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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-Lee argues that P.D. No. 725 had been repealed.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- President Aquino did not expressly state that P.D. 725 was being repealed.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