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CASE READING On Dissenting Opinion On Poe Llamanzares Case
CASE READING On Dissenting Opinion On Poe Llamanzares Case
DISSENTING OPINION
PERLAS-BERNABE, J.:
I dissent.
Amid the complexity of the legal issues and political implications involved,
this Court, in ruling on this matter — as in every other similar matter before it —
must always harken back to its parameters of review over rulings of the Commission
on Elections (COMELEC). It is on this basic but resolute premise that I submit this
dissent.
I.
In Mitra v. COMELEC 1 (Mitra), it was explained that "[t]he basis for the
Court's review of COMELEC rulings under the standards of Rule 65 of the Rules of
Court is Section 7, Article IX-A of the [1987] Constitution which provides that
'[u]nless otherwise provided by the Constitution or by law, any decision, order, or
ruling of each Commission may be brought to the Supreme Court on certiorari by the
aggrieved party within thirty [(30)] days from receipt of a copy thereof.' For this
reason, the Rules of Court provide for a separate rule (Rule 64) specifically applicable
only to decisions of the COMELEC and the Commission on Audit. This Rule
expressly refers to the application of Rule 65 in the filing of a petition for certiorari,
subject to the exception clause — 'except as hereinafter provided.'" 2
"The purpose of a petition for certiorari is to determine whether the
challenged tribunal has acted without or in excess of its jurisdiction or with
grave abuse of discretion amounting to lack or excess of jurisdiction. Thus,
any resort to a petition for certiorari under Rule 64 in relation to Rule 65 of
the 1997 Rules of Civil Procedure is limited to the resolution of
jurisdictional issues." 3
In Miranda v. Abaya, 4 this Court held that "an act of a court or tribunal may
only be considered to have been done in grave abuse of discretion when the same was
performed in a capricious or whimsical exercise of judgment which is equivalent to
lack of jurisdiction. The abuse of discretion must be so patent and gross as to
amount to an evasion of positive duty or to a virtual refusal to perform a duty
enjoined or to act at all in contemplation of law, as where the power is exercised in
an arbitrary and despotic manner by reason of passion or personal hostility . . . . An
error of judgment committed in the exercise of its legitimate jurisdiction is not
the same as 'grave abuse of discretion.' An abuse of discretion is not sufficient by
itself to justify the issuance of a writ of certiorari. The abuse must be grave and
patent, and it must be shown that the discretion was exercised arbitrarily and
despotically . . . ." 5
In this case, the COMELEC held that petitioner Mary Grace Natividad S. Poe-
Llamanzares (petitioner) made false representations in her certificate of candidacy
(CoC) for President filed on October 15, 2015 6 (2015 CoC) when she declared under
oath that she is a natural-born citizen of this country and would be a resident thereof
for ten (10) years and eleven (11) months on the day immediately preceding the May
9, 2016 Elections. 7 Accordingly, the COMELEC cancelled petitioner's CoC. 8
Finding the verdict to be "deadly diseased with grave abuse of discretion from
root to fruits," 9 the ponencia nullifies the COMELEC's assailed rulings, 10 and even
goes to the extent of declaring petitioner as an eligible candidate. 11
As to its first reason, the ponencia posits that the COMELEC, in ruling on a
petition to deny due course to or cancel a CoC, is restrained "from going into the issue
of the qualifications of the candidate for the position, if, as in this case, such issue is
yet undecided or undetermined by the proper authority." 12 Consequently, "[t]he
COMELEC cannot itself, in the same cancellation case, decide the qualification or
lack thereof of the candidate." 13
I disagree.
The COMELEC's power to deny due course to or cancel a candidate's CoC
stems from Section 2, Article IX-C of the 1987 Constitution which grants it the
authority to "[e]nforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and recall" and to
"[d]ecide, except those involving the right to vote, all questions affecting elections
. . . ." In Loong v. COMELEC, 14 it was elucidated that:
Section 2(1) of Article IX(C) of the Constitution gives the COMELEC the
broad power "to enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum[,] and recall."
