David vs Senate Electoral Tribunal

GR No 221538, September 20, 2016

Petitioner: Rizalito Y. David

Respondents: Senate Electoral Tribunal and Mary Grace Poe-Llamanzares
Ponente: Leonen, J

Petition for Certiorari.

FACTS
- Senator Mary Grace Poe-Llamanzares (GPL) is a foundling whose biological parents
are unknown.
- Abandoned at Parish Church of Jaro, Iloilo and found by Edgardo Militar on
Sept 3, 1968
- Adopted by Ronald Allan Poe (FPJ) and Jesusa Sonora Poe (Susan Roces)
on May 13, 1974 - changed her name from Mary Grace Natividad Contreras
Militar to Mary Grace Natividad Sonora Poe
- GPL became registered voter in Greenhills, San Juan City, Metrto Manila when she
turned 18 (1986)
- She was issued a Philippine Passport by the Dept. of Foreign Affairs in 1988,
renewed in 1993, and issued a PH diplomatic passport in 2013.
- (July 27, 1991) GPL married Teodora Misael Daniel V. Llamanzares, both an
America and PH national since birth, in Sanctuario de San Jose, San Juan City.
- (July 29, 1991) Returned to US with husband and lived there with children.
- Brian, born in US in 1992
- Hanna, born in PH in 1998
- Anika, born in PH in 2004
- GPL was naturalized and granted American citizenship on October 18, 2001 and
given a US passport.
- (2005) Returned to PH with children. Husband stayed in US to ‘finish pending
projects, and to arrange for the sale of the family home there.”
- (July 22, 2005) GPL was issued a TIN by BIR
- (July 7, 2006) GPL took Oath of Allegiance to Rep. of PH
- (July 10, 2006) GPL filed petition for Retention and Re-acquisition of PH
CItizenship through RA No 9225 and also filed applications for citizenship on
behalf of her kids who were below 18 then
- Petition granted on July 18, 2006
- (July 31, 2006) BIR issued Certificates for GPL and kids - stated that she is a
citizen of the PH
- (Aug 31, 2006) GPL became a registered voter of Brgy Sta. Lucia, San Juan
City
- GPL made several trips to US between 2006 and 2009, using her US Passport.
- (Oct 6, 2010) Appointed by Pres. Noynoy as MTRCB Chairperson
- (July 7, 2006) Fomrally renounced her US citizenship - didnt use her US
passport after this
- (Oct 21, 2010) took Oath of Office as MTRCB CHairperson and assumed
office on October 26
-
-

Arguments of Petitioner:
Poe is not qualified to be a member of the Senate because she’s not a natural born-citizen.
 1. Poe does not fall under any of the classes of natural-born citizens enumerated in Sec
1,m Art IV, 1987 Constitution
a. Natural-born citizens’ parents must be Filipino citizens. Poe cannot claim
natural-born status because her parents aren’t known and cannot be
presumed to be Filipino citizens.
2. Principles in 1939 Hague Convention on Certain Questions relating to Conflict of
Nationality Laws and the 1961 UN Convention on the Reduction of Statelessness are
not applicable because the Philippines has yet to accede to both Conventions.
3. Poe’s adoption didn’t give her the natural-born citizen status. Adoptions effect is to
confer unto her legitimate status.

Arguments of the Respondent:

Poe is a natural-born citizen and is eligible to sit as a Senator.
1. As early as the 1935 Consti - the intention of the framers has always been to
consider foundlings found in the PH as Filipino citizens.
2. Poe invokes Art 7 of the UNRC and Art 24 of the ICCPR. Both treaties are ratified by
the PH:
a. Treaties create obligation on part of PH to recognize foundlings as its citizens
from the time of the foundling’s birth.
b. Although neither the ICCPR nor the UNCRC was in force when she was born
in 1968, each may apply retroactively to the date of her birth. To rule
otherwise would be to discriminate against foundlings born before the
ratification of these treaties.
3. Poe invokes Art 15 of the UDHR which recognizes the right of everyone to a
nationality.
4. Poe invokes Art 14 of the Hague Convention on Conflict of Nationality Laws. The
presumption that a foundling is a citizen of the state in which she is found is a
generally accepted principle of international law.
5. Poe invokes Art 2 of the UN Convention on Statelesness which expresses a
rebuttable presumption of descent from a citizen, consistent with jus sanguinis.
6. Finally, Poe argues that she validly reacquired her natural born status pursuant to
R.A. No. 9225

ISSUE: W/N the Senate Electoral Tribunal erred in declaring Grace Poe-Llamanzares as a
natural-born Philippine citizen

JUDGMENT: NO. Petition is DISMISSED. The Senate Electoral Tribunal did not act without
or in excess of its jurisdiction.

HOLDING:
Natural-born citizenship
➔ Can be established through either Philippine citizenship of mother/father
➔ Requires only one ascendant degree: parentage
➔ Basic presumption is that Philippine Citizens are natural-born citizens
➔ Private respondent was a Filipino citizen at birth who did not need to perform any act
to acquire Philippine citizenship in accordance with [Art. IV, Sec. 2 of 1987
Constitution]
➔ Bengson v. House of Reps. Electoral Tribunal - there are only two types of PH
citizens: (1) naturalized and (2) natural-born
◆ Since respondent did not go through process of naturalization, she is
classified under the second category
➔ Conclusion of citizenship can be adduced in proper proceedings
Circumstantial Evidence
➔ Due to abandonment, proof of biological parentage of respondent is now practically
impossible
➔ Circumstantial evidence as proof of citizenship may be accepted
➔ Respondent was found in Jaro, Iloilo which had a predominantly Filipino population
➔ Physical characteristics of respondent point to Filipino origin: (1) brown-almond
shaped eyes, (2) low nasal bridge, (3) straight black hair, (4) oval-shaped face, (5) 5
ft. 2 inches in height
➔ In 1968, there was no international airport in Iloilo, casting doubt on probability of
foreign origin of respondent
➔ 99.8% probability that respondent was a Filipino citizen based on recorded births in
Iloilo
➔ Presumption of citizenship - burden of proof of respondent not being natural-born
must be on person alleging the same

