Frualdo vs.

COMELEC Facts: Petitioner was proclaimed governor-elect of the province of Sorsogon on January 22, 1988 and assumed office in due term. On October 27, 1988 the league municipalities, Sorsogon chapter pleaded by Salvador Estuye, filed with the COMELEC a petition for the annulment Frualdo's election and proclamation on the ground that he was not a Filipino citizen, having been naturalized in the U.S. On January 20, 1983. in frualdo's answer, he admitted that he was naturalized in the US but pleaded that he sought American citizenship only to protect himself against President Marcos. He also agreed that the challenge to his title be diminished, being a reality a quo warranto petition that should have been filed ten days from his proclamation, in accordance with Sec. 253 of the Omnibus Elections Code and the league, moreover, is no a proper party because it was not a voter and so could not sue under the said section. But the respondent COMELEC decided to set the case for hearing upon hearing on the merits. He then came in court in a petition for certiorari and prohibition to ask that the said orders be set aside on the ground of grave abuse of discretion. The court received a temporary order against the hearing on merits scheduled by the COMELEC and at the same time required comments from the respondents. Issue: Whether or not Frualdo should be prevented from continuing to discharge his office of governor because he is disqualified for doing so as a foreigner. Held: the court will not permit the anomaly of a person sitting as a provincial governor in this country while using exclusive allegiance to another country. 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 qualification prescribed for elective office cannot be erased by the electoral alone. The will of the people as expressed through ballot cannot cure the will of negligibility especially if they mistakenly believed , as in this case, that the candidate wad disqualified. Their rule was strictly apply when the deficiency is lack of citizenship. If a person seeks to serve in the Republic of the Philippines, he must one his total loyalty to his country and renouncing all fealty and fidelity to another state. If he really wanted to disarm the petition his American citizenship and require Philippine citizenship, the petitioner should have done by naturalization or by repatriation. While Frualdo does not invoke either of the first two methods, he nevertheless claims he has reacquired Philippine citizenship by virtue of valid repatriation. By actively participating in the election of this country he automatically fulfilled American citizenship under the laws of US but that was not concern of this country. As a result he became a stateless person. Mere taking of oath of allegiance is not sufficient for reacquisition of Filipino citizen. A would be repatriate must show by conclusive evidence that he has the qualification for repatriation or else file a petition with CFI. Petition dismissed. Frualdo is declared not a citizen of the Philippine and therefore disqualified from serving the Government of the province of Sorsogon. TRO is filed.