Frivaldo vs.

Comelec

EN BANC, G.R. No. 87193. June 23, 1989.

Facts:

Juan G. Frivaldo was proclaimed governor-elect of the province of Sorsogon on

22 January 1988, and assumed office in due time. On 27 October 1988, the league of
Municipalities, Sorsogon Chapter represented by its President, Salvador Estuye, who was
also suing in his personal capacity, filed with the Comelec a petition for the annulment of
Frivaldo’s election and proclamation on the ground that he was not a Filipino citizen,
having been naturalized in the United States on 20 January 1983. Frivaldo admitted that
he was naturalized in the United States as alleged but pleaded the special and affirmative
defenses that he had sought American citizenship only to protect himself against
President Marcos. His naturalization, he said, was “merely forced upon himself as a
means of survival against the unrelenting persecution by the Martial Law Dictator’s
agents abroad.” He also argued that the challenge to his title should be dismissed, being
in reality a quo warranto petition that should have been filed within 10 days from his
proclamation, in accordance with Section 253 of the Omhibus Election Code.

Issue: Whether Juan G. Frivaldo was a citizen of the Philippines at the time of his
election on 18 January 1988, as provincial governor of Sorsogon.

Held:

The Commission on Elections has the primary jurisdiction over the question as
the sole judge of all contests relating to the election, returns and qualifications of the
members of the Congress and elective provincial and city officials. However, the decision
on Frivaldo’s citizenship has already been made by the COMELEC through its counsel,
the Solicitor General, who categorically claims that Frivaldo is a foreigner. The
Solicitor’s stance is assumed to have been taken by him after consultation with
COMELEC and with its approval. It therefore represents the decision of the COMELEC
itself that the Supreme Court may review.

In the certificate of candidacy filed on 19 November 1987, Frivaldo described

himself as a “natural-born” citizen of the Philippines, omitting mention of any subsequent
loss of such status. The evidence shows, however, that he was naturalized as a citizen of
the United States in 1983 per the certification from the United States District Court,
Northern District of California, as duly authenticated by Vice Consul Amado P. Cortez of
the Philippine Consulate General in San Francisco, California, U.S.A. There were many
other Filipinos in the United States similarly situated as Frivaldo, and some of them
subject to greater risk than he, who did not find it necessary — nor do they claim to have
been coerced — to abandon their cherished status as Filipinos. Still, if he really wanted to
disavow his American citizenship and reacquire Philippine citizenship, Frivaldo should
have done so in accordance with the laws of our country. Under CA No. 63 as amended
by CA No. 473 and PD No. 725, Philippine citizenship may be reacquired by direct act of
Congress, by naturalization, or by repatriation. He failed to take such categorical acts. He
anomaly of a person sitting as provincial governor in this country while owing exclusive
allegiance to another country cannot be permitted. 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 will of the people
as expressed through the ballot cannot cure the vice of ineligibility Qualifications for
public office are continuing requirements and must be possessed not only at the time of
appointment or election or assumption of office but during the officer’s entire tenure.
Once any of the required qualifications is lost, his title may be seasonably challenged.
Frivaldo is disqualified from serving as governor of Sorsogon.

Tecson vs. Commission on Elections

[GR 151434, 3 March 2004]; also Velez vs. Poe [GR 161823] and Fornier vs.
Commission on Elections [GR 151824]

En Banc, 1 concurs, 5 concur in separate opinions, 1 on leave but allowed to vote, 1 on

