You are on page 1of 3


Elamparo petition to deny due course

or cancel COC. Grace Poe committed
material misrepresentation when she
stated in her COC that she is a naturalborn Filipino citizen and that she is a
resident of the Philippines for at least 10
years and 11 months up to the day
before the May 9, 2016 elections.
On the issue of Citizenship, Elamparo
argued that international law does not
expressly grant natural citizenship to a
foundling. Assuming arguendo that she
is a natural born citizenship, such has
been lost after Grace Poe became a
naturalized American citizen. Naturalborn citizenship should be continuous
from birth.
6 years and 6 months on May 13, 2013
10 years and 11 months on May 9, 2016
On the issue of residency, Grace Poe still
fell short of the 10-year residency
requirement for candidates for
presidency. Such 10-year period should
be counted from July 2006 when she has
finally reacquired her Philippine
Elamparo is also of the belief that Grace
Poe failed to establish her domicile in the
The Philippines adheres to the principle
of jus sanguinis. Blood relationship is
determinative of citizenship.
Grace Poe cannot seek refuge under
international conventions and treaties.
International conventions or treaties are
not self-executory. They need local
legislation in order to create treaty
obligations. There is no standard state
practice that automatically confers
natural-born status to foundling.

His petition did not invoke proper

grounds as enumerated under Sections
12 and 68 of the Omnibus Election Code.
Instead, he completely relied on the
alleged lack of residency and naturalborn Filipino status of Grace Poe which
are not among the recognized grounds
for the disqualification of a candidate to
an elective office.
The petitions filed against Grace Poe are
basically quo warranto petitions because
they focus on establishing her
ineligibility for Presidency. A petition for
quo warranto is under the exclusive
jurisdiction of the Presidential Electoral
Tribunal (PET) and not the COMELEC.
Customary international law dictates that
foundlings are entitled to a nationality
and are thus presumed to be citizens of

the country where they are found.

Consequently, Grace Poe is a naturalborn citizen of the Philippines.

Petitioner cannot avail of the option to

reacquire Philippine citizenship through
RA 9225 because such is only available
for former Filipino citizens and petitioner
was not because she was a foundling.

She also did not comply with the 10-year

residency requirement. Petitioner
acquired her domicile in Quezon City
only from the time she renounced her
American citizenship which was
sometime in 2010 or 2011. Moreover,
her intentions to abandon her US
domicile is questionable as evinced by
the fact that her husband stayed thereat
and her frequent trips to the USA.
Grace Poes repatriation under RA 9225
no longer bestows on her the naturalborn Filipino status. Former natural-born
Filipino citizens who are repatriated
under the said act only acquires
Philippine citizenship and will not revert
to their original status as natural-born
The reckoning period in computing Grace
Poes residency in the Philippines should
be From 18 July 2006 when her petition
to reacquire Philippine citizenship was
approved by the Bureau of Immigration.
Her physical presence in the Philippines
before 18 July 2006 cannot be a valid
evidence of reacquisition of Philippine
domicile since she was the living here as
an American citizen and as such, she
was governed by the Philippine
immigrations laws.

As a natural-born citizen, she is entitled

to be repatriated under RA 9225. Certain
acts also reinforced her position that she
is a natural-born citizen of the
Philippines, to wit: order of the BI
declaring her as a natural-born citizen,
her appointment as MTRCB Chair, and
the issuance of the decree of adoption
by the San Juan RTC.
She could legally establish her domicile
in the Philippines so long as the three
determinants for a change in
domicile are complied with. There was
no requirement that renunciation of
foreign citizenship is a prerequisite for
the acquisition of new domicile of choice.
Period appearing in the residency portion
of her COC for senator was an honest
mistake. lest