Undoubtedly, the text and intent of this provision is to give COMELEC
all the necessary and incidental powers for it to achieve the objective of
holding free, orderly, honest, peaceful, and credible elections. Congruent
to this intent, this Court has not been niggardly in defining the parameters of
powers of COMELEC in the conduct of our elections. 15 (Emphasis and
underscoring supplied)
Likewise, in Bedol v. COMELEC (Bedol): 16
The quasi-judicial power of the COMELEC embraces the power to resolve
controversies arising from the enforcement of election laws, and to be the
sole judge of all pre-proclamation controversies; . . . . 17 (Emphasis and
underscoring supplied)
Based on the text of the Constitution, and bearing in mind the import of cases
on the matter, there is no perceivable restriction which qualifies the exercise of the
COMELEC's adjudicatory power to declare a candidate ineligible and thus, cancel
his/her CoC with the need of a prior determination coming from a "proper authority."
ATICcS
As edified in Bedol, it is the COMELEC which is the "sole judge of all pre-
proclamation controversies." 20 Thus, it would greatly emasculate the COMELEC's
constitutionally-conferred powers by treating it as a mere administrative organ
relegated to the task of conducting perfunctory reviews only to spot falsities on the
face of CoCs or ministerially enforce declarations from a prior authority. ATICcS
In Coquilla, the Court ruled that an alien, such as petitioner, may waive his/her
status as a non-resident and thus, become a resident alien by obtaining an immigrant
visa under the Philippine Immigration Act of 1948 and an Immigrant Certificate of
Residence. Prior to this waiver, he/she is a visitor, a non-resident alien. 60 Hence,
without this waiver, petitioner remained to be a visitor or a non-resident alien until
July 2006. DACcIH
On the other hand, in Japzon, the Court declared that reacquisition under
Republic Act No. (RA) 9225, 61 otherwise known as the "Citizenship Retention and
Reacquisition Act of 2003," has no automatic impact on a candidate's domicile as
he/she only had the option to again establish his/her domicile. 62
Meanwhile, in Caballero, this Court held that a candidate must still prove that
after becoming a Philippine citizen, he/she had reestablished his new domicile of
choice. 63
To my mind, the COMELEC's reliance on Coquilla is apt. As the records
disclose, petitioner returned to the Philippines on May 24, 2005 under the Balikbayan
Program, 64 and therefore, only obtained the status of a temporary resident.
Specifically, Section 3 of RA 6768, 65 as amended by RA 9174, 66 merely accorded
her the benefit of visa-free entry to the Philippines for a period of one (1) year:
Section 3. Benefits and Privileges of the Balikbayan. — The
balikbayan and his or her family shall be entitled to the following benefits and
privileges:
xxx xxx xxx
(c) Visa-free entry to the Philippines for a period of one (1)
year for foreign passport holders, with the exception of
restricted nationals[.] (Emphasis and underscoring supplied)
As such, since she did not waive her status of being a non-resident alien, her
stay here upon her return on May 24, 2005 up until she reacquired Philippine
citizenship in July 2006 should only be considered as temporary.
While it is not entirely indispensable that one first acquires the status of a
permanent resident in order to reestablish his/her domicile in the Philippines, it is,
nonetheless, highly indicative of his/her animus manendi and animus non revertendi.
