G.R. Nos. 120295 and 123755, June 28, 1996

FACTS:

Raul R. Lee, a candidate for  the position of Governor of Sorsogon, filed a petition with the Comelec for disqualification of Frivaldo by reason of not yet being a citizen of the Philippines.  COMELEC declares Frivaldo disqualified. The Motion for Reconsideration filed by Frivaldo remained unacted upon until after the May 8, 1995 elections. So, his candidacy continued and he was voted for during the elections held on said date. On May 11, 1995, the Comelec en banc affirmed the aforementioned Resolution of the Second Division.

Frivaldo won the election but Comelec en banc directed the Board of Canvassers to declare candidate Raul Lee as the winning gubernatorial candidate.

Frivaldo alleged that he had successfully acquired citizenship by repatriation under P.D. No. 725; that he took his oath of allegiance on June 30, 1995.