JUAN G. FRIVALDO v. COMELEC

FACTS:

On March 20, 1995, private respondent Juan G. Frivaldo filed his Certificate of Candidacy for the position of Governor of Sorsogon for the upcoming May 8, 1995 elections. In response, petitioner Raul R. Lee, another candidate, filed a petition with the Commission on Elections (Comelec) on March 23, 1995, to disqualify Frivaldo on the grounds of his alleged lack of Philippine citizenship. The Second Division of Comelec granted Lee's petition on May 1, 1995, canceling Frivaldo's certificate of candidacy due to his non-citizenship. Frivaldo's motion for reconsideration was pending as the elections took place, and on May 8, 1995, Frivaldo received the highest number of votes, with the Provincial Board of Canvassers' certificate dated May 27, 1995, showing he garnered 73,440 votes. Despite this, his disqualification was reaffirmed by the Comelec en banc on May 11, 1995.

On June 9, 1995, Lee petitioned for his own proclamation as the duly-elected Governor of Sorsogon. Consequently, Comelec directed the Provincial Board of Canvassers to proclaim Lee as governor on June 30, 1995. Frivaldo took his oath of allegiance to the Philippines on the afternoon of June 30, 1995, after being granted repatriation under P.D. 725, claiming that there was no legal impediment to his proclamation since he had reacquired his Philippine citizenship. Frivaldo filed a new petition on July 6, 1995, seeking annulment of Lee’s proclamation and asserting his right to be declared the winner based on his majority vote or alternatively, that the Vice-Governor should take the position.

On December 19, 1995, the Comelec First Division ruled in favor of Frivaldo, declaring him eligible to hold office having reacquired his Filipino citizenship by repatriation as required by Presidential Decree No. 725, and ordered the annulment of Lee’s proclamation. This decision was upheld in a subsequent en banc resolution on February 23, 1996, following Lee's motion for reconsideration, leading to Lee filing the present petition on February 26, 1996.

Simultaneously, GR No. 120295, arising from similar facts, challenged three Comelec resolutions disqualifying Frivaldo on the grounds of untimely resolution under Section 78 of the Omnibus Election Code. Frivaldo contended these resolutions were invalid as they were rendered beyond the statutory period, making the Comelec's actions jurisdictionally defective. The Supreme Court consolidated both cases.

ISSUES:

  1. Was the repatriation of Juan G. Frivaldo valid and legal? If so, did it seasonably cure his lack of citizenship as to qualify him to be proclaimed and to hold the Office of Governor? If not, may it be given retroactive effect? If so, from when?

  2. Is Frivaldo's judicially declared disqualification for lack of Filipino citizenship a continuing bar to his eligibility to run for, be elected to, or hold the governorship of Sorsogon?

  3. Did the respondent Comelec have jurisdiction over the initiatory petition in SPC No. 95-317 considering that said petition is not "a pre-proclamation case, an election protest or a quo warranto case"?

  4. Was the proclamation of Raul R. Lee, a runner-up in the election, valid and legal in light of existing jurisprudence?

  5. Did the respondent Commission on Elections exceed its jurisdiction in promulgating the assailed Resolutions, all of which prevented Frivaldo from assuming the governorship of Sorsogon, considering that they were not rendered within the period referred to in Section 78 of the Omnibus Election Code, viz., “not later than fifteen days before the elections”?

RULING:

  1. The repatriation of Juan G. Frivaldo was valid and legal. The Court declared that Frivaldo's repatriation legally cured his lack of citizenship as of June 30, 1995, enabling him to hold the Office of Governor. Moreover, the Court held that his repatriation would retroact to August 17, 1994, the date of his application for repatriation.

  2. Lack of citizenship is not a continuing disqualification. The Court ruled that a person's disqualification based on lack of citizenship can change if the individual subsequently reacquires Filipino citizenship, which Frivaldo did.

  3. The Comelec had jurisdiction over SPC No. 95-317. The Court recognized that the Commission on Elections has the authority to entertain petitions for annulment of proclamations and related electoral matters.

  4. Raul R. Lee's proclamation was invalid. The Court ruled that declaring Lee as the governor, despite him being the runner-up, was invalid since Frivaldo should have been proclaimed, having garnered the highest number of votes and reacquired his Filipino citizenship in time.

  5. Section 78 of the Omnibus Election Code is directory. The Court interpreted Section 78 as merely directory and not mandatory. Therefore, the resolutions disqualifying Frivaldo issued by Comelec after the 15-day period were still valid.

PRINCIPLES:

  1. The citizenship requirement for elective local officials must be possessed at the latest at the time of proclamation and at the start of the term of office.

  2. Repatriation under P.D. No. 725 is valid and can be retroactively applied to the date of the application.

  3. The Comelec has jurisdiction to entertain petitions for annulment of proclamations.

  4. A candidate who is not the recipient of the majority of valid votes cannot be proclaimed as elected.

  5. Section 78 of the Omnibus Election Code is considered directory, thereby permitting the Comelec to decide on disqualification cases even after the elections.

  6. Popular sovereignty and substantial justice prevail over strict legal technicalities.