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

JUAN G. FRIVALDO vs. COMELEC and RAUL R. LEE

G.R. No. 123755. June 28, 1996.

RAUL R. LEE vs. COMELEC and JUAN G. FRIVALDO

FACTS:

Here are two (2) petitions filed against one another by political rivals Juan G. Frivaldo and Raul
R. Lee. The aforementioned men are candidates for the Gubernatorial race in the province of Sorsogon
in the May 8, 1995 Elections.

On one hand, Frivaldo argues that he should not be disqualified, as ruled initially by COMELEC,
because he has reclaimed his Philippine Citizenship by virtue of repatriation and being the highest vote-
getter during the elections, he should be proclaimed governor of Sorsogon.

On the other hand, Lee contests the validity of Frivaldo’s repatriation and prays that his
proclamation not be annulled because he, being the second placer, should be proclaimed governor after
Frivaldo’s disqualification.

By virtue of a Resolution dated March 12, 1996, the Court consolidated G.R. Nos. 120295 and
123755 since they are intimately related in their factual environment and are identical in the ultimate
question raised, viz., who should occupy the position of governor of Sorsogon.

Juan G. Frivaldo

Frivaldo filed his Certificate of Candidacy on March 20, 1995. Three days after, Lee filed a
petition praying that Frivaldo “be disqualified from seeking or holding any public office or position by
reason of not yet being a citizen of the Philippines”. The Second Division of the Comelec granted the
same. Frivaldo filed a Motion for Reconsideration on the said matter but the same remained unacted
upon until after the May 8, 1995 elections. So, his candidacy continued and he was voted for during the
elections.

The Provincial Board of Canvassers released the election results on May 27, 1995. Frivaldo got
the highest number of votes with a total of 73, 440. Lee placed second with 53,304 votes.

On May 11, 1995, The Comelec en banc affirmed the Second Division’s resolution. Lee was
proclaimed Governor on June 30, 1995. Frivaldo filed a petition for the annulment of the proclamation
arguing that he has already taken his oath of allegiance as a citizen of the Philippines (2:00 in the
afternoon) prior to Lee’s proclamation (8:30 in the evening) after his “petition for repatriation under
P.D. 725 which he filed with the Special Committee on Naturalization on September 1994” had been
granted, leaving no legal impediment for his proclamation (of Frivaldo) as governor.
Raul R. Lee

Lee has been consistent in arguing that Frivaldo’s candidacy should be void because of his lack
of Philippine citizenship. On Frivaldo’s repatriation, Lee contends that it is tainted with serious defects
because 1) P.D. No. 725 had been effectively repealed by then President Corazon Aquino’s
memorandum dated March 27, 1987 directing the Special Committee on Naturalization to “cease and
desist from undertaking any and all proceedings within your functional area of responsibility as defined
under LOI No.270” , and 2)It was approved in just a day which “prevented a judicious review and
evaluation of the merits thereof” . And being the second placer, his proclamation as Governor of
Sorsogon should remain.

ISSUES:

1) Whether or not Frivaldo’s repatriation was valid and legal.

2) Whether or not Lee’s proclamation is valid notwithstanding his runner-up status.

RULING:

1) The repatriation of Frivaldo was valid and legal.

Contrary to Lee’s claim, P.D. No. 725 was not effectively repealed. No express repeal was made by then
President Aquino because she did not categorically and/or impliedly state that the said Presidential
Decree was being repealed or was being rendered without any legal effect. It is a basic rule in statutory
construction that repeals by implication are not favored. And on the matter of the approval of the
repatriation, Frivaldo said that he filed his application for repatriation with the Office of the President in
Malacañang on August 17, 1994. This was confirmed by the Solicitor General.

2) The proclamation of Lee is not valid.

The court has affirmed the repatriation of Frivaldo, therefore giving him the enjoyment of his Philippine
citizenship. And judging by the results of the election, with Frivaldo obtaining the highest number of
votes, he (Frivaldo)- not Lee- should be proclaimed as Governor. Lee’s proclamation was patently
erroneous and should now be corrected.

Justice Panganiban said in his decision, “And it is but right and just that the mandate of the people,
already twice frustrated, should now prevail.” It should be noted that prior to this election, Frivaldo,
despite garnering the highest number of votes in the 1988 and 1992 elections, was disqualified in both
times after being judicially declared as a non-Filipino.

WHEREFORE, in consideration of the foregoing:

(1) The petition in G.R. No. 123755 is hereby DISMISSED. The assailed “Resolutions of the
respondent Commission are AFFIRMED.
 (2) The petition in G.R. No. 120295 is also DISMISSED for being moot and academic. In any
event, it has no merit.

No costs.

SO ORDERED.