Frivaldo vs. COMELEC, G.R. No.

120295, June 28, 1996

Panganibang, J.:

Facts:
20 March 1995, private respondent Frivaldo filed his Certificate of Candidacy for the
office of Governor of Sorsogon in the 8 May 1995 elections. Petitioner Lee, another candidate,
filed a petition with the Comelec docketed as SPA No. 95-028 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. On 1 May 1995,
the Second Division of the Comelec promulgated a Resolution granting the petition. Frivaldo file
for Motion for Reconsideration which remained unacted and his candidacy continued where after
votes casted and Frivaldo obtained the highest votes for the position of Governor of Sorsogon.
9 June 1995, Lee filed in said SPA No. 95-028, a (supplemental) petition praying for his
proclamation as the duly-elected Governor of Sorsogon. Accordingly, at 8:30 in the evening of
30 June 1995, Lee was proclaimed governor of Sorsogon.
6 July 1995, Frivaldo filed with the Comelec a new petition, docketed as SPC No. 95-317,
praying for the annulment of the June 30, 1995 proclamation of Lee and for his own
proclamation. He alleged that on 30 June 1995, at 2:00 in the afternoon, he took his oath of
allegiance as a citizen of the Philippines after "his petition for repatriation under P.D. 725 which
he filed with the Special Committee on Naturalization in September 1994 had been granted". 19
December 1995, the Comelec First Division promulgated the herein assailed Resolution holding
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 30 June 1995 under the
provisions of Presidential Decree No. 725 is qualified to hold the office of governor of
Sorsogon."

Issue:
WON the repatriation of Frivaldo valid and legal?

Ruling:
Yes. The repatriation of Frivaldo is valid and legal. Article 49 of the Civil Code provides
that, “naturalization and the loss and reacquisition of citizenship of the Philippines are governed
by special laws.” To implement Article 49, P.D. 725 provided a new remedy and a new right in
favor of other "natural born Filipinos who lost their Philippine citizenship but now desire to re-
acquire Philippine citizenship". Being a former Filipino who has served the people repeatedly,
Frivaldo deserves a liberal interpretation of Philippine laws and whatever defects there were in
his nationality should now be deemed mooted by his repatriation. Furthermore, under Section
3(3) of the C.A. 63, “Philippine citizenship may be reacquired by subscribing to an oath
declaring his intention to renounce absolutely and perpetually all faith and allegiance to the
foreign authority, state or sovereignty of which he was a citizen or subject.” Section 3(4),
“Repatriation shall be effected by merely taking the necessary oath of allegiance to the
Commonwealth of the Philippines and registration on the proper civil registry.” By the laws of
the United States, petitioner Frivaldo lost his American citizenship when he took his oath of
allegiance to the Philippine Government when he ran for Governor in 1988, in 1992, and in
1995. Every certificate of candidacy contains an oath of allegiance to the Philippine
Government."
Based on the foregoing, the Supreme Court assailed Resolution dated 19 December 1995
that, “By the laws of the United States, petitioner Frivaldo lost his American citizenship when he
took his oath of allegiance to the Philippine Government when he ran for Governor in 1988, in
1992, and in 1995. Every certificate of candidacy contains an oath of allegiance to the Philippine
Government." making Frivaldo's Filipino citizenship valid and legal.