Republic v.

De La Rosa
Facts
G.R. No. 104654

Petitioner (R.P.) filed a Petition for Naturalization for Juan G.

Frivaldo under C.A. No. 473

Order: set the Petition for Hearing on March 16, 1992 and
directed the publication of the Order and Petition in the O.G. and a
newspaper of general circulation for 3 consecutive weeks with the
last publication being at least 6 months before the date of the
hearing; posting of a copy of the Order and Petition in a
conspicuous place in the Office of the Clerk of Court of RTC, Manila

Motion to Set Hearing Ahead of Schedule: Frivaldo intended

to run in the May 1992 elections and requested that the hearing
be moved from March 16 to January 24

Order: motion was granted and hearing set on February 21,

1992; Order was not published nor a copy posted

Hearing: Frivaldo submitted the documentary evidences and

was the sole witness;

Decision: Petition was granted 6 days later and Frivaldo took his
oath of allegiance

Motion for Leave of Court to Intervene and to Admit

Motion for Reconsideration: filed by Quiterio Hermo and
alleged that the proceedings were tainted with judicial defects;
SolGEn interposed an appeal directly with the SC

Petition for certiorari: annul the decision of RTC, Branch 28,

Manila; nullify the oath of allegiance taken by private respondent
(Frivaldo)
G.R. No. 105715

Petitioner (Raul Lee) was the official candidate of LDP and

Frivaldo the official candidate for Lakas-NUCD for the position of
Governor of Sorsogon

Petition for Annulment of Proclamation: the proceedings

and composition of the Provincial Board of Canvassers were not in
accordance with law; Frivaldo is an alien whose citizenship is
under question in G.R. No. 104654; Frivaldo is not a duly
registered voter; votes for Frivaldo be considered as stray votes;
Lee be proclaimed the winner

En banc Resolution: Petition is dismissed for having been filed

out of time

Petition for certiorari, mandamus with injunction with

Prayer for TRO: annul the en banc Resolution of COMELEC; annul
the proclamation of Frivaldo as Governor-elect of the Province of
Sorsogon; deletion of Frivaldo's name from the list of candidates;
proclamation of Lee as the winner; enjoin Frivaldo from taking oath
and assuming office; compel COMELEC to resolve the pending
disqualification case against Frivaldo

G.R. No. 105735

Petition for Mandamus with Prayer for TRO: immediate

resolution by the COMELEC of the Petition for Cancellation of
Frivaldo's Ceritificate of Candidacy

Petition for Cancellation of Certificate of Candidacy:

Frivaldo is an American citizen and so, ineligible to run;
RTC decision was full of legal infirmities rendering it null
and void; the RTC Decision violated R.A. 530; Hearing was
held less than four months from the last date of
publication of the Order and Petition for Hearing

Answer to the Petition for Cancellation: (1) Quiterio Hermo

had no standing to file the Petition for Cancellation; (2) decision
to re-admit Frivaldo's citizenship was presumed to be valid;
(3) no case was filed to exclude Frivaldo's name as a registered
voter

COMELEC Answer: the issue of disqualification is not among

the grounds allowed in a pre-proclamation controversy; Petition for
Cancellation was filed out of time
Issue
Is Frivaldo still an American citizen or is he already a
naturalized Filipino Citizen?
Held

The naturalization proceedings was full of procedural

flaws, rendering the decision an anomaly: Hearing was set
ahead of the scheduled date without the corresponding publication
(Sec. 1, 530); Petition for Naturalization was heard within 6 months
from the last publication (same); Frivaldo was allowed to take the
oath of allegiance before the finality of judgement (same); Frivaldo
took his oath of allegiance without observing the 2 year waiting
period (same)
Frivaldo is duty bound to follow the procedure prescribed
by C.A. 473: the law does not distinguish between an applicant
who was formerly a Filipino and a foreigner
The RTC never acquired jurisdiction to hear the Petition
for Naturalization: the proceedings conducted, Decision
rendered and the oath of allegiance taken were null and void for
failure to comply with the publication and posting requirements
Petition for Naturalization lacks several allegations
required in Sec. 2 and 6 of C.A. 473: Sec. 2 (2), (3), (5), Sec. 6