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    Frivaldo vs. COMELEC (1996) Facts

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    Nivra Lyn Empiales
    Juan Frivaldo ran for governor but was disqualified from running due to not being a citizen. He filed for repatriation to regain citizenship, which was approved after the election where he received the most votes. The COMELEC ruled that his repatriation cured his lack of citizenship and made him qualified to hold the office, as citizenship only needs to be held at the time of proclamation and start of term.

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    Frivaldo vs. COMELEC (1996) Facts

    Uploaded by

    Nivra Lyn Empiales
    13 views1 page
    Juan Frivaldo ran for governor but was disqualified from running due to not being a citizen. He filed for repatriation to regain citizenship, which was approved after the election where he received the most votes. The COMELEC ruled that his repatriation cured his lack of citizenship and made him qualified to hold the office, as citizenship only needs to be held at the time of proclamation and start of term.

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    Juan Frivaldo ran for governor but was disqualified from running due to not being a citizen. He filed for repatriation to regain citizenship, which was approved after the election where he received the most votes. The COMELEC ruled that his repatriation cured his lack of citizenship and made him qualified to hold the office, as citizenship only needs to be held at the time of proclamation and start of term.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views1 page

    Frivaldo vs. COMELEC (1996) Facts

    Uploaded by

    Nivra Lyn Empiales
    Juan Frivaldo ran for governor but was disqualified from running due to not being a citizen. He filed for repatriation to regain citizenship, which was approved after the election where he received the most votes. The COMELEC ruled that his repatriation cured his lack of citizenship and made him qualified to hold the office, as citizenship only needs to be held at the time of proclamation and start of term.

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    Frivaldo vs.

    COMELEC (1996)

    FACTS:
    Juan G. Frivaldo filed his Certificate of Candidacy for the office of Governor of
    Sorsogon in the May 8, 1995 elections. Petitioner Raul R. Lee, another candidate, filed a
    petition with the COMELEC praying that Frivaldo "be disqualified from seeking or holding
    any public office or position by reason of not yet being a citizen of the Philippines", and that
    his Certificate of Candidacy be canceled. The Second Division of the Comelec granted the
    petition and disqualified the respondent from running for the office. The Motion for
    Reconsideration filed by Frivaldo remained unacted upon until after the election. So, his
    candidacy continued and he was voted for during the elections held on said date. The
    Comelec en banc affirmed the Resolution of the Second Division. The Certificate of Votes
    was issued showing Frivaldo obtaining the highest number of votes. Lee filed a
    supplemental petition praying for his proclamation as the duly-elected Governor of
    Sorsogon. As such, when Frivaldo received the said order of the Comelec, no more legal
    impediment to his proclamation as governor. The Comelec First Division promulgated that
    Lee, "not having garnered the highest number of votes," was not legally entitled to be
    proclaimed as duly-elected governor; and that Frivaldo, "having garnered the highest
    number of votes, and having reacquired his Filipino citizenship by repatriation on June 30,
    1995 under the provisions of Presidential Decree No. 725 is qualified to hold the office of
    governor of Sorsogon.

    ISSUES:
    WON the repatriation of Frivaldo is valid and legal which seasonably cure his lack of
    citizenship as to qualify him to be proclaimed and to hold the Office of Governor.

    RATIO:
    Yes. Under Philippine law, citizenship may be reacquired by direct act of Congress,
    by naturalization or by repatriation. A Filipino citizen who lost his Filipino citizenship by
    naturalization abroad may reacquire his Filipino citizenship by filing a petition for
    repatriation pursuant to p. D. No. 725. Once the petition is approved, his reacquisition of
    Filipino citizenship retroacts to the date of the filing of said petition, validates his
    registration as a voter also as of said date, and makes him a qualified candidate for a local
    elective position. And his having obtained the majority votes entitles him to the position, it
    being sufficient that he be a citizen at the time he is proclaimed and at the start of his term
    of office to which he has been elected.

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