While it is undisputed that petitioner resigned from her work in the US in 2004;
acquired, together with her husband, quotations and estimates from property movers
regarding the relocation of all their goods, furniture, and cars from the US to the
Philippines as early as March 2005; enrolled two (2) of her children in Philippine
Schools for the school year 2005 to 2006; and purchased a condominium unit in the
Philippines in the second half of 2005, 67 petitioner never bothered applying for
permanent residency up until July 2006, 68 which is the date when she reacquired
Filipino citizenship under RA 9225, and consequently, waived her status as a non-
resident alien. This means that from her return on May 24, 2005 up until July 2006,
she, despite the above-mentioned overt acts, stayed in the Philippines only as a
temporary resident. If at all, her inattention to legitimize her so-called "permanent
residence" in the Philippines in accordance with our Immigration Laws stamps a
significant question mark on her animus manendi and animus non revertendi on May
24, 2005. Thus, the COMELEC can hardly be blamed from reaching its ruling as
petitioner's intention to permanently reside in the Philippines and to abandon the US
as her domicile on May 24, 2005 were, based on reasonable premises, shrouded in
doubt.aScITE
At any rate, the overt acts on which petitioner premises her claims are
insufficient to prove her animus manendi and animus non-revertendi. In fact, same as
her failure to promptly address her permanent residency status, some of these overt
acts might even exhibit her ambivalence to reestablish her domicile in the Philippines
on May 24, 2005. For instance, while she purchased a condominium unit in the
Philippines in the second half of 2005 (which period is even past May 24, 2005),
records unveil that petitioner had other real properties in the US, one of which was
purchased in 1992 and another in 2008. 69 Relevantly, these dates are before and after
May 24, 2005. Likewise, petitioner's correspondence with the property movers in the
US in the first half of 2005 falters, in light of the fact that she and her husband
commenced actual negotiations for their transfer only in the following year, or in
January 2006, months after May 24, 2005. 70 Similarly, after this date, it was only in
March 2006 when petitioner's husband informed the US Postal Service of a change of
address, without even specifying their new address in the Philippines. 71 While it is
true that the visa-free entry of petitioner under the Balikbayan Program should not
automatically hinder her ability to — as the ponencia would say — "reestablish her
life here," it remains that the parameters of domicile reestablishment under the
auspices of political law have not been clearly proven. Hence, because all the overt
acts prior to that time had no impact in establishing her animus manendi and animus
non-revertendi, the earliest date that petitioner could have reestablished her residence
was in July 2006. The overall conclusion of the COMELEC was therefore correct.
At this juncture, let me express my assent to the view that "[s]tronger proof is
required in the reestablishment of national domicile." 72 This is because a person who
has been domiciled in another country has already established effective legal ties with
that country that are substantially distinct and separate from ours. Such a situation
hardly obtains when what is involved is the change of domicile between localities
within the same country.
I further observe that the need for stronger proof becomes more apparent when
the person involved is one who has been domiciled in another country as part of
his/her naturalization as a citizen therein. As such, while citizenship and residency are
different from and independent of each other — this, being the key premise in the
Court's rulings in Japzon and Caballero — I do believe that "one may invariably
affect the other." 73 Being still a citizen of the US at the time of her return to the
Philippines on May 24, 2005, petitioner remained entitled to the rights, privileges, and
the protection the US government extends to its nationals, including the right to
residence. In fact, from May 24, 2005 to October 20, 2010, petitioner availed of this
privilege when she returned to the US, on separate dates, significantly, for no less
than five times. 74 To my mind, the ability to enjoy the privileges of foreign
citizenship at any time, while remaining under that status, conjures a reasonable
presumption that the latter continues to avail of these privileges, which, among others,
include the privilege to reside in that foreign country. Hence, absent compelling
evidence to show that he/she had reestablished domicile in another country, it should
therefore be presumed that he/she continues to be domiciled in the country he/she is a
citizen of.
Moreover, the necessity of presenting stronger proof as herein discussed is
impelled by the very reason underlying the residency requirement. 75 The discernment
of pervading realities in the place where one seeks to be elected is objectively farther
from a person who has been domiciled in a foreign country. Thus, a higher standard
of proof should be applied to a candidate previously domiciled in a foreign country
for he/she has been out of touch with the needs of the electoral constituency he/she
seeks to represent.
For another, the COMELEC cannot be faulted for relying on petitioner's
admission in her 2012 CoC for Senator that her period of residence from May 13,
2013 is "6 years and 6 months," which, hence, implies that she started being a
Philippine resident only in November 2006. While it is true that "[i]t is the fact of
residence, not a statement in a certificate of candidacy which ought to be decisive in
determining whether or not an individual has satisfied the [C]onstitution's residency
qualification requirement," 76 the COMELEC cannot be said to gravely abuse its
discretion when it considered petitioner's admission against interest as another
circumstance which militates against her claim's legitimacy. It is certainly not patent
and grave error for the COMELEC to regard a CoC as a notarized document and
accord it the presumption of regularity. 77 Also, while petitioner may later impugn an
admission against interest, the COMELEC found that her residency declaration in her
2012 CoC could not be borne out of an "honest mistake," in light of the following
considerations: (a) the bulk, if not all, of the evidence she presented were executed
before she reacquired her Philippine citizenship, which cannot be done in light of
Coquilla, among others; (b) while she made statements acknowledging that there was
a mistake in her 2015 CoC, they were nonetheless delivered at a time when, at the
very least, the possibility of her running for President was already a matter of public
knowledge; and (c) petitioner was a well-educated woman and a high-ranking official
with a competent staff and a band of legal advisers and is not entirely unacquainted
with Philippine politics, and thus, would know how to fill-up a pro-forma CoC in
2012. As I see it, these reasons are not barren of any considerable merit. At the very
least, they are plausible enough to negate the finding that the conclusion amounted to
grave abuse of discretion. Besides, I believe that the falsity of the material
representation already justifies the cancellation of petitioner's CoC. As above-
intimated, a candidate's intent is immaterial to a Section 78 analysis.