official leave, 3 dissent in separate opinions to which 2 joined

Facts:
On 31 December 2003, Ronald Allan Kelly Poe, also known as Fernando Poe, Jr.
(FPJ), filed his certificate of candidacy for the position of President of the Republic of the
Philippines under the Koalisyon ng Nagkakaisang Pilipino (KNP) Party, in the 2004
national elections. In his certificate of candidacy, FPJ, representing himself to be a
natural-born citizen of the Philippines, stated his name to be "Fernando Jr.," or "Ronald
Allan" Poe, his date of birth to be 20 August 1939 and his place of birth to be Manila.
Victorino X. Fornier, (GR 161824) initiated, on 9 January 2004, a petition (SPA 04-003)
before the Commission on Elections (COMELEC) to disqualify FPJ and to deny due
course or to cancel his certificate of candidacy upon the thesis that FPJ made a material
misrepresentation in his certificate of candidacy by claiming to be a natural-born Filipino
citizen when in truth, according to Fornier, his parents were foreigners; his mother,
Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national,
being the son of Lorenzo Pou, a Spanish subject. Granting, Fornier asseverated, that
Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino citizenship
to FPJ, the latter being an illegitimate child of an alien mother. Fornier based the
allegation of the illegitimate birth of FPJ on two assertions: (1) Allan F. Poe contracted a
prior marriage to a certain Paulita Gomez before his marriage to Bessie Kelley and, (2)
even if no such prior marriage had existed, Allan F. Poe, married Bessie Kelly only a
year after the birth of FPJ. On 23 January 2004, the COMELEC dismissed SPA 04-003
for lack of merit. 3 days later, or on 26 January 2004, Fornier filed his motion for
reconsideration. The motion was denied on 6 February 2004 by the COMELEC en banc.
On 10 February 2004, Fornier assailed the decision of the COMELEC before the
Supreme Court conformably with Rule 64, in relation to Rule 65, of the Revised Rules of
Civil Procedure. The petition likewise prayed for a temporary restraining order, a writ of
preliminary injunction or any other resolution that would stay the finality and/or
execution of the COMELEC resolutions. The other petitions, later consolidated with GR
161824, would include GR 161434 and GR 161634, both challenging the jurisdiction of
the COMELEC and asserting that, under Article VII, Section 4, paragraph 7, of the 1987
Constitution, only the Supreme Court had original and exclusive jurisdiction to resolve
the basic issue on the case.

Issue: Whether FPJ was a natural born citizen, so as to be allowed to run for the offcie of
the President of the Philippines.

Held:
Section 2, Article VII, of the 1987 Constitution expresses that "No person may be
elected President unless he is a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day of the election, and a resident
of the Philippines for at least ten years immediately preceding such election." The term
"natural-born citizens," is defined to include "those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their Philippine
citizenship." Herein, the date, month and year of birth of FPJ appeared to be 20 August
1939 during the regime of the 1935 Constitution.

Through its history, four modes of acquiring citizenship - naturalization, jus soli,
res judicata and jus sanguinis – had been in vogue. Only two, i.e., jus soli and jus
sanguinis, could qualify a person to being a “natural-born” citizen of the Philippines. Jus
soli, per Roa vs. Collector of Customs (1912), did not last long. With the adoption of the
1935 Constitution and the reversal of Roa in Tan Chong vs. Secretary of Labor (1947),
jus sanguinis or blood relationship would now become the primary basis of citizenship by
birth. Considering the reservations made by the parties on the veracity of some of the
entries on the birth certificate of FPJ and the marriage certificate of his parents, the only
conclusions that could be drawn with some degree of certainty from the documents
would be that (1) The parents of FPJ were Allan F. Poe and Bessie Kelley; (2) FPJ was
born to them on 20 August 1939; (3) Allan F. Poe and Bessie Kelley were married to
each other on 16 September, 1940; (4) The father of Allan F. Poe was Lorenzo Poe; and
(5) At the time of his death on 11 September 1954, Lorenzo Poe was 84 years old. The
marriage certificate of Allan F. Poe and Bessie Kelley, the birth certificate of FPJ, and the
death certificate of Lorenzo Pou are documents of public record in the custody of a public
officer. The documents have been submitted in evidence by both contending parties
during the proceedings before the COMELEC. But while the totality of the evidence may
not establish conclusively that FPJ is a natural-born citizen of the Philippines, the
evidence on hand still would preponderate in his favor enough to hold that he cannot be
held guilty of having made a material misrepresentation in his certificate of candidacy in
violation of Section 78, in relation to Section 74, of the Omnibus Election Code. Fornier
has utterly failed to substantiate his case before the Court, notwithstanding the ample
opportunity given to the parties to present their position and evidence, and to prove
whether or not there has been material misrepresentation, which, as so ruled in
Romualdez-Marcos vs. COMELEC, must not only be material, but also deliberate and
willful. The petitions were dismissed.

