a.

Loss of Citizenship

1. Naturalization in a Foreign Country

Cases - REPUBLIC VS. DELA ROSA 232 SCRA 785 (1994)

These consolidated petitions docketed as GR No. 104654 (petition for certiorari), GR No. 105715 (petition for certiorari,
mandamus with injunction) and GR No. 105735 (petition for mandamus) which, principally involve the same issues and
parties questioning the citizenship of private respondent (Juan G. Frivaldo).

GR No. 104654
This petition for certiorari filed by the Republic of the Philippines
(a) to annul the Decision of RTC, Branch 28, Manila which re-admitted Juan Frivaldo as Filipino Citizen under the
Revised Naturalization Law.
(b) To nullify the oath of allegiance taken by private respondent on February 27. 1992

FACTS:
September 20 1991 – Juan Frivaldo filed a petition for naturalization to be re-admitted as citizen of the Philippines under
Commonwealth Act No. 63

October 7, 1991 – respondent judge set the petition for hearing on March 16, 1992 and directed the publication of the
said petition in the Official Gazette and newspaper of general circulation.

January 14, 1992 – Juan filed a motion to set the hearing ahead of schedule where he manifested his intention to run for
public office in May 1992 Election.

January 24, 1992 – the motion was granted wherein the hearing was moved to February 21, 1992. The said order was
not published nor a copy thereof posted.

February 21, 1992 – the hearing proceeded where private respondent submitted the following documents
(1) Affidavit of Publication
(2) Certificate of Publication of the order issued by the National Printing Office
(3) Notice of Hearing of Petition
(4) Photocopy of Citation issued by the National Press Club
(5) Certificate of Appreciation issued by the Rotary Club Davao
(6) Photocopy of Plaque of Appreciation issued by Republican College
(7) Photocopy of a Plaque Appreciation issued by Davao-Bicol Assoc
(8) Certification issued by the Records Management
(9) Certificate of Naturalization issued by United States District Court

February 27, 1992 – the petition of private respondent was Granted, re-admitting him as citizen of the republic of the
Philippines by naturalization. On the same date, Juan was allowed to take his oath of allegiance.

March 16, 1992 – a motion for reconsideration was filed by Quiterio H. Hermo, he alleged that the proceedings were
tainted with jurisdictional defects.

March 18, 1992 – Solicitor General interposed a timely appeal directly with the supreme court.

ISSUE:
(1) Whether or not the petition granted by respondent judge to Juan Frivaldo were tainted with jurisdictional
defects.

GR No. 105715
This is a petition for certiorari, mandamus with injunction to annul the Resolution of the COMELEC which
dismissed petitioner (RAUL LEE’s) petition docketed as SPC Case No. 92-273 praying to annul the proclamation of Juan
Frivaldo as Governor Elect of the province of Sorsogon.

FACTS:
June 1, 1992 – petitioner filed a petition with the COMELEC to annul the proclamation of Juan Frivaldo as Governor Elect
of the province of Sorsogon.
June 10, 1992 – COMELEC dismissed the petition for having been filed out of time, citing Section 19 of R.A. No. 7166. It
provides that to appeal a ruling of the board of canvassers on questions affecting its composition or proceedings was
three days.

Petitioner argues that the COMELEC acted with grave abuse of discretion. He also claims that the inclusion of Juan
Frivaldo in the registered voters was invalid and Frivaldo’s grant of Filipino Citizenship is not yet conclusive.

ISSUE:
(1) Whether or not the COMELEC had acted with grave abuse of discretion when it ignored private respondents
inconclusive grant of Filipino Citizenship.

GR No. 105735
This is a petition for mandamus with prayer for temporary restraining order. The petition prayed for the cancellation of
private respondent’s certificate of candidacy and the deletion of his name from the list of registered voters in Sorsogon.

Private respondent denied the allegations and averred that Quiterio Hermo has no standing to file the petition; that the
decision re-admitting him to Philippine citizenship was presumed to be valid; that no case had been filed to exclude his
name as registered voter.

Raul Lee intervened in the petition for cancellation of Juan Frivaldos COC. On May 13, 1992, he urged COMELEC to
decide the petition for cancellation, wherein COMELEC concedes the Frivaldo has not yet reacquired his Filipino
citizenship. However, COMELEC submits that the disqualification of a candidate is not among the grounds allowed in the
pre-proclamation controversy and also the petition was filed out of time.

Main Issue: Whether or not Juan Frivaldo has re-acquired his Filipino Citizenship

Ratio Decidendi

GR NO. 104654
Juan Frivaldo alleges that the precarious political atmosphere during the Martial Law compelled him to seek
asylum in the United States and eventually renounce his Philippine citizenship. He tried to reacquire his Philippine
citizenship through repatriation and direct act of Congress, but it failed to materialize. He having opted to reacquire his
Philippine citizenship thru naturalization under the Revised Naturalization Law, is duty bound to follow the procedure
prescribed by the said law.
The court never acquired jurisdiction to hear the petition for naturalization of private respondent. The
proceedings conducted, the decision rendered and the oath of allegiance taken therein, are null and void for failure to
comply with the publication and posting requirements under the Revised Naturalization Law. The Appeal of the Solicitor
General in behalf of the Republic of the Philippines is meritorious, the naturalization proceedings were full of procedural
flaws, rendering the decision an anomaly.

GR NO. 105715
In view of the finding in GR NO 104654 that private respondent is not yet a Filipino citizen, we have to grant the
petition in GR NO 105715 after treating it as a petition for certiorari instead of mandamus. Said petition assails the
resolution of the COMELEC, which in turn is a petition to annul private respondents’ proclamation on three grounds
1. That the proceedings and composition of the Provincial Board of Canvassers were not in accordance with law
2. That private respondent is an alien
3. That private respondent is not a registered voter.

The COMELEC dismissed the petition on the grounds that it was filed out of time. COMELEC failed to resolve the more
serious issue – the disqualification of the private respondent to be proclaimed Governor on grounds of lack of Filipino
citizenship.

GR NO. 105735
In view of the discussions in GR Nos 104654 and 105715. This petition is moot and academic.

WHEREFORE, the petitions in GR NOs 104654 and 105715 are both GRANTED while the petition in GR NO. 105735 is
DISMISSED. Private respondent is declared NOT a citizen of the Philippines and therefore DISQUALIFIED from continuing
to serve as GOVERNOR of the Province of Sorsogon.