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Frivaldo vs Comelec 1996

Lee vs comelec 1996


Who should be declared the rightful governor of Sorsogon:
a. Juan G. Frivaldo - Despite lack of Philippine citizenship, Frivaldo was elected
governor with a margin of 27,000 votes in the 1988 elections, 57,000 in 1992, and 20,000
in 1995 over Raul Lee.
Twice, he was disqualified but now claims that he now has Philippine Citizenship.
b. Raul R. Lee second highest votes
c. Oscar G. Deri - The incumbent Vice-Governor who should ascend
Lee vs. Commission on Elections
-This is a special civil action under for certiorari and preliminary injunction to review
and annul a Resolution of the respondent Comelec denying petitioner's (Raul Lee)
motion for reconsideration.
The 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.
Second Division of the Comelec promulgated a Resolution granting petition.
The Motion for Reconsideration filed by Frivaldo remained unacted upon until after
the elections. His candidacy continued and he was voted. Three days after, 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.
Lee filed another petition praying for his proclamation as Governor
Petition was granted. Lee was declared Governor.
Frivaldo filed a new petition. He alleged that he already took his oath of allegiance on
June 30, 1995 and that there was no more legal impediment his proclamation as governor.
In the alternative, Frivaldo 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.
Thus, the a petition was filed (GR123755).
Frivaldo vs. Commission on Elections (same facts)
This is a petition to annul three Resolutions of the respondent Comelec
1. Resolution disqualifying Frivaldo from running for governor of Sorsogon
2. Resolution of the Comelec en banc, promulgated on May 11, 1995; and
3. Resolution suspending the proclamation of Frivaldo.
Frivaldo assails the resolutions based on Section 78 of the Omnibus Election Code. He
contends that the failure of the Comelec to act on the petition for disqualification within
fifteen days prior to the election is a jurisdictional defect which renders the said
Resolutions null and void.

ISSUES
1. Was the repatriation of Frivaldo valid and legal?
Is it enough to qualify him to be proclaimed Governor?
May it be given retroactive effect?
2. Is Frivaldo's disqualification for lack of Filipino citizenship a continuing bar
to his eligibility to run for, be elected to or hold office as governor?
3. Did the respondent Comelec have jurisdiction over Frivaldos petition?
4. Was the proclamation of Lee valid and legal?
5. Did the respondent Commission on Elections exceed its jurisdiction in promulgating
the assailed Resolutions, given the Election Code provision?
Issue 1: Frivaldo's Repatriation
Lees Contention
1.
-Lee argues that P.D. No. 725 had been repealed.
-Cory Aquino in a memorandum which directed the special committee on naturalization
to cease and desist from undertaking any and all proceedings.
2.
-There were serious irregularities in the proceeding.
-The application was approved only in a day, which prevented careful evaluation of
merits.
3.
-Citizenship could only be effective as of Jun30,95 whereas the citizenship qualification
prescribed must exist on the date of his election, if not when the certificate of candidacy
is filed
Court Findings
1.
- President Aquino did not expressly state that P.D. 725 was being repealed.
-It was just an executive policy.
- It is a basic rule that repeals by implication are not favored unless it is clear that the two
laws cannot co-exist.
- no repeal
2.
- Frivaldo actually filed on Aug17,94 and that the special committee was reactivated only
on Jun8,95.
-The process is easy and does not take much time.
- Presumption of regularity of performance is to be rebutted.
3.
- Reference was mere obiter dictum
- Sec. 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.
Sub-Issue 1: Is Frivaldos election valid given that it is also a requirement that he
be a voter, which in turn necessitates that he be a Phlippine citizen?
While the concern in citizenship is allegiance, being a registered voter requires that the
official be registered as a voter IN THE AREA OR TERRITORY he seeks to govern.
Lee has not disputed that Frivaldo is a registered voter of Sorsogon, and that the
latters registration as a voter was sustained valid by judicial declaration. Frivaldo
has voted in four elections.
Frivaldo is a registered voter
Sub-Issue 2: Should the repatriation be given retroactive effect?
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.
Issue 2: Is Lack of Citizenship a Continuing Disqualification?
Lee: Court's two rulings that Frivaldo is an alien (previous elections) have
become final and executory and is a continuing bar.
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.
Issue 3: Does the Comelec have Jurisdiction Over Frivaldos Petition?
Lee: proclaimed on June 30, 1995 and Frivaldo filed the petition beyond the 5-day
reglementary period.
YES to issue. The Comelec has to power annul proclamations.

o 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.
Issue 4: Was Lees Proclamation Valid?
Lee: Had the people been aware of Frivaldos disqualification, they would not have
voted for him. The electorate intentionally wasted their votes.
It has not been shown that Frivaldos ineligibility was notoriously known. Decision
as to the disqualification of candidate was not yet final as well.
NO to issue. 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.
Issue 5: Is Section 78 of the Election Code Mandatory?
Frivaldo claims that the assailed Resolutions of the Comelec disqualifying him should
be annulled because of the 15-day prescription period.
Issue is now moot and academic since it was already superseded by subsequent
resolutions declaring Frivaldo governor.
Section 78 is merely directory as Section 6 of R.A. No. 6646 authorizes the
Commission to try and decide petitions for disqualifications even after the elections.
Comelec did not exceed jurisdiction.
Decision: Frivaldo is Governor

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