FRIVALDO VS COMELEC

Posted by kaye lee on 10:58 PM

G.R. No. 87193, 23 June 1989 [Naturalization; Reacquisition]
FACTS:
Juan G. Frivaldo was proclaimed governor of the province of Sorsogon and assumed office in
due time. The League of Municipalities filed with the COMELEC a petition for the annulment
of Frivaldo on the ground that he was not a Filipino citizen, having been naturalized in the
United States.
Frivaldo admitted the allegations but pleaded the special and affirmative defenses that he
was naturalized as American citizen only to protect himself against President Marcos during
the Martial Law era.
ISSUE:
Whether or not Frivaldo is a Filipino citizen.
RULING:
No. Section 117 of the Omnibus Election Code provides that a qualified voter must be,
among other qualifications, a citizen of the Philippines, this being an indispensable
requirement for suffrage under Article V, Section 1, of the Constitution.
He claims that he has reacquired Philippine citizenship by virtue of valid repatriation. He
claims that by actively participating in the local elections, he automatically forfeited
American citizenship under the laws of the United States of America. The Court stated that
that the alleged forfeiture was between him and the US. If he really wanted to drop his
American citizenship, he could do so in accordance with CA No. 63 as amended by CA No.
473 and PD 725. Philippine citizenship may be reacquired by direct act of Congress, by
naturalization, or by repatriation.