HEITAD
III.
Neither did the COMELEC gravely abuse its discretion in ruling that petitioner
made a false material representation in her 2015 CoC when she declared that she was
a natural-born citizen of the Philippines.
I depart from the ponencia's stand that petitioner's blood relationship with a
Filipino citizen is demonstrable on account of statistical probability, and other
circumstantial evidence, namely, her abandonment as an infant in a Roman Catholic
Church in Iloilo City, as well as her typical Filipino features. 78
For all of these reasons, I dissent to the majority's ruling that the COMELEC
gravely abused its discretion. In the final analysis, my conscience reminds me that the
high duty demanded of me — to apply the law according to the parameters set by our
previous rulings — transcends politics or controversy, popularity or personality. It is a
public trust which values nothing higher than fidelity to the Constitution. I, therefore,
vote to DISMISS the petitions.
Footnotes
2. Id. at 182, citing Pates v. COMELEC, 609 Phil. 260, 265 (2009); emphasis and
underscoring supplied.
3. Ocate v. COMELEC, 537 Phil. 584, 594-595 (2006); emphasis and underscoring supplied.
6. See COMELEC En Banc's Resolutions dated December 23, 2015 in SPA No. 15-001
(DC), rollo (G.R. No. 221697), Vol. I, p. 229; and in SPA Nos. 15-002 (DC), 15-
007 (DC), and 15-139 (DC), rollo (G.R. Nos. 221698-700), Vol. I, p. 356.
8. See COMELEC En Banc's Resolutions dated December 23, 2015 in SPA No. 15-001
(DC), rollo (G.R. No. 221697), Vol. I, p. 258; and in SPA Nos. 15-002 (DC), 15-
007 (DC), and 15-139 (DC), rollo (G.R. Nos. 221698-700), Vol. I, p. 381.
9. Ponencia, p. 44.
10. The assailed rulings are as follows: (a) COMELEC Second Division's Resolution dated
December 1, 2015 in SPA No. 15-001 (DC), rollo (G.R. No. 221697), Vol. I, pp.
190-223; (b) COMELEC En Banc's Resolution dated December 23, 2015 in SPA
No. 15-001 (DC), rollo (G.R. No. 221697), Vol. I, pp. 224-259; (c) COMELEC
First Division's Resolution dated December 11, 2015 in SPA Nos. 15-002 (DC), 15-
007 (DC), and 15-139 (DC), rollo (G.R. Nos. 221698-700), Vol. I, pp. 216-264; and
(d) COMELEC En Banc's Resolution dated December 23, 2015 in SPA Nos. 15-
002 (DC), 15-007 (DC), and 15-139 (DC), rollo (G.R. Nos. 221698-700), Vol. I,
pp. 352-381.
12.Id. at 16.
13.Id.
15.Id. at 419-420.
17.Id. at 510.
19."Even without a petition under either Section 12 or Section 78 of the Omnibus Election
Code, or under Section 40 of the Local Government Code, the COMELEC is under
a legal duty to cancel the certificate of candidacy of anyone suffering from the
accessory penalty of perpetual special disqualification to run for public office by
virtue of a final judgment of conviction. The final judgment of conviction is notice
to the COMELEC of the disqualification of the convict from running for public
office. The law itself bars the convict from running for public office, and the
disqualification is part of the final judgment of conviction. The final judgment of
the court is addressed not only to the Executive branch, but also to other
government agencies tasked to implement the final judgment under the law.
