Frivaldo v. Commission on Elections

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 PFR- WAIVER OF RIGHTS

Case Digest: Frivaldo v. Commission on Elections

G.R. No. 120295, June 28, 1996
Petitioner: Francisco H. Frivaldo
Respondent: Commission on Elections (COMELEC)

Facts:

Francisco Frivaldo was elected Governor of Sorsogon in the May 11, 1992 elections. However, his election was challenged on the ground that he was not a Filipino citizen at the time of the election — a constitutional requirement for holding public office under Section 39 of the Local Government Code and Section 3, Article VI of the 1987 Constitution.

Frivaldo was previously naturalized as a U.S. citizen, and although he had taken steps to reacquire Philippine citizenship — filing a petition for repatriation under P.D. No. 725, which was granted by the Department of Justice on June 30, 1995 — this reacquisition came after the 1992 election and during his term.

The COMELEC ruled that Frivaldo was ineligible to hold office due to lack of citizenship at the time of election, and proclaimed Jose Solis, the second placer, as the rightful Governor.

Frivaldo elevated the matter to the Supreme Court, arguing that his repatriation retroacted to the filing date of the petition in 1987, thereby curing the disqualification.

Issues:

  1. Whether petitioner was a Filipino citizen at the time of the 1992 elections.

  2. Whether repatriation under P.D. No. 725 retroacts to the filing date of the petition.

  3. Whether petitioner, having accepted and served the office, waived his right to question the COMELEC ruling.

Ruling:

The Supreme Court held that:

  1. At the time of the 1992 elections, Frivaldo was not a Filipino citizen. His reacquisition of citizenship through repatriation under P.D. No. 725 became effective only upon approval of the petition by the Secretary of Justice on June 30, 1995, not retroactively from the date of filing.

  2. The Court clarified that repatriation under P.D. 725 does not retroact to the date of filing. Citing jurisprudence, the Court stated that repatriation “is effective only upon the approval of the application,” rejecting the theory of retroactivity.

  3. On the issue of waiver, the Court emphasized that constitutional qualifications for public office are not subject to waiver. Even if Frivaldo assumed office and served, this did not bar a challenge to his eligibility. The Court cited the doctrine that estoppel does not apply to matters involving public interest, such as qualifications for public office.

Thus, Frivaldo was held to be ineligible to hold the governorship in 1992 and thereafter, because he reacquired Filipino citizenship only in 1995 — long after the election. COMELEC's action in disqualifying him and installing Jose Solis was upheld.

Legal Doctrines and Principles:

  • Qualifications for elective office are continuing requirements.
    A candidate must possess the required qualifications not only at the time of election but throughout the tenure of the office.

  • Repatriation under P.D. No. 725 takes effect upon approval, not upon filing.
    Retroactivity cannot be presumed without clear legislative intent.

  • Waiver of qualification requirements is not allowed.
    A public office is a public trust, and the qualifications are prescribed by law and the Constitution. Estoppel and waiver have no place when the people’s sovereign will is at stake.

  • Second-placer rule applies when the winner is disqualified before proclamation.
    In such cases, the qualified candidate who received the next highest number of votes — in this case, Jose Solis — may be proclaimed winner.

Conclusion:

Frivaldo's assumption of office could not cure the fundamental defect of ineligibility due to lack of citizenship at the time of election. His repatriation in 1995 was too late. The Court affirmed COMELEC’s decision to proclaim Solis as Governor.

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