Case Digest of Llamzares v.
COMELEC
(Main Decision)
Vena V. Verga
Mary Grace Poe-Llamanzares vs
COMELEC et al
G.R. NO. 221697
FACTS:
Grace Poe (Poe) was found abandoned in a church in Jaro Iloilo sometime
1968. Parental care was passed to the relatives of Edgardo Militar, the
person who found the child. The relatives then reported and registered the
child as a founding with the Civil Registrar of Iloilo. The child was then
named Mary Grace Militar. The child was subsequently adopted by Fernando
Poe, Jr and Susan Roces sometime in 1974. Necessary annotations were
placed in the childs foundling certificate but it was only in 2005 that Susan
Roces discovered that their lawyer failed to secure a new Certificate of
Live Birth indicating Poes new name as well as the name of the adoptive
parents. Roces then submitted an affidavit and in 2006, a Certificate of Live
Birth in the name of Mary Grace Poe was released by the Civil Registry of
Iloilo.
At the age of 18, Poe was registered as a voter of San Juan. In 1988, she
was issued a Philippine passport. In 1991, Poe married Teodoro Llamanzares
and flew to the US right after the wedding. She then gave birth to her eldest
child in the US. In 2001, Poe became a naturalized American Citizen and
she obtained a US Passport that same year.
In April 2004, Poe came back to the Philippines in order to support her
fathers candidacy. It was at this time that she gave birth to her youngest
daughter. She then returned to the US in July 2004 with her two daughters.
Poe returned in December 2004 after learning of her fathers deteriorating
condition. The latter died and Poe stayed until February 2005 to take care
of the funeral arrangements.
Poe stated that she wanted to be with her grieving mother hence, she and
her husband decided to move and reside permanently in the Philippines
sometime first quarter of 2005. They prepared for resettlement including
notification of their childrens schools, coordination with property movers
and inquiry with Philippine authorities as to how they can bring their pet dog.
According to Poe, as early as 2004, she already quit her job in the US.
Poe came home on May 24, 2005 and immediately secured a TIN while her
husband stayed in the US. She and her family stayed with her mother until
she and husband was able to purchase a condominium in San Juan
sometime February 2006. On February 14, 2006, Poe returned to the US to
dispose the other family belongings. She travelled back in March 2006. In
1
Case Digest of Llamzares v. COMELEC
(Main Decision)
Vena
VergaPoe and husband acquired a property in Corinthian Hills in
early V.
2006,
Quezon City where they built their family home.
On July 7, 2006, Poe took her Oath of Allegiance to the Republic of the
Philippines pursuant to R.A. 9225. On July 10, 2006, she filed a sworn petition
to reacquire Philippine citizenship together with
petitions for derivative citizenship on behalf of her three children. The
Bureau of Immigration acted in favor of the petition on July 18, 2006. She
and her children were then considered dual citizens. Poe then registered as
voter in August 2006 and secured a Philippine passport thereafter.
On October 6, 2010, she was appointed as Chairperson of the MTRCB. Before
assuming her post, she executed an Affidavit of Renunciation of Allegiance to
the US before a notary public in Pasig City on October 20, 2010. The
following day, she submitted the Affidavit to the Bureau of Immigration and
took her oath as MTRCB Chairperson. According to Poe, she stopped using
her American passport from then on.
On July 12, 2011, Poe executed an Oath/Affirmation of Renunciation of
Nationality of the US before the Vice Consul of the US Embassy in Manila.
On December 9, 2011, the US Vice Consul issued a Certificate of Loss of
Nationality of the US effective October 21, 2010.
On October 2, 2012, Poe filed with COMELEC her Certificate of Candidacy for
Senator stating that she was a resident of the Philippines for a period of 6
years and 6 months before May 13, 2013. She was then proclaimed a
Senator on May 16, 2013.
On October 15, 2015, Poe filed her COC for the Presidency for the May 2016
elections. She declared that she is a natural born and her residence in the
Philippine up to the day before election would be 10 years and 11 months
counted from May 24, 2005.
Several petitions were filed against Poe alleging that (1) she committed
material misrepresentation in her COC when she stated that she is a resident
of the Philippines for at least 10 years 11 months up to the day before May
9, 2016 Elections, (2) she is not natural born considering that Poe is a
foundling. It was argued that international law does not confer natural born
status and Filipino citizenship to foundlings hence, she is not qualified to
apply for reacquisition of Filipino citizenship under R.A.9225 as she is not a
natural citizen to begin with. Assuming that Poe was a natural born citizen,
she lost it when she became a US Citizen.
In addition, one of the petitioners, Francisco Tatad, theorized that:
1. Philippines adhere to the principle of jus sanguinis and hence persons
of unknown parentage, particularly foundlings, are not natural born
Filipino citizens.
2. Using statutory construction, considering that foundlings were not
expressly included in the categories of citizens in the 1935
Constitution, the framers are said to have the intention to exclude
them
3. International conventions are not self-executory hence, local
legislations are necessary to give effect to obligations assumed by the
Philippines.
4. There is no standard practice that automatically confers natural born
status to foundlings.
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