Frivaldo vs. COMELEC Case Brief

PERSONS AND FAMILY RELATIONS

TOPIC: ARTICLE IV OF THE NEW CIVIL CODE  FRIVALDO VS. COMELEC

[On Matters of Retroactivity Only]  Ponente: Justice PANGANIBAN, 1996 FACTS: Petitioner Frivaldo filed his certificate for Candidacy for Governor about 3 weeks before the election. Private Respondent Lee, another candidate for the said position, filed a petition to disqualify Frivaldo by reason of not being a citizen of t he Philippines. A week before the election, Second Division of COMELEC promulgated a resolution granting the petition of Lee. A motion for Reconsideration was filed by Frivaldo which remained unacted until after the elections. Thus, his candidacy continued and he was voted during the elections. Few days after the Election, COMELEC En Banc affirmed the promulgated resolution of the Second Division. Frivaldo garnered the highest number of vote s in the said election. Lee filed a petition praying for his proclamation as Governor. Lee was then proclaimed as Governor. Frivaldo filed a petition for annulment of the proclamation of Lee and for his own proclamation alleging that he had already taken his oath of allegiance as a citizen of the Philippines which he filed a couple of  months ago before the election.

Frivaldo’s motion was recognized and was then proclaimed as Governor. Lee filed a motion for reconsideration re consideration which was denied by COMELEC En Banc. ISSUES: Private Respondent Lee filed this instant petition for Certiorari, Preliminary Injunction, and Annulment of the COMELEC decision and resolution.

W/N Frivaldo’s repatriation was valid and legal. If it, did was it able to cure his lack of citizenship. If not, may it be given a retroactive effect?

DECISION: The Court dismissed the petition and affirmed the decision of COMELEC. Under Sec. 39 of the Local Government Code, "(a)n elective local official must be: A Citizen of the Philippines The court held that the law does not specify any particular date or time when the candidate must possess citizenship. At the same time, literally speaking, such qualification of citizenship should thus be

possessed when the “elective [elected] official” begins to govern. In the instant case, Frivaldo re assumed his citizenship on the very day the term of office of governor (and other elective official) began; he was therefore already qualified to be proclaimed, to hold the office and to discharge the functions and responsibilities thereof as of said date.