G.R. No. 104654 – 232 SCRA 785 – Political Law; Constitutional Law – General Principles – Elements of a State – People – Citizenship – Naturalization – Procedure must be strictly followed
Election Law – Labo Doctrine – Second Placer Doctrine – Second Placer Cannot be Declared the Winner if First Placer was Later Disqualified
In 1989, Juan Frivaldo was disqualified by the Supreme Court from serving as governor of Sorsogon on the ground that he failed to re-acquire his Filipino citizenship after being naturalized as an American. In preparation for the 1992 elections, Frivaldo filed a Petition for Naturalization in 1991. Judge Rosalio De La Rosa then issued an Order setting the case for hearing on 16 March 1992. Judge De La Rosa likewise ordered for the publication of the Order.
In January 1992, Frivaldo moved that the 16 March 1992 hearing be moved to 21 February 1992 on the ground that the last filing of certificates of candidacy is on 15 March 1992. His motion was granted but the Order granting the motion was never published.
On 21 February 1992, Frivaldo testified as the sole witness. Thereafter, his petition was granted and he took his oath of allegiance before Judge De La Rosa.
The Solicitor General appealed the Decision to the Supreme Court. Meanwhile, Frivaldo won the governorship of Sorsogon and was declared the winner. The SolGen argued that the proceeding was invalid for the reason that the Order moving the jurisdictional hearing was not published. Frivaldo argues that his being popular, being well-known, being martial law hero, is a substantial compliance to the publication requirement.
ISSUE: Whether or not Frivaldo re-acquired his Filipino Citizenship.
HELD: No. Frivaldo, having opted to reacquire Philippine citizenship thru naturalization under the Revised Naturalization Law, is duty bound to follow the procedure prescribed by the law. It is not for an applicant to decide for himself and to select the requirements which he believes, even sincerely, are applicable to his case and discard those which he believes are inconvenient or merely of nuisance value. The law does not distinguish between an applicant who was formerly a Filipino citizen and one who was never such a citizen. Frivaldo was again declared disqualified to serve as Governor of Sorsogon.
SIDE ISSUE: Raul Lee, Frivaldo’s rival in the election, obtained the second-highest vote. Lee now wants the votes cast for Frivaldo be declared as stray and that he (Lee) be declared the winner. Is this allowed?
HELD No. As declared in Labo vs COMELEC, where the candidate who obtained the highest number of votes is later declared to be disqualified to hold the office to which he was elected, the candidate who garnered the second highest number of votes is not entitled to be declared winner.
