MARY GRACE NATIVIDAD S.
POE-LLAMANZARES
vs.COMELEC AND ESTRELLA C. ELAMPARO
G.R. No. 221697 March 8, 2016
JURISPRUDENCE:
Constitutional provisions are self-executing except when provisions themselves expressly require
legislation to implement them.
FACTS:
Mary Grace Natividad S Poe filed COC for Presidency on May 2016 elections. Petitions were filed before
the COMELEC to deny or cancel her candidacy on the ground that she lacks on the requisites for
presidency qualifications under Section 2, Article VII of the 1987 Constitution particularly among others,
that she cannot be considered as a natural-born filipino citizen since she was a foundling and the
residency requirements were alleged to be misrepresented on her COC wherein she declared that her
residence up to the day before May 9, 2016 would be 10 years and 11 months counted from May 24,
2005.
Petitioner countered that she did not make any material misrepresentation in the COC regarding her
citizenship and residency qualifications for under the 1973 Constitution Convention deliberation shows
that foundlings were considered citizens, and under international law, foundlings are presumed to have
been born citizens of place where they are found.
Grace Poe was found as newborn infant in Jaro,Iloilo in 1968. Petitioner was then reported as a
foundling with the Office of Civil Registrar in Iloilo City 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 and then became a naturalized American citizen in 2001.
On December 2004, she returned to the Philippines due to her father’s deteriorating medical condition,
then eventually went home for good in 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.
ISSUES:
(1) Whether or not Grace Poe- Llamanzares is a natural- born Filipino citizen
(2) Whether or not Poe satisfies the 10-year residency requirement.
HELD:
YES. The SUPREME COURT, ruled and held that POE is qualified as candidate for Presidency.
GRACE POE is considerably a natural-born Filipino Citizen for the following reasons:
(1) there is high probability that Poe’s parents are Filipinos, as being shown 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. As the Constitutions guarantee the basic right to equal protection of the laws.
(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. This international
law is adopted by Philippine constitution not by means of local legislation but by virtue of incorporation
clause. That is, any generally accepted principles of international law form part of the laws of the land
even if they do not derive from treaty obligation.
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 acquiriacquiring 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.
