Republic v. De la Rosa
REITERATIONFacts
The Antecedents: The underlying dispute concerns the citizenship of Juan G. Frivaldo, who had previously been declared an alien and disqualified from serving as Governor of Sorsogon by this Court in Frivaldo v. Commission on Elections, 174 SCRA 245 (1989). This issue is again brought before the Court due to Frivaldo's subsequent attempt to reacquire Philippine citizenship through naturalization and his subsequent election as Governor. Procedural History: In G.R. No. 104654, the Republic of the Philippines seeks to annul a Regional Trial Court decision that re-admitted Juan G. Frivaldo as a Filipino citizen. This decision was rendered after Frivaldo filed a petition for naturalization. In G.R. No. 105715, Raul R. Lee filed a petition with the Commission on Elections (COMELEC) to annul Frivaldo's proclamation as Governor-elect, citing Frivaldo's alienage and other irregularities. The COMELEC dismissed Lee's petition for being filed out of time. G.R. No. 105735 is a petition for mandamus seeking the COMELEC's resolution of a petition to cancel Frivaldo's certificate of candidacy, which was based on his alleged alien citizenship and infirmities in his naturalization process. The Petition: G.R. No. 104654 is a petition for certiorari under Rule 45, arguing that the trial court lacked jurisdiction due to numerous procedural flaws in the naturalization proceedings, including inadequate publication and posting, and failure to meet statutory requirements for citizenship. G.R. No. 105715, treated as a petition for certiorari, argues that the COMELEC gravely abused its discretion by dismissing the petition to annul Frivaldo's proclamation on a technicality, ignoring the fundamental issue of his disqualification due to alienage. G.R. No. 105735, deemed moot, sought to compel the COMELEC to resolve the disqualification case. The core arguments revolve around Frivaldo's alleged continued alien status, rendering him ineligible for public office and for naturalization.
Issue(s)
Whether the RTC acquired jurisdiction to hear and grant the petition for naturalization of private respondent Juan G. Frivaldo. Whether the COMELEC committed grave abuse of discretion in dismissing Raul R. Lee's petition to annul the proclamation of Juan G. Frivaldo as Governor-elect of Sorsogon, specifically regarding the issue of Frivaldo's disqualification due to lack of Filipino citizenship. Whether the COMELEC committed grave abuse of discretion in failing to resolve the petition for cancellation of Juan G. Frivaldo's certificate of candidacy, and the effect of the rulings in G.R. No. 104654 and G.R. No. 105715 on this petition.
Ruling
The Court GRANTED the petitions in G.R. No. 104654 and G.R. No. 105715, and DISMISSED the petition in G.R. No. 105735. Private respondent Juan G. Frivaldo was declared NOT a citizen of the Philippines and therefore DISQUALIFIED from continuing to serve as Governor of the Province of Sorsogon. He was ordered to VACATE his office and SURRENDER the same to the Vice-Governor of the Province of Sorsogon once the decision becomes final and executory.
Ratio Decidendi
On the RTC's jurisdiction over the naturalization petition (G.R. No. 104654): The Court held that the RTC never acquired jurisdiction to hear the petition for naturalization of private respondent Juan G. Frivaldo. The proceedings, decision, and oath of allegiance were declared null and void due to the failure to comply with the mandatory publication and posting requirements under the Revised Naturalization Law. Compliance with these requirements is jurisdictional. Furthermore, the petition itself lacked essential allegations required by Sections 2 and 6 of the law, such as good moral character, continuous residence, ability to speak and write English or a principal dialect, intent to reside permanently, and justification for excusal from filing a declaration of intention. The petition was also not supported by the required affidavits of credible persons and a copy of the certificate of arrival. The advancement of the hearing date without proper publication and the premature taking of the oath of allegiance without observing the two-year waiting period under R.A. No. 530 were also fatal procedural flaws. On the COMELEC's dismissal of the petition to annul proclamation (G.R. No. 105715): The Court found that the COMELEC committed grave abuse of discretion in dismissing Raul R. Lee's petition to annul Frivaldo's proclamation solely on the ground of being filed out of time. While the COMELEC correctly noted the three-day period for questioning the proceedings and composition of the Provincial Board of Canvassers, it failed to address the more serious issue of Frivaldo's disqualification due to lack of Filipino citizenship. The Court treated this aspect as a petition for quo warranto, which is not covered by the strict appeal periods for pre-proclamation controversies. The Court reiterated that qualifications for public office are continuing requirements and that Frivaldo's alienage, established in G.R. No. 104654, rendered him disqualified. The argument that unseating Frivaldo would frustrate the will of the electorate was deemed untenable, as only Filipino citizens can hold public office, and the electorate's belief in Frivaldo's citizenship was mistaken. On the COMELEC's failure to resolve the petition for cancellation of certificate of candidacy (G.R. No. 105735): In light of the rulings in G.R. No. 104654 and G.R. No. 105715, the petition in G.R. No. 105735 was rendered moot and academic. The core issue of Frivaldo's disqualification due to alienage had already been definitively resolved, making the demand for the COMELEC to resolve the cancellation petition unnecessary.
Main Doctrine
The naturalization proceedings conducted by the trial court were null and void for failure to comply with the mandatory publication and posting requirements under the Revised Naturalization Law, and for other procedural flaws, thus divesting the court of jurisdiction. Consequently, the private respondent, Juan G. Frivaldo, was not a Filipino citizen and was disqualified from holding the office of Governor.