MARY GRACE NATIVIDAD S POE- LLAMANZARES vs.

COMELEC,et al.

GR Nos. 221697 , GR No. 221698-700

March 8,2016

Perez, J.:
FACTS:

In her COC for Presidency on the May 2016 elections, Grace Poe declared that she is a natural-
born citizen of the Philippines and that her residence up to day before May 9, 2016 would be 10
years and 11 months counted from May 24, 2005.

Grace Poe was born in 1968., found as newborn infant in Jaro,Iloilo and was legally adopted by
RONALD ALLAN KELLY POE (FPJ) and JESUS SONORA POE (SUSAN ROCES) in 1974.
She immigrated to the US in 1991 after her marriage to Theodore Llamanzares who was then
based at the US. Grace Poe then became a naturalized American citizen in 2001.

On December 2004, he returned to the Philippines due to his father’s deteriorating medical
condition, who then eventually demice on February 3,2005. She then quitted her job in the US to
be with her grieving mother and finally went home for good to the Philippines on MAY 24, 2005.

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 appointes Chairperson of the MTRCB , she renounced her
American citizenship to satisfy the RA 9225 requirements as to Reacquistion of Filipino
Citizenship. 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
was a FOUNDLING and that her bioligical parents cannot be proved as 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 misrepresentation in her COC.

On CERTIORARI, the SUPREME COURT, reversed the ruling and held a vote of 9-6 that POE
is qualified as candidate for Presidency.

ISSUES:
(I) Whether or not Grace Poe- Llamanzares is a natural- born Filipino citizen

(II) Whether or not Poe satisfies the 10-year residency requirement.

HELD:

I. YES. GRACE POE is considerably a natural-born Filipino Citizen. For that, she satisfied
the constitutional reqt that only natural-born Filipinos may run for Presidency.

(1) there is high probability that Poe’s parents are Filipinos, as being shown in her physical
features which are typical of Filipinos, aside from the fact that she was found as an infant in Jaro,
Iloilo, a municipality wherein there is 99% probability that residents there are Filipinos,
consequently providing 99% chance that Poe’s bilogical parents are Filipinos. Said probability
and circumstancial evidence are admissible under Rule 128, Sec 4 of the Rules on Evidence.

(2) The SC pronounced that FOUNDLINGS are as a class, natural born- citizens as based on the
deliberations of the 1935 Constitutional Convention, wherein though its enumeration is silent as
to foundlings, there is no restrictive language either to definitely exclude the foundlings to be
natural born citizens.

(3) That Foundlings are automatically conferred with the natural-born citizenship as to the
country where they are being found, as covered and supported by the UN Convention Law.

BASIS:

Foundlings are likewise citizens under international law. Under the 1987 Constitution, an
international law can become part of the sphere of domestic law either by transformation or
incorporation. The transformation method requires that an international law be transformed into a
domestic law through a constitutional mechanism such as local legislation.124 On the other hand,
generally accepted principles of international law, by virtue of the incorporation clause of the
Constitution, form part of the laws of the land even if they do not derive from treaty obligations.
Generally accepted principles of international law include international custom as evidence of a
general practice accepted as law, and general principles of law recognized by civilized
nations.125 International customary rules are accepted as binding as a result from the combination of
two elements: the established, widespread, and consistent practice on the part of States; and a
psychological element known as the opinionjuris sive necessitates (opinion as to law or necessity).
Implicit in the latter element is a belief that the practice in question is rendered obligatory by the
existence of a rule of law requiring it.126 "General principles of law recognized by civilized nations" are
principles "established by a process of reasoning" or judicial logic, based on principles which are
"basic to legal systems generally,"127 such as "general principles of equity, i.e., the general principles
of fairness and justice," and the "general principle against discrimination" which is embodied in the
"Universal Declaration of Human Rights, the International Covenant on Economic, Social and
Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination,
the Convention Against Discrimination in Education, the Convention (No. 111) Concerning
Discrimination in Respect of Employment and Occupation."128 These are the same core principles
which underlie the Philippine Constitution itself, as embodied in the due process and equal
protection clauses of the Bill of Rights.129

Universal Declaration of Human Rights ("UDHR") has been interpreted by this Court as part of the
generally accepted principles of international law and binding on the State.130 Article 15 thereof
states:

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

The Philippines has also ratified the UN Convention on the Rights of the Child (UNCRC). Article 7 of
the UNCRC imposes the following obligations on our country:

Article 7

1. The child shall be registered immediately after birth and shall have the right from birth to a name,
the right to acquire a nationality and as far as possible, the right to know and be cared for by his or
her parents.

2. States Parties shall ensure the implementation of these rights in accordance with their national
law and their obligations under the relevant international instruments in this field, in particular where
the child would otherwise be stateless.

In 1986, the country also ratified the 1966 International Covenant on Civil and Political Rights
(ICCPR). Article 24 thereof provide for the right of every child "to acquire a nationality:"

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right, to such measures of protection as are required
by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

The common thread of the UDHR, UNCRC and ICCPR is to obligate the Philippines to grant
nationality from birth and ensure that no child is stateless. This grant of nationality must be at the
time of birth, and it cannot be accomplished by the application of our present naturalization laws,
Commonwealth Act No. 473, as amended, and R.A. No. 9139, both of which require the applicant to
be at least eighteen (18) years old.
II. As to the residency issue, Grace Poe satisfied the 10-year residency because she
satisfied the requirements of ANIMUS MANENDI (intent to remain permanently) coupled
with ANIMUS NON REVERTENDI (intent of not returning to US) in acquiring a new domicile
in the Philippines. Starting May 24,2005, upon returning to the Philippines, Grace Poe presented
overwhelming evidence of her actual stay and intent to abandon permanently her domicile in the
US, coupled with her eventual application to reacquire Filipino Citizenship under RA 9225.
Hence, her candidacy for Presidency was granted by the SC.