Case Digest (G.R. No. 120295)
Facts:
Juan G. Frivaldo v. Commission on Elections and Raul R. Lee, G.R. Nos. 120295 and 123755, June 28, 1996, the Supreme Court En Banc, Panganiban, J., writing for the Court.
On March 20, 1995 Juan G. Frivaldo filed a Certificate of Candidacy for Governor of Sorsogon for the May 8, 1995 elections. On March 23, 1995 Raul R. Lee petitioned the Commission on Elections (Comelec) in SPA No. 95-028 to disqualify Frivaldo for not being a Philippine citizen. On May 1, 1995 the Comelec Second Division declared Frivaldo disqualified and cancelled his certificate; the Comelec en banc affirmed on May 11, 1995. The Provincial Board of Canvassers nevertheless completed tallying and issued a Certificate of Votes (May 27, 1995) showing Frivaldo with the highest votes (73,440) and Lee second (53,304).
After the election Lee filed a supplemental pleading seeking proclamation. The Comelec en banc issued an order (dated June 21, 1995) directing the Provincial Board to reconvene and proclaim Lee; Lee was proclaimed on June 30, 1995. On July 6, 1995 Frivaldo filed SPC No. 95-317 asking the Comelec to annul Lee’s proclamation and proclaim him, alleging that he had reacquired Filipino citizenship by repatriation under Presidential Decree No. 725 (P.D. 725) and had taken his oath of allegiance at 2:00 p.m. on June 30, 1995.
On December 19, 1995 the Comelec First Division granted Frivaldo’s petition, annulled Lee’s proclamation and directed the Provincial Board to proclaim Frivaldo; the Comelec en banc denied reconsideration on February 23, 1996. Lee filed a special civil action under Rules 65 and 58 (G.R. No. 123755) on February 26, 1996; this Court issued a status quo resolution on February 27, 1996. Frivaldo separately assailed the Comelec May resolutions in G.R. No. 120295, arguing that the Comelec ...(Pro-only)
Issues:
- Was Frivaldo’s repatriation under P.D. No. 725 valid, and if valid did it seasonably cure his lack of Philippine citizenship; if so, may it be given retroactive effect and from what date?
- Is a prior judicial declaration that a person is not a Philippine citizen a continuing disqualification to run for, be elected to, or hold public office?
- Did the Comelec have jurisdiction to entertain Frivaldo’s SPC No. 95-317 (annulment of proclamation) after Lee’s proclamation?
- Was Lee’s proclamation as governor valid in light of the electorate’s vote and existing jurisprudence (notably Labo v. Comelec)?
- Did the Comelec exceed its jurisdiction by issuing the May 1 and May 11, 1995 resolutions beyond the 15‑...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)