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G.R. No. 120295 June 28, 1996JUAN G. FRIVALDO, petitioner, vs. COMMISSION ON ELECTIONS, and RAULR. LEE, respondents.

G.R. No. 123755 June 28, 1996RAUL R. LEE, petitioner, vs. COMMISSION ON ELECTIONS and JUAN G.FRIVALDO, respondents.

PANGANIBAN, J.

Who should be declared the rightful governor of Sorsogon:a. Juan G. Frivaldo - Despite lack of Philippine citizenship, Frivaldo was electedgovernor with a margin of 27,000 votes in the 1988 elections, 57,000 in 1992, and20,000 in 1995 over Raul Lee. Twice, he was disqualified but now claims that henow has Philippine Citizenship.b. Raul R. Lee – second highest votesc. 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 reviewand 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 byRaul Lee who filed a petition with the Comelec praying that Frivaldo bedisqualified 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. Threedays 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 impedimenthis 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 Comelec1. Resolution disqualifying Frivaldo from running for governor of Sorsogon2. Resolution of the Comelec en banc , promulgated on May 11, 1995; and3. 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.

The Consolidated 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 barto his eligibility to run for, be elected to or hold office as governor?

3. Did the respondent Comelec have jurisdiction over Frivaldo’s petition?

4. Was the proclamation of Lee valid and legal?

5. Did the respondent Commission on Elections exceed its jurisdiction inpromulgating the assailed Resolutions, given the Election Code provision?

Issue 1: Frivaldo's Repatriation

Lee’s Contention Court Findings

Lee argues that P.D. No. 725 had beenrepealed. Cory Aquino in amemorandum which directed the specialcommittee on naturalization to ceaseand desist from undertaking any and allproceedings.

- President Aquino did not expresslystate 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 isclear that the two laws cannot co-exist.- no repeal

There were serious irregularities in theproceeding. The application wasapproved only in a day, whichprevented careful evaluation of merits.

- Frivaldo actually filed on Aug17,94 andthat the special committee wasreactivated only on Jun8,95. The processis easy and does not take much time.- Presumption of regularity of performance is to be rebutted.

Citizenship could only be effective as of Jun30,95 whereas the citizenshipqualification prescribed must exist onthe date of his election, if not when thecertificate of candidacy is filed

- Reference was mere obiter dictum- Sec. 39 of the Local Government Codedoes not specify any particular date ortime when the candidate must possesscitizenship

• 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 atthe time he is proclaimed and at the start of his term.

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Sub-Issue 1: Is Frivaldo’s election valid given that it is also a requirement that hebe 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 ORTERRITORY he seeks to govern.

• Lee has not disputed that Frivaldo is a registered voter of Sorsogon, and

that the latter’s registration as a voter was sustained valid by judicialdeclaration. 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.

o It granted a new right to women to re-acquire Filipino citizenship

during their marriage to an alien; new right in favor of othernatural born Filipinos who lost their Philippine citizenship but nowdesire to re-acquire Philippine citizenship through an easierprocess (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. Hewas 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 aperson may subsequently reacquire or lose his citizenship.

Issue 3: Does the Comelec have Jurisdiction Over Frivaldo’s 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 theCOMELEC 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 Lee’s Proclamation Valid?

• Lee: Had the people been aware of Frivaldo’s disqualification, they would

not have voted for him. The electorate intentionally wasted their votes.• It has not been shown that Frivaldo’s 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 theeligible candidate receiving the next highest number of votes to bedeclared elected. A minority or defeated candidate cannot be deemedelected 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 afterthe elections. Comelec did not exceed jurisdiction.

Decision: Frivaldo is Governor

(1) Lee’s petition is DISMISSED. The assailed Resolutions of the respondentCommission are AFFIRMED.(2) Frivaldo’s petition is also DISMISSED for being moot and academic.

Separate Opinions

 PUNO, J., concurring:

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• Upholding the sovereign will of the people. The sovereignty of our people is

the primary postulate of the 1987 Constitution.• Agrees with Davide that sovereignty is indivisible but it need not always be

exercised by the people together, all the time. (only our district electoratesvote for our congressmen, only our provincial electorates vote for themembers of our provincial boards…)

• Issue is: whether the will of the voters be given a decisive value

considering the uncertainty on when a candidate ought to satisfy the

qualification of citizenship.

• Davide warns that should the people of Batanes stage a rebellion, we

cannot prosecute them because of the doctrine of people's sovereignty.Analogy is not appropriate since rebellion is concededly a crime. In thecase at bar, it cannot be held with certitude that the people of Sorsogonviolated the law by voting for Frivaldo as governor. It will not be disastrousfor the State if balance is tilted in favor of the people of Sorsogon.

• In election cases, courts should strive to align the will of the legislature as

expressed in its law with the will of the sovereign people as expressed intheir ballots. For law to reign, it must respect the will of the people.

Davide’s Dissent Refutation of Dissent

Davide argues that President Aquino'smemorandum dated should be viewedas a suspension, not a repeal. (related to issue 1)

Whether it decrees a suspension or arepeal is a purely academic distinction.Said issuance is not a statute that canamend or abrogate an existing law.

Allowing Frivaldo to register and toremain as a registered voter makes a"mockery" of two previous judgmentsdeclaring him a non-citizen. (related toissue 1.2 and 2)

Retroactivity did not change hisdisqualifications in 1988 and 1992. Hisqualification for the 1995 elections is theone affected. No “mockery” 

Petition must be filed within the 25-day period prescribed therein. (related toissue 5)

There is no inconsistency nor conflict.The court holds that issue may bedecided even after the fifteen dayperiod mentioned in Section 78.

Frivaldo was not stateless prior torepatriation. Informal renunciation or isnot a ground to lose American

citizenship. (related to issue 1.2)

Courts cannot rule on the legal questionof who are or who are not Americans.Furthermore, Comelec made a finding of 

fact to arrive at that conclusion.

Lee should be declared winner in allthree elections because Frivaldo'sineligibility for being an American waspublicly known (related to issue 4)

There is no evidence of publicknowledge. It cannot also be publicknowledge if it is still being tried incourt. Declaring Lee as the winner wouldconstitute post facto for the previoustwo elections.

The qualifications under Sec39 of theLocal Government Code refers to thoseof an elective local officials and notelected officials. (related to issue 1.1)

If the qualifications were intended toapply to candidates, laws would havestated so. Secondly, if Congress hadmeant that the qualification be

possessed at election day at the latest, itwould have done so as it did in the otherqualifications.

Only after taking the oath of allegianceshall applicants be deemed to havereacquired Philippine citizenship.(related to issue 1.2)

The provision should be understood as:that after taking the oath of allegiancethe applicant is deemed to havereacquired Philippine citizenship, whichreacquisition is deemed for all purposesand intents to have retroacted to thedate of his application therefor.