Whether or not the COMELEC is expressly mentioned in the judgment to implement the
disqualification, it is assumed that the portion of the final judgment on
disqualification to run for elective public office is addressed to the COMELEC
because under the Constitution the COMELEC is duty bound to '[e]nforce and
administer all laws and regulations relative to the conduct of an election.' 24 The
disqualification of a convict to run for public office under the Revised Penal Code,
as affirmed by final judgment of a competent court, is part of the enforcement and
administration of 'all laws' relating to the conduct of elections." (Jalosjos, Jr. v.
COMELEC, 696 Phil. 601, 634 [2012].)
21.(December 3, 1985).
22.Section 74. Contents of certificate of candidacy. — The certificate of candidacy shall state
that the person filing it is announcing his candidacy for the office stated therein and
that he is eligible for said office; if for Member of the Batasang Pambansa, the
province, including its component cities, highly urbanized city or district or sector
which he seeks to represent; the political party to which he belongs; civil status; his
date of birth; residence; his post office address for all election purposes; his
profession or occupation; that he will support and defend the Constitution of the
Philippines and will maintain true faith and allegiance thereto; that he will obey the
laws, legal orders, and decrees promulgated by the duly constituted authorities; that
he is not a permanent resident or immigrant to a foreign country; that the obligation
imposed by his oath is assumed voluntarily, without mental reservation or purpose
of evasion; and that the facts stated in the certificate of candidacy are true to the
best of his knowledge.
Unless a candidate has officially changed his name through a court approved proceeding, a
certificate shall use in a certificate of candidacy the name by which he has been
baptized, or if has not been baptized in any church or religion, the name registered
in the office of the local civil registrar or any other name allowed under the
provisions of existing law or, in the case of a Muslim, his Hadji name after
performing the prescribed religious pilgrimage: Provided, That when there are two
or more candidates for an office with the same name and surname, each candidate,
upon being made aware or (sic) such fact, shall state his paternal and maternal
surname, except the incumbent who may continue to use the name and surname
stated in his certificate of candidacy when he was elected. He may also include one
nickname or stage name by which he is generally or popularly known in the
locality.
The person filing a certificate of candidacy shall also affix his latest photograph, passport
size; a statement in duplicate containing his bio-data and program of government
not exceeding one hundred words, if he so desires.
24.Jalover v. Osmeña, G.R. No. 209286, September 23, 2014, 736 SCRA 267, 282, citing
Velasco v. COMELEC, 595 Phil. 1172, 1185 (2008).
26.Id. at 592.
27.See G.R. No. 206698, February 25, 2014, 717 SCRA 312.
28.Id. at 320-321, citing Salcedo II v. COMELEC, 371 Phil. 390, 389-390 (1999).
31.See id. at 246, citing Velasco v. COMELEC (supra note 24, at 1185), which, in turn cited,
among others, Salcedo II v. COMELEC (supra note 28, at 390).
33.Id. at 282, citing Ugdoracion, Jr. v. COMELEC (supra note 23, at 261-262), further
citing, among others, Salcedo II v. COMELEC (supra note 28, 385-390).
35.Id.
37.Id.
38.Id.
41.G.R. No. 119976, September 18, 1995, 248 SCRA 300, 326.
44.Id. at 607.
45.Id. at 608-609.
46.See paragraphs (1) and (2), Section 2, Article IX-C of the 1987 Constitution.
48. See Separate Concurring Opinion of Associate Justice Alfredo Benjamin S. Caguioa,
joined by Associate Justice Diosdado M. Peralta, p. 3.
51.Ponencia, p. 45.
53.Id.
64.See ponencia, pp. 39-40. See also Associate Justice Arturo D. Brion's Dissenting Opinion,
p. 5.
66.Entitled "AN ACT AMENDING REPUBLIC ACT NUMBERED 6768, ENTITLED, 'AN
ACT INSTITUTING A BALIKBAYAN PROGRAM, BY PROVIDING
ADDITIONAL BENEFITS AND PRIVILEGES TO BALIKBAYAN AND FOR
OTHER PURPOSES,"' approved on November 7, 2002.
67.See Petitions in G.R. No. 221697, rollo (G.R. No. 221697), Vol. I, pp. 18-20; and in G.R.
Nos. 221698-700, rollo (G.R. Nos. 221698-700), Vol. I, pp. 22-24.
