Poe-Llamanzares v.

COMELEC
GR No. 221697
March 8, 2016
PEREZ, J.
Facts: This case involves the petition filed by Grace Poe assailing 2 Comelec resolutions canceling her
Certificate of Candidacy for the elective position of President in the 2016 elections. Petitioner was
found abandoned as a new born infant in Iloilo by Edgardo Militar. Custody was passed on to Emiliano
Militar, relative of Edgardo. When she turned 5, celebrity spouses Fernando Poe Jr. and Susan Roces
filed adopted her. At 18, she registered as a voter, studied in Univ. of the Phils but opted to finish at
Boston College in the United States with BS Political Science. In 1991, she married Teodor
Llamanzares and stayed in the US. In 2009, petitioner became a naturalized American citizen. She flew
back home during the presidential campaign of FPJ and during the unfortunate demise of FPJ, decided
to permanently stay in the Phils. In 2006, pursuant to RA 9225 Citizen Retention and Re-acquisition
Act of 2003, she took the Oath of Allegiance to the RP. Bureau of Immigration declared that she was
deemed to have reacquired Phil. Citizenship. In 2010, she was appointed chairperson of MTRCB and
eventually, became a member of the Senate in 2012. Now, petitioner's Cert. of Candidacy is being
opposed by Estrella Elamparo, Francisco Tatad, Antonio Contreras and Amado Valdez, among others,
alleging that petitioner lacked the requisite residency and citizenship to qualify her for presidency: that
being a foundling, she's not considered a natural-born Filipino and even if she were, it was deemed lost
due to becoming a naturalized American citizen.(jus sanguini does not apply to her being a foundling).
Issue: WON petitioner is a natural-born citizen as a foundling and in her re-acquisition of citizenship.
(YES).
Ruling: The Court granted the petition and ordered Comelec Resolutions annulled and set aside and
further declaring petitioner is qualified candidate. The Court held that Rule 25 Comelec Rules of
Procedure does not give Comelec authority to disqualify ineligible candidates. Presently, to disqualify a
candidate, a declaration by a final judgment by a competent court that the candidate sought to be
disqualified is guilty of or found by Commission to be suffering from any disqualification provided by
law. Comelec committed grave abuse of discretion when it declared petitioner, being a foundling,
casted doubt on her possession of blood relations with a Filipino citizen when such relationship is
indemonstrable, when in fact, it is demonstrable. There is sufficient evidence that petitioner has
Filipino parents and is, therefore, a natural born Filipino: 1). Phil. Statistics Authority showing in 1965-
1975 that only 15,986 foreigners born in Iloilo to 10.5 million Filipinos, an average of 99% chance that
child born in the province would be Filipino. Also, she was abandoned in a Catholic church and had
features such as mid-height, flat nasal bridge, straight black hair, almond shaped eyes and oval face—
all common Filipino traits. 2). Foundlings are, as a class, natural-born citizens. It was omitted in the
1935 Constitution because their numbers were insignificant at that time to warrant specific mention. 3).
Constitution aims to create a just and humane society, provide basic equal protection of laws and
promotion of human dignity and denying nationality to persons of unknown parentage is contradictory
to this. This goal is also apparent in our Adoption laws and the international laws, Univ. Rec. of Human
Rights, UN Convention on the Rights of Child, UN Covenant on Civil Rights-- everyone has right to
nationality. Finally, Art. 14 of 1930 Hague Convention states that, “A child whose parents are both
unknown shall have the nationality of the country of birth”.
The Comelec resolution stating that petitioner did not reacquire natural-born citizenship but
plain Phil. Citizenship was erroneous as in the Repatriation Statute of RA 9225, re-acquisition under
the act will recover his/her natural born citizenship. The petitioner was able to clearly show her
compliance of the two requisites of Oath of Allegiance and Affidavit of Renunciation and fulfilling
residency requirements, she is deemed to have recovered her natural-born status and, thus, qualified to
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