Foundlings as natural-born citizens

➔ Denying foundlings of classification as natural-born citizens will be discriminatory and
against equal protection of the laws
➔ In violation of multiple constitutional provisions of the 1987 Constitution:
◆ Art. III, Sec. 13
◆ Art. XV, Sec. 3
◆ Art. III, Sec. 1
◆ Art. 2, Sec. 2
➔ Congress has enacted statutes founded on premise that foundlings are Filipino
citizens at birth
◆ RA 9344, Sec. 2 - aimed to “protect best interests of the child”
➔ UN Universal Declaration on Human Rights, Art. 7 - “The child, shall be registered
immediately after birth,... and have the right to acquire a nationality”
➔ 1966 International Covenant on Civil and Political Rights, Art. 24(3) - “Every child has
the right to acquire a nationality”

Natural born-status reaffirmed by v-arious official public acts

➔ Respondent was issued a foundling certificate and benefitted from domestic adoption
➔ Was granted an order of reacquisition of natural-born citizenship
➔ Was appointed as MTRCB Chairperson which requires natural-born citizenship

Respondent complied with requirements for naturalized Filipinos who wish to run for
public office
➔ Respondent complied with three necessary requirements
◆ Oath of allegiance to the Republic of the Philippines
◆ Compliance with Art. V, Section 1 of 1987 Constitution - registration for voting
◆ Sworn renunciation of any and all foreign citizenship
➔ RA 9225
◆ Allows reacquisition of natural-born status despite being naturalized in
another country
◆ Reacquiring from the prefix “re” means the reversion of status to the way
things were
◆ Equivalent to “not performing any act” to acquire citizenship

DISSENTING OPINIONS
Perlas-Bernabe, J.

The Senate Electoral Tribunal committed grave abuse of discretion in ruling that GPL was a
natural-born citizen and, thus, qualified to hold office as Senator.

Burden of Proof shifted to Respondent GPL

➔ Originally a quo warranto proceeding
➔ Initial burden on Petitioner to show lack of qualifications by Petitioner
➔ Upon GPL’s voluntary admission that she is a founding,
➔ Burden of proof shifted to her

Foundlings not considered Filipino Citizens

➔ Section 1, Article IV of the 1935 Constitution - the applicable law to
respondent's case - did not include foundlings in the enumeration of those
who are considered Filipino citizens.
➔ Jus sanguinis - citizenship conferred based on blood relationship to a Filipino parent
➔ No known parents to trace origins of citizenship, therefore not a Filipino citizen

Lack of sufficient evidence to prove blood relation to a Filipino parent

➔ Ponencia conclude the following as substantial evidence
◆ 1. Circumstances of abandonment
● Found in parish church in Jaro, Iloilo
● Iloilo has a predominantly Filipino population
● No international airport in Jaro
◆ 2. Physical features
● 5 feet 2 inches, black hair, oval shaped face, low nasal bridge
● Filipino features
◆ 3. Statistical Inference
● More probable that she is Filipino
● Related to case of Poe v COMELEC
➔ On Circumstances of abandonment
◆ Easily debunked by contrary but likewise rationally-sounding suppositions
◆ Matters dealing with holding public elective office must be strictly complied
with
◆ Cannot make definitive pronouncement
➔ On physical features
◆ Do not prove that she is Filipino
◆ Parents likely had Filipino features
◆ It remains uncertain if their citizenship was Filipino
➔ On Statistical inference
◆ Do not account for all births but only of those recorded
◆ Uncertain how "encompassing" was the Philippine's civil registration system
at that time
➔ ULTIMATELY:
◆ the fact that her parents are unknown directly puts into question her
Filipino citizenship
◆ no prima facie link to a Filipino parent from which she could have traced
her Filipino citizenship.

Intent of Framers
➔ Civil Liberties Union v. The Executive Secretary
◆ Debates in the constitutional convention "are of value as showing the views
of the individual members, and as indicating the reasons for their votes,
 ◆ but they give us no light as to the views of the large majority who did not
talk, much less of the mass of our fellow citizens whose votes at the polls
gave that instrument the force of fundamental law.
◆ We think it [is] safer to construe the constitution from what appears upon
its face."
➔ The 1935 Constitution never carried over any proposed provision on
foundlings being considered or presumed to be Filipino citizens.
➔ Protection of children, human rights and equality to run for office does not mean
foundlings should be natural-born citizens
➔ This is an evident logical problem

Ponencia’s reliance on Tecson v Comelec

➔ Cannot be applied to this case
➔ Identity of FPJ’s parents never questioned; substantial trace to parents present
➔ Prima facie evidence of facts were present for FPJ

Jus sanguinis principle carried over to 1973 and 1987 Constitutions

➔ any treaty or generally accepted principle of international law according foundlings
natural-born citizenship in the State in which they are found
◆ Not given effect
◆ Would contravene the Constitution
➔ Justice Leonardo-De Castro:
◆ Citizenship not automatically conferred
◆ Only entails affirmative action by the State
◆ Would result to citizenship by naturalization
◆ By no means natural-born under jus sanguinis principle