LEE v.

COMELEC
G.R. No. 120295, June 28, 1996

Facts: For the third successive time in the 1995 elections, Juan G. Frivaldo garnered the highest
number of votes, the first two instances he was disqualified by the Supreme Court to his
citizenship. March 1995, on the date of filing of the Certificate of Candidacy Raul Lee another
candidate for the position filed a motion to disqualify Frivaldo wherein the COMELEC granted
the petition. However, Frivaldo filed a motion for reconsideration but was only acted upon on
May 1995, after the elections wherein the COMELEC reaffirmed its resolution. Frivaldo as
stated earlier garnered the highest number of votes while Lee came in second with a wide
margin. Lee then filed for a petition to declare him the duly-elected Governor of Sorsogon and
on the evening of June 30, 1995 he was proclaimes as governor. On July 6, 1995 Frivaldo filed
a petition to the COMELEC praying for the annulment of the proclamation, he alleges that on
June 30, 1995 at 2 pm he has reacquired his Filipino citizenship thru PD 725. The petition was
granted by the COMELEC annulling the proclamation of Lee as governor. Lee filed a motion for
reconsideration to the COMELEC but was denied therefore this petition.

Issue/s: 1. WON the repatriation of Frivaldo was valid and legal?

Ruling: Yes, the Court ruled that the citizenship requirement in the Local Government Code is to
be possessed by an elective official at the latest as of the time he is proclaimed and at the start
of the term of office to which he has been elected. Frivaldo has complied with the repatriation
requirements of PD 725. He repatriated exactly at the time the term of office begins therefore
there are no more impediments to his proclamation as the winning candidate.
“Furthermore, since his reacquisition of citizenship retroacted to August 17,
1994, his registration as a voter of Sorsogon is deemed to have been
validated as of said date as well. The foregoing, of course, are precisely
consistent with our holding that lack of the citizenship requirement is not a
continuing disability or disqualification to run for and hold public office.”