Besario, Kenny Anne R.

1T
Grace Poe-Llamanzares v. COMELEC, G.R. No. 221697, March 8, 2016

FACTS:

On 15 October 2015, petitioner filed her COC for the Presidency for the May 2016 Elections. In
her COC, the petitioner 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 ten (10) years and eleven (11) months
counted from 24 May 2005. This has triggered the filing of Comelec cases against her. Elamparo
argued that petitioner cannot be considered as a natural-born Filipino on account of the fact that
she was a foundling. Elamparo claimed that international law does not confer natural born status
and Filipino citizenship on foundlings. Elamparo also argues that Poe has an issue with her
residency. According to her, the petitioner was bound by the sworn declaration she made in her
2012 COC for Senator wherein she indicated that she had resided in the country for only six ( 6)
years and six ( 6) months as of May 2013 Elections. The petitioner defends her citizenship status
arguing that customary international law dictates that foundlings are entitled to a nationality and
are presumed to be citizens of the country where they are found. Consequently, the petitioner is
considered as a natural-born citizen of the Philippines. She also claims that as a natural-born
citizen, she has every right to be repatriated under R.A. No. 9225 or the right to reacquire her
natural-born status. She then maintained that as early as the first quarter of 2005, she started
reestablishing her domicile of choice in the Philippines as demonstrated by her children's
resettlement and schooling in the country, purchase of a condominium unit in San Juan City and
the construction of their family home in Corinthian Hills.

ISSUES:
1. Whether or not Poe is a natural-born citizen of the Philippines
2. Whether or not Poe satisfies the 10-year residency requirement

HELD:

1. Yes. Statistical findings state that there is a 99% chance that a child born in the province
would be a Filipino, and this would indicate more than ample probability if not statistical
certainty, that petitioner's parents are Filipinos. That probability and the evidence on
which it is based are admissible under Rule 128, Section 4 of the Revised Rules on
Evidence. Also, the framers of the constitution during the 1934 constitutional convention
intended that foundlings be covered in the natural born citizens. Furthermore, The
Philippines adheres to the treaties of the international law which state that foundlings are
automatically granted with the natural born citizenship of the country.
 2. Yes. The evidence of petitioner is overwhelming and taken together leads to no other
conclusion that she decided to permanently abandon her U.S. residence and permanently
relocate to the Philippines and actually re-established her residence here on 24 May 2005.

For being able to satisfy the necessary requirements, the petitioner is declared qualified to be
candidate for the president in the National and Local elections of May 9, 2016.