G.R. No. 120295 & G.R. No. 123755 June 28, 1996
JUAN G. FRIVALDO, petitioner, vs. COMMISSION ON ELECTIONS, and RAUL R. LEE, respondents. RAUL R. LEE, petitioner, vs. COMMISSION ON ELECTIONS and JUAN G. FRIVALDO, respondents.

FACTS

Juan G. Frivaldo, a natural-born Filipino who lost his citizenship by naturalization in the United States, ran for Governor of Sorsogon in the May 1995 elections. Prior to the elections, Raul R. Lee filed a petition to disqualify Frivaldo on grounds of alienage. The COMELEC granted the petition and canceled Frivaldo’s certificate of candidacy. Despite this, Frivaldo’s name remained on the ballot, and he received the highest number of votes (73,440), while Lee placed second (53,304). After the canvass, Lee was proclaimed Governor on June 30, 1995, pursuant to a COMELEC order. However, on that same day, June 30, 1995, at 2:00 p.m., Frivaldo took his oath of allegiance and was repatriated to Philippine citizenship under P.D. No. 725. Subsequently, Frivaldo filed a petition to annul Lee’s proclamation and to proclaim himself as the rightful winner, arguing his disqualification had been cured by repatriation.

ISSUE

The principal issue is whether Juan G. Frivaldo, having garnered the highest number of votes but previously declared disqualified due to alien citizenship, became qualified to assume the office of Governor by virtue of his repatriation on June 30, 1995, which occurred after the elections but before Lee’s proclamation.

RULING

The Supreme Court ruled in favor of Frivaldo, upholding his eligibility and right to the office. The legal logic proceeds from several key principles. First, the Court clarified that repatriation under P.D. No. 725 results in the full restoration of one’s original citizenship, retroactive to the date of the application. Since Frivaldo filed his petition for repatriation in September 1994, his citizenship was deemed restored prior to the May 1995 elections, thereby curing his earlier disqualification. Second, the Court emphasized that the will of the electorate is paramount. Frivaldo’s overwhelming victory demonstrated the people’s clear mandate, which should not be nullified by a technicality that was subsequently rectified. The votes cast for him were not considered “stray” but valid expressions of popular sovereignty. Third, the Court rejected Lee’s claim to the office, reiterating the doctrine that a second-placer cannot assume victory simply because the winner is ineligible; the ineligibility must exist at the time of the election or, as held here, must be permanent and not subject to removal within the term. Since Frivaldo’s disqualification was cured by repatriation, no permanent vacancy existed. Consequently, Lee’s proclamation was annulled, and Frivaldo was declared the duly elected Governor.