G.R. No. 120295 - Frivaldo vs. Commission on Elections

G.R. No. 120295: Frivaldo challenged COMELEC Second Division Res. (May 1, 1995) and En Banc Res. (May 11, 1995) disqualifying him before the May 8 election.
G.R. No. 123755: Lee petitioned under Rules 65 and 58 for certiorari and preliminary injunction to annul COMELEC First Division Res. (Dec. 19, 1995) and En Banc Res. (Feb. 23, 1996) rejecting his reconsideration.

Mar. 20, 1995: Frivaldo files Certificate of Candidacy.
Mar. 23, 1995: Lee petitions to cancel Frivaldo’s COC for non-citizenship.
May 1 & 11, 1995: COMELEC Second Division and En Banc cancel Frivaldo’s COC.
May 8, 1995: Election; Frivaldo garners highest votes.
June 30, 1995: Lee proclaimed Governor at 8:30 p.m.; Frivaldo takes Oath of Allegiance at 2 p.m. (repatriation).
July 6, 1995: Frivaldo files petition to annul Lee’s proclamation.
Dec. 19, 1995 & Feb. 23, 1996: COMELEC First Division and En Banc order Lee’s proclamation annulled and direct Frivaldo’s proclamation.

1987 Philippine Constitution (post-1990 decisions).
Local Government Code of 1991 (R.A. 7160) Sec. 39 (qualifications) & 40 (disqualifications).
Omnibus Election Code (B.P. Blg. 881) Sec. 78 (cancellation of COC) & 253 (quo warranto).
Presidential Decree No. 725 (repatriation).
R.A. 6646 (effect of disqualification cases).

Was Frivaldo’s repatriation valid, and if so, did it cure his non-citizen status? May it be retroactive?
Is a judicially declared non-citizen status a continuing bar to eligibility?
Did COMELEC have jurisdiction to annul Lee’s proclamation after June 30, 1995?
Was Lee’s proclamation valid despite Frivaldo’s higher vote count?
Must Sec. 78 rulings be rendered not later than 15 days before the election?

P.D. 725 remains effective; never expressly or impliedly repealed by the 1987 Constitution or executive memorandum.
Frivaldo applied Aug. 17, 1994; committee reactivated June 8, 1995; he retook Oath of Allegiance June 30, 1995.
Presumption of regularity upholds repatriation; no evidence of impropriety.

Sec. 39 requires citizenship as a qualification of an elective local official; other qualifications specify time (residence, age) but citizenship is not tied to filing or election date.
Candidate must be a registered voter in the area he seeks to govern, implying citizenship before voting; Frivaldo’s voter status judicially sustained.
An elective official’s qualifications must exist at proclamation and commencement of term (noon, June 30).

P.D. 725 grants a new right to reacquire citizenship and is remedial/curative in nature; legislative intent favors retroactivity.
Frivaldo’s repatriation deemed effective as of application date (Aug. 17, 1994), curing any interregnum statelessness.

Earlier Supreme Court rulings in 1989 and 1994 disqualified Frivaldo only for those elections; citizenship status may be reexamined in each new election.

COMELEC has exclusive original jurisdiction over election contests.
Annulment of proclamation petitions recognized as valid COMELEC proceedings if filed within ten days of proclamation (Sec. 253).

The runner-up cannot be declared elected absent evidence voters knowingly cast ballots for an ineligible candidate.

March 20, 1995: Juan G. Frivaldo files Certificate of Candidacy for Governor of Sorsogon.
March 23, 1995: Raul R. Lee petitions Comelec (SPA No. 95-028) to cancel Frivaldo’s candidacy for lack of Philippine citizenship.
May 1 & 11, 1995: Comelec Second Division and en banc declare Frivaldo disqualified; candidacy canceled.
May 27, 1995: Provincial canvass shows Frivaldo first (73,440 votes), Lee second (53,304 votes).
June 29–30, 1995: Comelec en banc orders provincial board to proclaim Lee; Lee proclaimed Governor June 30 at 8:30 p.m.
June 30, 1995 (2:00 p.m.): Frivaldo takes oath of allegiance under P.D. No. 725, claiming valid repatriation.
July 6, 1995: Frivaldo files SPC No. 95-317 to annul Lee’s proclamation and for his own proclamation.
December 19, 1995 & February 23, 1996: Comelec First Division grants Frivaldo’s petition; en banc denies Lee’s motion for reconsideration.
February 26–27, 1996: Supreme Court petitions filed and TRO issued to maintain status quo.

G.R. No. 123755: Petition for certiorari and preliminary injunction under Rules 65 & 58 to annul Comelec resolutions of Dec. 19, 1995 and Feb. 23, 1996.
G.R. No. 120295: Petition to annul Comelec’s May 1 & 11, 1995 resolutions for want of jurisdiction (failure to decide within 15 days before election as per Sec. 78, OEC).
March 12, 1996: Cases consolidated.
March 19, 1996: Oral arguments; memoranda filed thereafter.

Validity and legal effectivity (including retroactivity) of Frivaldo’s repatriation under P.D. 725.
Whether prior judicial disqualifications for lack of citizenship continue to bar Frivaldo.
Comelec’s jurisdiction over SPC No. 95-317 filed post-proclamation.
Legality of Lee’s proclamation in light of Frivaldo’s higher vote count.
Mandatory or directory nature of Sec. 78, OEC, on canceling certificates of candidacy.

R.A. 7160 §39(a): Elective local official must be a Philippine citizen; registered voter in the local unit; resident for at least one year; able to read/write a local language.
§39(b)–(f): Express age qualifications on election day for various positions.
Citizenship distinct from voter registration; ensures no alien holds elective office.

Philippine law (C.A. 63 as amended; P.D. 725) provides three modes: direct act of Congress, naturalization, repatriation.
Frivaldo’s direct‐Congress bid stalled; naturalization petition denied for jurisdictional and procedural defects.
P.D. 725 (June 5, 1975) allows Filipino women and natural-born Filipinos who lost citizenship to reacquire by repatriation via a Special Committee on