Topic: Loss and Reacquisition of Citizenship; By repatriation under PD 725 Case: Frivaldo v.

Commission on Elections

Frivaldo ran and won as the Governor of Sorsogon. He was accused of not being a citizen of the Philippines because he
relinquished his citizenship during Marcos’ administration

FACTS:

 Private respondent Juan G. Frivaldo filed his Certificate of Candidacy for the office of Governor of Sorsogon in
the 8 May 1995 elections
 Raul Lee, another candidate, filed a petition with the COMELEC 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”, and that
his Certificate of Candidacy be cancelled.
 COMELEC granted the said petition and disqualified petitioner.
 Frivaldo filed for a Motion for Reconsideration which was unacted upon until the election so his candidacy
continued and was voted for during the elections
 COMELEC en banc affirmed its division’s decision
 The canvass of the election returns showed that Frivaldo won and Raul Lee was second.
 Lee filed a petition praying for his proclamation as the duly-elected Governor of Sorsogon
 At 8:30 pm of 30 June 1995, Lee was proclaimed governor of Sorsogon
 Frivaldo filed a petition praying for annulment of the proclamation of Lee and his own proclamation
alleging that on the at 2:00 pm of 30 June 1995, he took his oath of allegiance as a citizen of the Philippines
after “his petition for repatriation under P.D. 725 which he filed with the Special Committee on Naturalization in
September 1994 had been granted”.
 COMELEC held that Friveldo having garnered the highest number of votes and having reacquired his Filipino
citizenship by repatriation under the provisions of PD 725 is qualified to hold the office of governor of
Sorsogon.’”

ISSUE:

W/N the repatriation of Frivaldo was valid and legal

RULING:

Yes, his repatriation is valid, therefore, his Filipino citizenship is restored.

 PD 725 creates a new remedy and a new right in favor of “natural born Filipinos who (had) lost their Philippine
citizenship but now desire to reacquire Philippine citizenship”, because prior to the promulgation of PD 725
such former Filipinos would have to undergo the tedious and cumbersome process of naturalization, but with
the advent of PD 725 they could now reacquire their Philippine citizenship under the simplified procedure of
repatriation.
 The law does not specify any particular date or time when the candidate must possess citizenship. An official
begins to govern or to discharge his functions only upon his proclamation and on the day the law mandates his
term of office to begin. Since 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 govern his native Sorsogon.

ADDITIONAL NOTES:

*Under Philippine law, citizenship may be reacquired by:

o 1. Direct act of Congress
o 2. Naturalization
o 3. Repatriation

*Frivaldo acquired US Citizenship to escape the Martial Law administration.