Frivaldo V Comelec

Frivaldo v. Comelec 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. Comelec granted the petition. Frivaldo filed for Motion for Reconsideration but was unacted upon until after the elections. His candidacy continued and he was voted. Three days after election, 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. But Lee filed another petition praying for his proclamation as Governor. Petition was granted. Lee was declared Governor. Frivaldo filed a new petition alleging that he already took his oath of allegiance or in the alternative, he 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. 1st Issue: Whether or not Frivaldo’s repatriation is enough to qualify him to be proclaimed governor? Stated in the alternative, whether or not citizenship requirement must exist the date of election or filing of candidacy? Held: No. Section 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. 2nd Issue: Whether or not repatriation must be given retroactive effect? Held: Yes. 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. 3rd Issue: Whether or not lack of citizenship is a continuing disqualification? Held: 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. 4th Issue: Whether or not Comelec has jurisdiction over Frivaldo’s petition?

Held: Yes. The Comelec has to power annul proclamations. 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. 5th Issue: Whether or not Lee’s proclamation is valid? Held: No. 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.