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F0C To F0e PDF
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--------------------------------------------------------- ISSUE:
Poe-Llamanzares vs COMELEC (2016) 1. W/N petitioner is NOT a natural born citizen due to
Class Topic: PET the fact the she is a foundling.
G.R. No. 221697 March 8, 2016, PEREZ, J 2. W/N COMELEC has jurisdiction over the petition for
FULL TEXT: quo warranto or PET
https://lawphil.net/judjuris/juri2016/mar2016/gr_221697_2016. RATIO DECIDENDI:
html 1. Her admission that she is a foundling did not shift the
burden to her because such status did not exclude the
Petitioner = MARY GRACE NATIVIDAD S. POE-LLAMANZARES possibility that her parents were Filipinos, especially as in this
Respondent = COMELEC AND ESTRELLA C. ELAMPARO case where there is a high probability, if not certainty, that
her parents are Filipinos.
DECISION:
“WHEREFORE, Petitioner MARY GRACE NATIVIDAD SONORA 1. Constitution law author Jose Aruego.. said: “During the
POE-LLAMANZARES is DECLARED QUALIFIED to be a debates on this provision… It was believed that the rules of
candidate for President in the National and Local Elections of international law were already clear to the effect that
9 May 2016.” illegitimate children followed the citizenship of the mother,
and that foundlings followed the nationality of the place
FACTS: where they were found, thereby making unnecessary the
1. Petition for issuance of temporary restraining order inclusion in the Constitution of the proposed amendment.”
and writ of preliminary injunction, to COMELEC’s
disqualification order based on citizenship, for 1. Under the Constitution, "having to perform an act" means
having been issued without jurisdiction or with grave that the act must be personally done by the citizen. In this
abuse of discretion amounting to lack or excess of instance, the determination of foundling status is done not by
jurisdiction. the child but by the authorities.
2. Petioner was found abandoned as a newborn
infant in a Parish Church in Iloilo 1968. At 5 years of 1. Foundlings are likewise citizens under international law.
age she was adopted by celebrity couple: FPJ and Under the 1987 Constitution, an international law can
Susan Roces. become part of the sphere of domestic law either by
3. In 2001, Petitioner became a naturalized American transformation or incorporation. The transformation method
citizen. requires that an international law be transformed into a
4. In 2004, the petitioner came back to the Philippines domestic law through a constitutional mechanism such as
to support her father's candidacy for President in the local legislation.124 On the other hand, generally accepted
May 2004 elections. On 13 December 2004, principles of international law, by virtue of the incorporation
petitioner rushed back to the Philippines upon clause of the Constitution, form part of the laws of the land
learning of her father's deteriorating medical even if they do not derive from treaty obligations. Generally
condition. accepted principles of international law include international
5. In 2005, 24 petiioner secured a Tax Identification custom as evidence of a general practice accepted as law,
Number from the Bureau of Internal Revenue and general principles of law recognized by civilized nations
6. In 2006, petitioner took her Oath of Allegiance to the
Republic of the Philippines pursuant to RA No. 9225
7. In 2006, petitioner registered as a voter of San Juan Quo warranto is a special form of legal action used to
City resolve a dispute over whether a specific person has the
8. In October 21 2010, Petitioner executed an "Affidavit legal right to hold the public office
of Renunciation of Allegiance to the United States of
America and Renunciation of American Citizenship"
2. Second, the petitions filed against her are basically
before a notary public in Pasig City. Thereafter, took
petitions for quo warranto as they focus on establishing her
her oath of office as Chairperson of the MTRCB,
ineligibility for the Presidency. A petition for quo warranto falls
being appointed by Pnoy. From then on, petitioner
within the exclusive jurisdiction of the Presidential Electoral
stopped using her American passport.
Tribunal (PET) and not the COMELEC.
9. On 9 December 2011, the U.S. Vice Consul issued to
petitioner a "Certificate of Loss of Nationality of the
United States" effective 21 October 2010 ---------------------------------------------------------
10. On October 2012, the petitioner filed with the
COMELEC her Certificate of Candidacy (COC) for
Senator for the 2013 Elections wherein she answered
"6 years and 6 months" to the question "Period of
residence in the Philippines before May 13, 2013."53
Petitioner obtained the highest number of votes and
was proclaimed Senator on 16 May 2013.
11. On December 2013, petitioner obtained Philippine
Diplomatic Passport No. DE0004530.
12. On October 2015, petitioner filed her COC for the
Presidency for the May 2016 Elections.