Mo Ya Lim Yao vs. Commissioner of Immigration

[GR L-21289, 4 October 1971]

En Banc, Barredo (J): 4 concur, 1 reserves right to file separate concurring opinion, 1
concurs except as the interpretation accorded some American decisions as to which he is
not fully persuaded, 1 dissents in separate opinion

Facts:
On 8 February 1961, Lau Yuen Yeung applied for a passport visa to enter the
Philippines as a non-immigrant. In the interrogation made in connection with her
application for a temporary visitor's visa to enter the Philippines, she stated that she was a
Chinese residing at Kowloon, Hongkong, and that she desired to take a pleasure trip to
the Philippines to visit her greatgranduncle Lau Ching Ping for a period of one month.
She was permitted to come into the Philippines on 13 March 1961, and was permitted to
stay for a period of one month which would expire on 13 April 1961. On the date of her
arrival, Asher Y, Cheng filed a bond in the amount of P1,000.00 to undertake, among
others, that said Lau Yuen Yeung would actually depart from the Philippines on or before
the expiration of her authorized period of stay in this country or within the period as in
his discretion the Commissioner of Immigration or his authorized representative might
properly allow. After repeated extensions, Lau Yuen Yeung was allowed to stay in the
Philippines up to 13 February 1962. On 25 January 1962, she contracted marriage with
Moy Ya Lim Yao alias Edilberto Aguinaldo Lim an alleged Filipino citizen. Because of
the contemplated action of the Commissioner of Immigration to confiscate her bond and
order her arrest and immediate deportation, after the expiration of her authorized stay, she
brought an action for injunction with preliminary injunction. At the hearing which took
place one and a half years after her arrival, it was admitted that Lau Yuen Yeung could
not write either English or Tagalog. Except for a few words, she could not speak either
English or Tagalog. She could not name any Filipino neighbor, with a Filipino name
except one, Rosa. She did not know the names of her brothers-in-law, or sisters-in-law.
The Court of First Instance of Manila (Civil Case 49705) denied the prayer for
preliminary injunction. Moya Lim Yao and Lau Yuen Yeung appealed.

Issue: Whether Lau Yuen Yeung ipso facto became a Filipino citizen upon her marriage
to a Filipino citizen.

Held:
Under Section 15 of Commonwealth Act 473, an alien woman marrying a
Filipino, native born or naturalized, becomes ipso facto a Filipina provided she is not
disqualified to be a citizen of the Philippines under Section 4 of the same law. Likewise,
an alien woman married to an alien who is subsequently naturalized here follows the
Philippine citizenship of her husband the moment he takes his oath as Filipino citizen,
provided that she does not suffer from any of the disqualifications under said Section 4.
Whether the alien woman requires to undergo the naturalization proceedings, Section 15
is a parallel provision to Section 16. Thus, if the widow of an applicant for naturalization
as Filipino, who dies during the proceedings, is not required to go through a
naturalization proceedings, in order to be considered as a Filipino citizen hereof, it should
follow that the wife of a living Filipino cannot be denied the same privilege. This is plain
common sense and there is absolutely no evidence that the Legislature intended to treat
them differently. As the laws of our country, both substantive and procedural, stand
today, there is no such procedure (a substitute for naturalization proceeding to enable the
alien wife of a Philippine citizen to have the matter of her own citizenship settled and
established so that she may not have to be called upon to prove it everytime she has to
perform an act or enter into a transaction or business or exercise a right reserved only to
Filipinos), but such is no proof that the citizenship is not vested as of the date of marriage
or the husband's acquisition of citizenship, as the case may be, for the truth is that the
situation obtains even as to native-born Filipinos. Everytime the citizenship of a person is
material or indispensible in a judicial or administrative case, Whatever the corresponding
court or administrative authority decides therein as to such citizenship is generally not
considered as res adjudicata, hence it has to be threshed out again and again as the
occasion may demand. Lau Yuen Yeung, was declared to have become a Filipino citizen
from and by virtue of her marriage to Moy Ya Lim Yao al as Edilberto Aguinaldo Lim, a
Filipino citizen of 25 January 1962.