G.R. No. 87193 – 255 Phil. 934 – 174 SCRA 245 – Political Law – Law on Public Officers – Citizenship of a Public Officer
In 1988, Juan Frivaldo won as governor of Sorsogon. Salvador Estuye, President of the League of Municipalities of Sorsogon, filed with the COMELEC a petition for annulment of Frivaldo’s election and proclamation because apparently, Frivaldo, in 1983, was naturalized as an American. In his defense, Frivaldo said that he was forced to be naturalized because the then President Marcos was after him; but that participating in the Philippine elections, he has effectively lost his American citizenship pursuant to American laws. He also assailed the petition as he claimed that it is in the nature of a quo warranto which is already filed out of time, the same not being filed ten days after his proclamation.
ISSUE: Whether or not Frivaldo can validly serve as a governor.
HELD: No. He has not regained Filipino citizenship. As far as Philippine law is concerned, he is not a Filipino. He lost his citizenship when he declared allegiance to the United States. Even if he did lose his US citizenship, that did not restore his being a Filipino because he did not undergo naturalization or repatriation proceedings. Neither did his participation in the 1988 elections restore his Philippine citizenship. At best, he is a stateless person. He cannot serve as governor when he owes allegiance to a foreign state. The fact that he was elected by the people of Sorsogon does not excuse this patent violation of the salutary rule limiting public office and employment only to the citizens of this country. The qualifications prescribed for elective office cannot be erased by the electorate alone. The will of the people as expressed through the ballot cannot cure the vice of ineligibility, especially if they mistakenly believed, as in this case, that the candidate was qualified. Obviously, this rule requires strict application when the deficiency is lack of citizenship. If a person seeks to serve in the Republic of the Philippines, he must owe his total loyalty to this country only, abjuring and renouncing all fealty and fidelity to any other state.
