Frivaldo v. COMELEC (Digest)

Frivaldo v. COMELEC

FACTS: 1. Juan G. Frivaldo Frivaldo fled his Certifcate Certifcate o Candidacy Candidacy or elections on May 8, 1!. 1!. ". #aul $ee $ee %rayed that he &e dis'ualifed dis'ualifed ro( ro( see)in* or holdin* any any %u&lic o+ce o+ce &y reason reason o not yet &ein* a Fili%ino citien. -. CM/$/C CM/$/C *ranted *ranted $ee0s %etition %etition and declared declared Frivald Frivaldo o dis'ualifed dis'ualifed to run or *overnor *overnor o  Sorso*on or not &ein* a citien o the hili%%ines, cancellin* his certifcate o candidacy. 2. Frivaldo0s rivaldo0s candidacy candidacy continu continued ed and he 3as voted or durin* durin* the elections elections on held date, in 3hich he 3on 4May 11, 1!5. !. $ee %etitioned %etitioned %rayin* %rayin* or his %rocla(ation %rocla(ation as the the duly6elected duly6elected Governor Governor o Sorso*on. Sorso*on. 7. n, June "1, 1!, 1!, CM/$/ CM/$/C C direct directed ed rovi rovinci ncial al oard oard o Canvas Canvasser sers s o Sorso* Sorso*on on to %roclai( $ee to have 3on. 9. Frivald rivaldo o fled fled 3ith 3ith CM/$/ CM/$/C C the annul( annul(ent ent o such and that he &e %roclai %roclai(ed (ed as the the *overnor on the ollo3in* *rounds: a. e too) his oath o alle*iance alle*iance as a Fili%ino Fili%ino citien citien on June June -;, 1!, 1!, ater his his %etition or or re%at e%atri riat atio ion n unde underr < 9! 3hic 3hich h 3as 3as *ran *rante ted d &y S%ec S%ecia iall Co(( Co((it itte tee e on =aturaliation in Se%t. 12. &. n June -;, Friv Frivald aldo o too) his oath o alle*ia alle*iance nce under under < 9"! and there there 3as no (ore le*al i(%edi(ent to the %rocla(ation o hi( as *overnor. c. As an alternativ alternative. e. e averred averred that %ursuant %ursuant to Labo v. COMELEC, the >ice Governor, not $ee, should occu%y said %osition o *overnor. 8. CM/$/C %ro(ul*ated %ro(ul*ated Frivaldo Frivaldo as *overnor *overnor o Sorso*on. Sorso*on. . $ee fled (otion (otion or reconsid reconsiderati eration. on.