Frivaldo vs COMELEC

257 SCRA 727, June 28, 1996

FACTS:
On March 20, 1995, Petitioner Juan G. Frivaldo filed his Certificate of Candidacy for
the Office of Governor of Sorsogon in the May 1995 elections. Private respondent R
aul R. Lee, another candidate for the said position, filed a petition to disqualify
Frivaldo and cancel his Certificate of Candidacy by reason of being not a citizen of
the Philippines.
On May 1, 1995, the Second Division of COMELEC promulgated a resolution granting
the petition for Lee. Accordingly, Frivaldos Certificate of Candidacy was cancelled.
Frivaldo filed for a Motion for Reconsideration but was remained unacted upon until
after the May 8, 1995 elections. Hence, his candidacy continued and was voted
during the elections.
Frivaldo garnered the highest number of votes while Raul R. Lee garnered the
second highest number of votes.
Lee filed a petition praying for his proclamation as Governor.
At 2:00 in the afternoon of June 30, 1995, Frivaldo petitioned for repatriation under
PD 725 and took his oath of allegiance as a citizen of the Philippines in order to
regain his Filipino citizenship. On this same day, at 8:30 in the evening, however,
Lee was proclaimed as the newly-elected Governor of Sorsogon.
Lee filed with COMELEC a new petition, praying for the annulment of the June 30,
1995 proclamation of Lee and for his own proclamation, alleging the he had already
taken his oath of allegiance as a citizen of the Philippines, which he filed a couple of
months prior to the election.
Frivaldos petition was recognized by COMELEC and was thereafter, proclaimed as
Governor. Consequently, Lee filed a Motion for Reconsideration which was denied by
the COMELEC.
Issue:
Whether or Not Frivaldos repatriation was valid and legal
Whether or not PD 725 may cure his lack of citizenship as to qualify him to be
proclaimed Governor of Sorsogon
Held:
Yes, the repatriation of Frivaldo was valid and legal by reason of the curative nature
of PD 725. By their very nature, curative statutes are retroactive and reach back to past

events to correct errors or irregularities and to render valid and effective attempted acts which
would be otherwise ineffective for the purpose the parties intended.
In the case at bar, Frivaldo lost his Filipino citizenship on January 20, 1983 and
applied for repatriation on August 17, 1994. PD 725 was enacted on June 5, 1975.
While it is true that the law was already in effect at the time that Frivaldo became
an American citizen, nevertheless, it is not only the law itself (PD 725) which is to be
given retroactive effect, but even the repatriation granted under said law to Frivaldo
on June 30, 1995 is deemed to have retroacted to the date of his application
therefor, August 17, 1994. The reason for this is simply that if, as in this case, it was the
intent of the legislative authority that the law should apply to past events i.e., situations and
transactions existing even before the law came into being in order to benefit the greatest
number of former Filipinos possible thereby enabling them to enjoy and exercise the
constitutionally guaranteed right of citizenship, and such legislative intention is to be given the
fullest effect and expression, then there is all the more reason to have the law apply in a
retroactive or retrospective manner to situations, events and transactions subsequent to the
passage of such law. That is, the repatriation granted to Frivaldo on June 30, 1995 can and
should be made to take effect as of date of his application. This being so, all questions about his
possession of the nationality qualification whether at the date of proclamation (June 30, 1995) or
the date of election (May 8, 1995) or date of filing his certificate of candidacy (March 20, 1995)
would become moot. He is therefore, qualified to be proclaimed Governor of Sorsogon.