Persons (Group 12)

JUAN G. FRIVALDO, petitioner, vs. COMMISSION ON ELECTIONS, and RAUL R. LEE, respondents.
June 28, 1996
Doctrine: Art. 49 of the NCC - Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by
special laws. (n)
Panganiban, J. :
FACTS:
On March 20, 1995, private respondent Juan G. Frivaldo filed his Certificate of Candidacy for the office of Governor of
Sorsogon in the May 8, 1995 elections.
On March 23, 1995 Raul R. 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" (Sec. 39 of the Local
Government Code), and that his Certificate of Candidacy be cancelled which was later granted on May 1, 1995.
The Motion for Reconsideration filed by Frivaldo remained unacted upon until after the May 8, 1995 elections. So, his
candidacy continued and he was voted for during the elections held on said date. On May 11, 1995, the Comelec en banc
affirmed the aforementioned Resolution of the Second Division.
On May 27, 1995, the canvass was issued showing the following votes obtained by the candidates for the position of Governor
of Sorsogon: Juan G. Frivaldo unquestionably obtained the highest number of votes and Raul R. Lee was the second placer in
the canvass
On June 9, 1995, Lee filed a (supplemental) petition praying for his proclamation as the duly-elected Governor of Sorsogon. At
8:30 in the evening of June 30, 1995, Lee was proclaimed governor of Sorsogon.
On July 6, 1995, Frivaldo filed with the Comelec a new petition praying for the annulment of the June 30, 1995 proclamation of
Lee and for his own proclamation. He alleged that on June 30, 1995, at 2:00 in the afternoon, 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". As such, when "the said order (dated June 21, 1995) (of the
Comelec) . . . was released and received by Frivaldo on June 30, 1995 at 5:30 o'clock in the evening, there was no more legal
impediment to the proclamation (of Frivaldo) as governor . . ."
On December 19, 1995, the Comelec First Division promulgated the herein assailed Resolution holding that Lee, "not having
garnered the highest number of votes," was not legally entitled to be proclaimed as duly-elected governor; and that Frivaldo,
"having garnered the highest number of votes,
and . . . having reacquired his Filipino citizenship by repatriation on June 30, 1995 under the provisions of Presidential Decree
No. 725 . . . (is) qualified to hold the office of governor of Sorsogon"; thus: granted the petition and declared the proclamation
of Raul Lee void. Frivaldo was later proclaimed governor for having the highest votes and being qualified.
On December 26, 1995, Lee filed a motion for reconsideration which was denied by the Comelec en banc in its Resolution
promulgated on February 23, 1996. On February 26, 1996, the present petition was filed. Acting on the prayer for a temporary
restraining order, this Court issued on February 27, 1996 a Resolution which inter alia directed the parties "to maintain the
status quo prevailing prior to the filing of this petition."
ISSUE/S:
1. Whether Juan G. Frivaldo was a citizen of the Philippines and eligible to be proclaimed governor
HELD:
1. Yes. It is true that under the Civil Code of the Philippines, "(l)aws shall have no retroactive effect, unless the contrary is
provided." But there are settled exceptions to this general rule, such as when the statute is CURATIVE or REMEDIAL in nature or
when it CREATES NEW RIGHTS.
A reading of P.D. 725 immediately shows that it creates a new right, and also provides for a new remedy, thereby filling certain
voids in our laws. P.D. 725 also provided a new remedy and a new right in favor of other "natural born Filipinos who (had) lost
their Philippine citizenship but now desire to re-acquire Philippine citizenship", because prior to the promulgation of P.D. 725
such former Filipinos would have had to undergo the tedious and cumbersome process of naturalization, but with the advent of
P.D. 725 they could now re-acquire their Philippine citizenship under the simplified procedure of repatriation.
The effect deemed to have retroacted to the date of his application therefor, August 17, 1994. The reason for this is simply
that if, as in this case, it was the intent of the legislative authority that the law should apply to past events -- i.e., situations
and transactions existing even before the law came into being -- in order to benefit the greatest number of former Filipinos
possible thereby enabling them to enjoy and exercise the constitutionally guaranteed right of citizenship, and such legislative
intention is to be given the fullest effect and expression, then there is all the more reason to have the law apply in a
retroactive or retrospective manner to situations, events and transactions subsequent to the passage of such law. That is, the
repatriation granted to Frivaldo on June 30, 1995 can and should be made to take effect as of date of his application. As earlier
mentioned, there is nothing in the law that would bar this or would show a contrary intention on the part of the legislative
authority; and there is no showing that damage or prejudice to anyone or anything unjust or injurious would result from giving

retroactivity to his repatriation. Neither has Lee shown that there will result the impairment of any contractual obligation,
disturbance of any vested right or breach of some constitutional guaranty.
Notes:
1. DISMISSED for being moot and academic. In any event, it has no merit
2. See PD 975
3. See Sec. 39 of the Local Government Code