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Abdula vs. Guiani

Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor foun...
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Frivaldo vs. Comelec (1996)

Frivaldo vs. Comelec
GR No. 120295, June 28 1996, 257 SCRA 727

 FACTS:

 Juan G. Frivaldo ran for Governor of Sorsogon again and won. Raul R. Lee questioned his citizenship.

 He then petitioned for repatriation under Presidential Decree No. 725 and was able to take his oath of allegiance as a Philippine citizen.

However, on the day that he got his citizenship, the Court had already ruled based on his previous attempts to run as governor and acquire citizenship, and had proclaimed Lee, who got the second highest number of votes, as the newly elect Governor of Sorsogon.

 ISSUE:

 Whether or not Frivaldo’s repatriation was valid.

 HELD:

 The Court ruled his repatriation was valid and legal and because of the curative nature of Presidential Decree No. 725, his repatriation retroacted to the date of the filing of his application to run for governor.

 The steps to reacquire Philippine Citizenship by repatriation under Presidential Decree No. 725 are: 

 (1) filing the application; 

 (2) action by the committee; and 

 (3) taking of the oath of allegiance if the application is approved. 

 It is only upon taking the oath of allegiance that the applicant is deemed ipso jure to have reacquired Philippine citizenship.

 If the decree had intended the oath taking to retroact to the date of the filing of the application, then it should not have explicitly provided otherwise.

 He is therefore qualified to be proclaimed governor of Sorsogon.

Read more case digests here:
Moy Ya Lim Yao vs. Commissioner of Immigration
Tolentino vs. Comelec
Javellana vs. Executive Secretary
Philippine Bar Association vs. Comelec
Ople vs. Torres




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