Professional Documents
Culture Documents
Frivaldo Vs COMELEC Case Brief
Frivaldo Vs COMELEC Case Brief
W/N Frivaldos repatriation was valid and legal. If it, did was it able to cure his lack
of citizenship. If not, may it be given a retroactive effect?
DECISION:
The Court dismissed the petition and affirmed the decision of COMELEC.
Under Sec. 39 of the Local Government Code, "(a)n elective local official must be:
A Citizen of the Philippines
The court held that the law does not specify any particular date or time when the
candidate must possess citizenship. At the same time, literally speaking, such
qualification of citizenship should thus be possessed when the elective [elected]
official begins to govern. In the instant case, Frivaldo re-assumed his citizenship on
the very day the term of office of governor (and other elective official) began; he
was therefore already qualified to be proclaimed, to hold the office and to discharge
the functions and responsibilities thereof as of said date.