FRIVALDO V COMELEC

USA

Jan 22 1988 (Frivaldo)

proclaimed Gov-elect of Sorsogon +

assumed office in due time
Oct 27 1988

league of municipalities + Pres Estuye

Petition for annulment of Fs election +

proclamation

Ground: X PH citizen = naturalized in US

Fs contention: only to protect himself from

Pres Marcos + persecution by his agents
abroad

Quo warranto petition should be filed

within 10 days from his proclamation OEC
Sec 253

disqualified
Naturalized as an Australian after he married
an Australian.
Labo contends

his marriage = X make him Ausi;

but DC: Australian and Filipino;

Lost -> when his marriage with the

Australian was later declared void for being
bigamous.

(even if hes considered as an Australian)

Lack of citizenship = technicality

Issues:
1. Whether or not Labo can retain his public office.
2. Whether or not Lardizabal, who obtained the
second highest vote in the mayoralty race, can
replace Labo in the event Labo is disqualified.

Issue: WON F is a citizen of the Philippines at the

time of his election on 18 January 1988, as
provincial governor of Sorsogon.

LABO V COMELEC
AUSTRALIA

Held: Fs citizenship decided by COMELEC

through its counsel, SG = FOREIGNER
COC

Nov 19 1987

NBC of PH (w/o any mention of loss of such

status)

Evidence: naturalized (certification from US)

F wanted to disavow his US citizenship and
reacquire PH

He must have done such by: direct act of C,

naturalization or repatriation (But HE DID
NOT)

Fact that he was elected - X excuse this

patent violation
Qualifications for public office are continuing
requirements and must be possessed not
only at the time of appointment or election or
assumption of office but during the officers
entire tenure. Once any of the required
qualifications is lost, his title may be
seasonably challenged = DISQUALIFIED.
1988

Labo elected as mayor of Baguio City.

(Rival) Lardizabal

Petition for quo warranto vs Labo

Ground: Labo Australian citizen =

TORAYNO V COMELEC
PALIPATLIPAT

Held: No.
Labo X question the evidence presented against
him.
NATURALIZED AUSI:

1976. X marriage but act of subsequently

swearing by taking an oath of allegiance to
govt of Ausi
Not DC lost when he swore
Lardizabal = x assert, through the quo warranto
proceeding, that he should be declared the
mayor by reason of Labos disqualification
because he obtained the second highest
number of vote.
1995 elections

Emano elected + proclaimed Gov of

Misamis Oriental (3rd consecutive term)

COC = residence was declared to be in

Tagoloan, Misamis Oriental.
1997,

Executed a Voter Registration Record in

CDO City (geographically located in the
Province of Misamis Oriental), a highly
urbanized city, in which he claimed 20 years
of residence.
1998

COC for mayor of the city

His residence for the preceding two years

and five months was at 1409 San Jose

Street, Capistrano Subdivision, Gusa,
Cagayan de Oro City.
1998

Petitioners Rogelio M. Torayno Sr.,

Generoso Q. Eligan and Jacqueline M.
Serio, all residents of CDO City filed a
petition for:
Disqualification of Emano as mayoral
candidate, on the ground that he had
allegedly failed to meet the one-year
residence requirement.
Prior
to
the
resolution,
COMELEC
proclaimed private respondent as the duly
elected city mayor.
Thus, another petition before the Comelec

annulment of the election of private

respondent

proclamation of Damasing who had

garnered the next highest number of
votes, as the duly elected mayor of the
city.

DENIED -> MFR AND MFC

that the respondent is not a

resident or registered voter in CDO
COQUILA V COMELEC
US NAVY

Issue: WON petitioner satisfied the

requirement for the position of mayor.

Issue: WON he fulfilled the residency requirement to

qualify as a mayoralty candidate
Held: YES.
COMELEC: Actual resident of CDO for such a period
of time necessary to qualify him to run for mayor:

House in the city which has been existing

therein since 1973 and where his family has
been living since then. He actually resided
there before he registered as a voter in that
city in 1997.

Elected provincial official from residing

and/or registering as a voter in a highly
urbanized city + VL submitted as evidence
for the petitioners showing that the
respondent was a registered voter in
Misamis Oriental +
o Registration in said PN 12 does not
preclude the respondent from
registering anew in another place: X
bolster the petitioner's argument

Coquilla

Born of Filipino parents in Eastern Samar,

where he grew up and resided.
1965 Joined the US Navy + naturalized
1998 Came back from US.
2000 He took his oath as a citizen of the
Philippines repatriation

He applied for registration as a voter

filed his COC resident of Oras, Eastern

Samar for 2 years.
Respondent incumbent mayor of Oras who was
running for re-election

sought the cancellation of petitioners COC

on = residence only for 6 months

Petitioner was proclaimed mayor of Oras.

MERCADO V MANZANO
DUAL CITIZENSHIP

residency

Held: No. LGC: at least 1 year immediately

preceeding the day of the election
Residence

Domicile/legal residence

the place where a party actually or

constructively has his permanent home,
where he, no matter where he may be found
at any given time, eventually intends to
return and remain (animus manendi).

acquired by every person at birth.

place where the childs parents reside and

continues until the same is abandoned by
acquisition of a new domicile (domicile of
choice).
Petitioner

LOST his domicile of origin by becoming a

US citizen = US Navy in 1965.

From then on and until November 10, 2000,

when he reacquired Philippine citizenship,
he was an alien. = DISQUALIFIED.
M and M

Candidates for vice mayor of Makati

Respondent was then declared the winning

candidate;

Proclamation suspended in view of a

pending petition for disqualification filed by
Mamaril

alleged that not a PH but US citizen =

Granted

cancelled COC = Dual citizen

Respondent:

Registered as a foreigner + and PH citizen

(born of a PH father mother + in US)

He did not lose his Filipino citizenship =

Dual Citizen
Issue: WON Manzano is qualified to hold office as
VM

DELA

TORRE
COMELEC

FENCING

Held: HELD:
DC is different from DA.
By filing a COC when he ran for VM

elected PH citizenship

sufficed to renounce his US citizensip,

effectively removing any disqualification he
might have as a dual citizen.
COMELEC

Declared Petitioner from running for Mayor

of Cavinti, Laguna

Ground: found guilty by MTC Anti Fencing

Law (moral turpitude)

Sec 40 DQ: FJ of an offense involving MT

Petitioner contends:

DQ X apply as probation granted him by the

MTC -> suspended the execution of the
judgment of conviction

Admits all elements of Fencing

Issue: WON he is DQed due to a crime involving
moral turpitude.
Held: YES.
MT act of baseness, vileness, or depravity in the
private duties which a man owes his fellow
men, or to society in general, contrary to the
accepted and customary rule of right and duty
between man and woman or conduct contrary
to justice, honesty, modesty, or good morals
Element of F: Accused knows or should have known

that the said article, item, object or anything

of value has been derived from the proceeds
of the crime of robbery or theft = MORAL
TURPITUDE = DISQUALIFED