68.See Petitions in G.R. No. 221697, rollo (G.R. No. 221697), Vol. I, p. 22; and in G.R. Nos.
221698-700, rollo (G.R. Nos. 221698-700), Vol. I, p. 27.
71.Id. at 815-816.
73.Id. at 60.
74."In fact, from May 24, 2005 to October 20, 2010, petitioner did go back to the US no less
than five times: February 14, 2006, April 20, 2009, October 19, 2009, December
27, 2009, and March 27, 2010." See id. at 55. See also rollo (G.R. Nos. 221698-
700), Vol. I, pp. 30-31.
75.The purpose is "to ensure that the person elected is familiar with the needs and problems
of his constituency . . . ." (See Perez v. COMELEC, 375 Phil. 1106, 1119 [1999].)
77."[G]enerally, a notarized document carries the evidentiary weight conferred upon it with
respect to its due execution, and documents acknowledged before a notary public
have in their favor the presumption of regularity. In other words, absent any clear
and convincing proof to the contrary, a notarized document enjoys the presumption
of regularity and is conclusive as to the truthfulness of its contents. (See Vda. de
Rojales v. Dime, G.R. No. 194548, February 10, 2016.)
78.See ponencia, pp. 22-23.
79.Bengson III v. House of Representatives Electoral Tribunal, 409 Phil. 633, 646 (2001).
80.Id.
81.See Section 2, Article IV of the 1987 Constitution; emphases and underscoring supplied.
82.Bengson III v. House of Representatives Electoral Tribunal, supra note 79, at 646.
84.Valles v. COMELEC, 392 Phil. 327, 335 (2000); emphasis and underscoring supplied.
86."[T]he burden of proof is, in the first instance, with the plaintiff who initiated the action."
(Republic v. Vda. de Neri, 468 Phil. 842, 862 [2004].)
87."[H]e who alleges the affirmative of the issue has the burden of proof, and upon the
plaintiff in a civil case, the burden of proof never parts. However, in the course of
trial in a civil case, once plaintiff makes out a prima facie case in his [favour], the
duty or the burden of evidence shifts to defendant to controvert plaintiff's prima
facie case, otherwise, a verdict must be returned in favor of plaintiff." (Vitarich
Corporation v. Locsin, 649 Phil. 164, 173 [2010], citing Jison v. Court of Appeals,
350 Phil. 138, 173 [1998].)
88.Petitioner was born on September 3, 1968. See Petitions in G.R. No. 221697, rollo (G.R.
No. 221697), Vol. I, p. 14; and in G.R. Nos. 221698-700, rollo (G.R. Nos. 221698-
700), Vol. I, p. 17.
89.See Section 3 (e) of "RULE ON ADOPTION," A.M. No. 02-6-02-SC (August 22, 2002);
emphasis supplied.
90.See COMELEC Second Division's December 1, 2015 Resolution in SPA No. 15-001
(DC), rollo (G.R. No. 221697), Vol. I, pp. 213-214.
91.See COMELEC Second Division's December 1, 2015 Resolution in SPA No. 15-001
(DC), rollo (G.R. No. 221697), Vol. I, p. 393. See also COMELEC En Banc's
December 23, 2015 Resolution in SPA No. 15-001 (DC), id. at 254.
92.See Petitions in G.R. No. 221697, rollo (G.R. No. 221697), Vol. I, pp. 114-116; and in
G.R. Nos. 221698-700, rollo (G.R. Nos. 221698-700), Vol. I, pp. 84-86.
95.Particularly, the 1989 United Nations Convention on the Rights of the Child (UNCRC),
the 1966 International Covenant on Civil and Political Rights (ICCPR), the 1948
Universal Declaration of Human Rights (UDHR), the 1930 Hague Convention on
Certain Questions Relating to the Conflict of Nationality Law (1930 Hague
Convention), and the 1961 United Nations Convention on the Reduction of
Statelessness (UNCRS), among others, positing that it is a generally accepted
principle in international law. (See discussions in the Petitions in G.R. No. 221697,
rollo (G.R. No. 221697), Vol. I, pp. 137-144 and 151-152; and in G.R. Nos.
221698-700, rollo (G.R. Nos. 221698-700), Vol. I, pp. 109-117 and 124-125.