Frivaldo vs Comelec for Print

8/6/2019 Frivaldo vs Comelec for Print

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JUAN G. FRIVALDO, petitioner, vs. COMMISSION ON ELECTIONS, and RAUL

R. LEE,res p on d e nt s .

G.R. No. 123755 June 28, 1996

RAUL R. LEE, petitioner, vs. COMMISSION ON ELECTIONS and JUAN G.

FRIVALDO,re s po n de n ts .

PANGANIBAN,J.

Who should be declared the rightful governor of Sorsogon:

a. Juan G. Frivaldo - Despite lack of Philippine citizenship, Frivaldo was elected

governor with a margin of 27,000 votes in the 1988 elections, 57,000 in 1992, and

20,000 in 1995 over Raul Lee. Twice, he was disqualified but now claims that he

now has Philippine Citizenship.

b. Raul R. Lee second highest votes

c. Oscar G. Deri - The incumbent Vice-Governor who should ascend

Lee vs. Commission on Elections

This is a special civil action under force rt io rari 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 by

Raul Lee who filed a petition with the Comelec praying that Frivaldo be

disqualified 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. Three

days after, the Comelec affirmed the previous Resolution.

Board of Canvassers completed the canvass of the election and determinedthat 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 ofallegiance on June 30, 1995 and that there was no more legal impediment

his proclamation as governor.

In the alternative, Frivaldo averred that pursuant to the case ofLabo vs.

Comelec, the Vice-Governor should occupy said position of governor.

On December 19, 1995, the Comelec First Division annulled theproclamation 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 Comelec


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1.Resolution disqualifying Frivaldo from running for governor of Sorsogon2.Resolution of the Comelec en banc, promulgated on May 11, 1995; and

3.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 Issues1. 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 Frivaldos 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

Lees Contention Court Findings

Lee argues that P.D. No. 725 had beenrepealed. Cory Aquino in a

memorandum which directed the special

committee on naturalization to cease

and desist from undertaking any and all

proceedings

- 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 is

clear that the two laws cannot co-

exist

- - no repeal

There were serious irregularities in the

proceeding. The application was

approved only in a day, which

prevented careful evaluation of merits

- 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.

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

- 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 owingallegiance to another nation shall govern our people.


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Impediment no longer existed.It should be noted that Section 39 of the Local Government Code speaks ofqualifications of officials, not of candidates. Citizenship is necessary atthe time he is proclaimedan d at the start of his term.

Sub-Issue 1: Is Frivaldos 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 OR

TERRITORY he seeks to govern.

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

that the latters registration as a voter was sustained valid by judicial

declaration. Frivaldo has voted in four elections.

Frivaldo is a registered voterSub-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.oIt 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 saidlaw to Frivaldo is to be

deemed to have retroacted to the date ofhis 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.

Issue 2: Is Lack of Citizenship a Continuing Disqualification?Lee: Court's two rulings that Frivaldo is an alien (previous elections) havebecome final and executory and is a continuing bar.NO. Decisions declaring the acquisition or denial of citizenshipcannot govern a person's future status with finality. This is because a

person may subsequently reacquire or lose his citizenship.Issue 3: Does the Comelec have Jurisdiction Over Frivaldos Petition?


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Lee: proclaimed on June 30, 1995 and Frivaldo filed the petition beyondthe 5-day reglementary period.YES to issue. The Comelec has to power annul proclamations.oThis 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 afterproclamation and petition was filed after six. Comelec had jurisdiction.Issue 4: Was Lees Proclamation Valid?Lee: Had the people been aware of Frivaldos disqualification, they wouldnot have voted for him. The electorate intentionally wasted their votes.It has not been shown that Frivaldos 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. Inlosing 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.

Issue 5: Is Section 78 of the Election Code Mandatory?Frivaldo claims that the assailed Resolutions of the Comelec disqualifyinghim should be annulled because of the 15-day prescription period.

Issue is now moot and academic since it was already superseded bysubsequent resolutions declaring Frivaldo governor.Section 78 is merely directory as Section 6 of R.A. No. 6646 authorizesthe Commission to try and decide petitions for disqualifications even afterthe elections. Comelec did not exceed jurisdiction.Decision: Frivaldo is Governor

(1) Lees petition is DISMISSED. The assailed Resolutions of the respondent

Commission are AFFIRMED.

(2) Frivaldos petition is also DISMISSED for being moot and academic.

Separate Opinions

PUNO,J. ,c on c u rrin g :Upholding the sovereign will of the people. The sovereignty of our people isthe primary postulate of the 1987 Constitution.Agrees with Davide that sovereignty isin d ivis ib le but it need not always beexercised 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.


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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 the

case at bar, it cannot be held with certitude that the people of Sorsogon

violated the law by voting for Frivaldo as governor. It will not be disastrous

for 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 asexpressed 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.

Davides Dissent Refutation of Dissent

Davide argues that President Aquino'smemorandum dated should be viewedas a suspension, not a repeal.(re lat e dto issue 1)

Whether it decrees a suspension or arepeal is a purely academic distinction.

Said issuance is not a statute that can

a

mend or abrogate an existing law

A

llowing Frivaldo to register and to

remain as a registered voter makes a

"mockery" of two previous judgments

declaring him a non-citizen. (related toissue 1.2 and 2)

Retroactivity did not change his

disqualifications in 1988 and 1992. His

qualification for the 1995 elections is the

one affected. No mockery

Petition must be filed within the2 5 -d ayperiod prescribed therein. (related toissue 5

There is no inconsistency nor conflict.

The court holds that issue may be

decided evenaf ter the fifteen day

p

eriod mentioned in Section 78.

frivaldo was not stateless prior to

repatriation. Informal renunciation or is

not a ground to lose American

citizenship. (related to issue 1.2

Courts cannot rule on the legal question

of who are or who are not Americans.

Furthermore, Comelec made a finding of

f

act to arrive at that conclusion.

Lee should be declared winner in all

three elections because Frivaldo's

ineligibility for being an American was

publicly known (related to issue 4)

There is no evidence of public

knowledge. It cannot also be public

knowledge if it is still being tried in

court. Declaring Lee as the winner would

constitute post facto for the previous

two electionsThe qualifications under Sec39 of the LocalGovernment Code refers to thoseof anele ct ive local officials and notelectedo ffic ials . (related to issue 1.1)

If the qualifications were intended to apply to

candidates, laws would have

stated so. Secondly, if Congress had

meant that the qualification be

possessed at election day at the latest, it

would have done so as it did in the other

qualificationsOnly after taking the oath of allegiance The provision should be understood as:


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shall applicants be deemed to have

reacquired Philippine citizenship.

(related to issue 1.2)

that after taking the oath of allegiance

the applicant is deemed to have

reacquired Philippine citizenship, which

reacquisition is deemed for all purposes

and intents to have retroacted to the

date of his application therefor

Frivaldo vs Comelec for Print

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