Juan Frivaldo

vs.
Commission On Election and Raul Lee (1996)

(Time Of Possession Of Qualifications)

 Frivaldo vs. COMELEC and Lee (1996)

Facts:
• Consolidated Case filed by both Petitioner and
Respondent
• Petitioner Frivaldo is the winning candidate for
the office of Governor of Sorsogon attaining the
highest number of votes.
• Respondent Lee is another candidate for the
same position seeking to disqualify the petitioner
by questioning his citizenship in the 1995
election and holding any public office.
 Frivaldo vs. COMELEC and Lee (1996)
• Respondent Lee filed a petition to disqualify the
petitioner and have his certificate of candidacy
cancelled
• The 2nd division of the COMELEC disqualified the
petitioner on the ground that he is not a citizen
of the Philippines
• COMELEC en banc affirmed the 2nd division’s
decision.
• The Provincial Board Of Canvassers completed
the canvassing of the election return and
reflected that Petitioner won and respondent in
2nd place.
 Frivaldo vs. COMELEC and Lee (1996)
• Lee filed a petition for his proclamation as the
duly-elected Governor of Sorsogon from which
the COMELEC en banc affirmed and directed his
proclamation. Respondent was proclaimed as
governor at 8:30pm of June 30, 1995
• Petitioner filed a petition for the annulment of
the proclamation of the respondent. He alleged
that he took his oath of allegiance as a citizen of
the Philippines at 2:00PM of June 30, 1995 after
his petition for repatriation under PD 725 and
that there was no more legal impediment to
proclaim him as governor.
 Frivaldo vs. COMELEC and Lee (1996)

• The COMELEC 1st division proclaimed

Petitioner to be qualified to hold the office of
the governor of Sorsogon and annulled the
respondent’s proclamation
 Frivaldo vs. COMELEC and Lee (1996)

Issue:

• Whether Frivaldo posses the necessary

qualifications to be proclaimed and hold
office as the governor of Sorsogon?
 Frivaldo vs. COMELEC and Lee (1996)

Ruling:
• Yes, Frivaldo posses the necessary
qualifications to be proclaimed and hold office
as the governor of Sorsogon
• Philippine citizenship is an indispensable
requirement for holding elective public office
 Frivaldo vs. COMELEC and Lee (1996)
• Local Government Code of 1991 under Section
39 expressly requires citizenship as qualification
for elective local officials, including of provincial
governor
– A citizen of the Philippines
– A registered voter In the baranggay, municipality, city
or province … where he intends to be elected
– A resident therein for at least 1 year immediately
preceding the day of the election
– Able to read and write Filipino or any other local
language or dialect
– At least 23 years of age on election day
 Frivaldo vs. COMELEC and Lee (1996)
• Frivaldo re-assumed his citizenship on June 30, 1995 the very day
the term of office of governor began. He was therefore already
qualified to be proclaimed to hold such office and to discharge the
functions and responsibilities thereof.
• Section 39 of the Local Government Code speaks of Qualifications
of Elective Officials and not candidates. Thus the qualification
should not be required at the time of the election or at the time of
filling of the certificates of candidacies but when the elective
official begins to govern at the time he is proclaimed and the start
of his term.
• The repatriarion of Frivaldo Retroacted to the date of the filling of
his application on August 17, 1994, thus any question regarding
Frivaldo’s status as a registered voter would be settled for his
Filipino citizenship was restored as of August 17, 1994. His previous
registration as a voter is likewise deemed validated as of said date.