections.

Significant Legal Principles Established:

  • The ruling clarified the interpretation of citizenship requirements for elective positions, emphasizing that such qualifications must be assessed at the time of proclamation.
  • The decision reinforced the principle that the will of the electorate should prevail, and legal technicalities should not obstruct the expression of popular sovereignty.
  • The Court established that repatriation can have retroactive effects, thereby validating prior actions taken by individuals who have reacquired citizenship.