David v.

SET, Poe-Llamanzares, GR 221538, September 20, 2016

FACTS:

   Grace Poe was found abandoned as a newborn infant in the Parish Church of Jaro, Iloilo by Edgardo
Militar in 1968. Parental care and custody over her was passed on by Edgardo to his relatives, Emiliano
Militar and his wife. Emiliano reported and registered Grace Poe as a foundling with the Office of the Civil
Registrar of Iloilo City. Fenando Poe, Jr. and Susan Roces adopted Grace Poe.
         1991 – Poe went to the US to be a permanent resident therein; married Teodoro Misael Daniel V.
Llamanzares, both an American and Filipino national since birth.
         October 18, 2001– She became a naturalized US citizen
         First quarter of 2005 – she came back to the Philippines to permanently reside herein
         February 14, 2006- she went back to the US to dispose family belongings
July 12, 2011- she executed an Oath/Affirmation of Renunciation of Nationality of the United States in
the presence of Vice-Consul Somer E. Bessire-Briers
         July 18, 2006 – she re-acquired Filipino citizenship
         According to Poe in her 2013 COC for Senator, before the May 13, 2013 election, she has been a resident
of the Philippines for 6 years and 6 months (reckoned from year 2006 when she  re-acquired her
Filipino citizenship under RA 9225). 
         Poe filed her COC for Presidency for the May 9, 2016 elections (hence, computing from May, 2013, she
has been a resident in the Philippines for 9 years and 6 months only)
         However, in her COC, Poe 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 (when she
returned from the US to the Philippines for good).

On November 17, 2015, the Senate Electoral Tribunal promulgated its assailed Decision finding Senator
Poe to be a natural-born citizen and, therefore, qualified to hold office as Senator. The Decision stated:
We rule that Respondent is a natural-born citizen under the 1935 Constitution and continue to be a
natural-born citizen as defined under the 1987 Constitution, as she is a citizen of the Philippines from
birth, without having to perform any act to acquire or perfect (her) Philippine citizenship.
Issue: