CASE DIGESTS

(Persons and Family Relations)

Cases 15 and 16 were argued based on the grounds of retroactivity of the law.

Case no. 16 (G.R. No. 120295)

Dated 28th of June 1996
FRIVALDO v.s. COMELEC

Facts of the Case:

Juan Frivaldo ran again as Governor of Sorsogon and won. Raul Lee questioned his
citizenship and asked for disqualification. But the former said that he already pledged his
allegiance and reclaimed his Philippine citizenship by virtue of repatriation under the
Presidential Decree No. 725.
However Lee argued that Frivaldos repatriation was tainted with serious defects
having P.D. No. 725 as repealed by President Corazon Aquino.

Issue:
WON Frivaldos repatriation is valid and is given retroactive effect.

WON P.D. 725 was impliedly repealed by President Corazon Aquino

Held:
The court ruled Frivaldos repatriation valid and legal because of the curative nature
of P.D. No. 725, his repatriation retroacted to the date of filing of his application to run
for governor.
Laws are repealed only by subsequent ones and a repeal maybe express or implied
no express repeal was made because then President Aquino in her memorandum based

on the copy furnished us by Lee did not categorically and/or impliedly state that P.D. 725
was being repealed.