Escolar Documentos
Profissional Documentos
Cultura Documentos
8, 2016)
Facts:
In her COC for presidency for the May 2016 elections, Grace Poe
declared that she is a natural-born citizen and that her residence in
the Philippines up to the day before 9 May 2016 would be 10 years and
11 months counted from 24 May 2005.
May 24, 2005 was the day she came to the Philippines after deciding to
stay in the PH for good. Before that however, and even afterwards,
she has been going to and fro between US and Philippines. She was
born in 1968, found as newborn infant in Iloilo, and was legally
adopted. She immigrated to the US in 1991 and was naturalized as
American citizen in 2001. On July 18, 2006, the BI granted her
petition declaring that she had reacquired her Filipino citizenship
under RA 9225. She registered as a voter and obtained a new
Philippine passport. In 2010, before assuming her post as an
appointed chairperson of the MTRCB, she renounced her American
citizenship to satisfy the RA 9225 requirement . From then on, she
stopped using her American passport.
Petitions were filed before the COMELEC to deny or cancel her
candidacy on the ground particularly, among others, that she cannot be
considered a natural-born Filipino citizen since she cannot prove that
her biological parents or either of them were Filipinos. The COMELEC
en banc cancelled her candidacy on the ground that she is in want of
citizenship and residence requirements, and that she committed
material misrepresentations in her COC.
On certiorari, the SC reversed the ruling and held (9-6 votes) that
Poe is qualified as a candidate for Presidency. Three justices,
however, abstained to vote on the natural-born citizenship issue.
Issue 1: W/N the COMELEC has jurisdiction to rule on the issue of
qualifications of candidates
Held: No. Article IX-C, Sec 2 of the Constitution provides for the
powers and functions of the COMELEC, and deciding on the
qualifications or lack thereof of a candidate is not one among them.
In contrast, the Constitution provides that only the SET and HRET
tribunals have sole jurisdiction over the election contests, returns,
and qualifications of their respective members, whereas over the
President and Vice President, only the SC en banc has sole
jurisdiction. As for the qualifications of candidates for such