David v.

Poe-Llamanzares,
SET Case No. 001-15,
Nov. 17, 2005
Maribeth Brown-Oliver, JD1B
SLIDESMANIA.COM
 ABOUT THE PETITION
On Aug 2015, a quo warranto petition was
submitted by socio-political analyst and radio
commentator Rizalito David to the Senate
Electoral Tribunal to remove Poe from her seat
in the Senate based on the assertion that, as a
foundling of unknown parentage, she is not a
natural-born Filipino citizen. Under the
Philippine nationality law only natural-born
citizens are eligible to be elected in national
office.
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 UNDISPUTABLE FACTS
OF GRACE POE’S LIFE
◢ The respondent is a foundling. Her birth certificate registry
shows that she was found in a church in Iloilo on Sep 1968.
She was in custody of Edgardo Militar, the man who found
her. Her biological parents remains unknown.
◢ The responded was legally adopted by spouses Ronald Allan
Poe (Fernando Poe Jr) and Jesusa Sonora Poe (Susan
Roces) at the age of 5 years.
◢ The respondent is a registered voted of the Philippines by
the time she was 18. She also was issued a Philippine
passport on 1988, which was renewed at least 5 times in her
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lifetime.
 UNDISPUTABLE FACTS
OF GRACE POE’S LIFE
◢ Poe went to the US to study for college. By 1991 she
married Teodoro Llamanzares, a man with dual US-PH
citizenship with a ceremony done in the Philippines, after
which, she later joined her husband in the US.
◢ She became a naturalized US citizen in 2001 with a US
Passport.
◢ She later came home in the Philippines in 2005. A year
later, re reacquired her Filipino citizenship by swearing an
oath of allegiance to the Republic of the Philippines and
filing a petition of re acquisition of Filipino Citizenship at the
Bureau of Immigration.
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◢ Between 2006-2009 she made several trips to the US using

her US Passport.
 UNDISPUTABLE FACTS
OF GRACE POE’S LIFE
◢ In 2010, Poe renounced her allegiance and
citizenship to the United States of America as
she was being appointed MTRB Chairperson.
◢ In 2011 she affirmed her renunciation of her
allegiance and citizenship to the United States
of America, which was approved by the US
Department of State Overseas Citizen's Office.
◢ 2013 Poe won the Senatorial elections and
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remains a sitting as a member of the Senate.

 MAIN ISSUE

Whether or not the

respondent is eligible to
sit as Senator of the
Republic of the
Philippines.
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 SUB-ISSUES
❖ Whether or not it was the legislative intent of the 1937
Constitution to regard foundlings as citizens of the
Philippines under Sec1 Art IV. (even though foundlings
are not mentioned there)
❖ W/N a child born in the Philippines in 1968 of unknown
parents is a natural born Filipino
❖ W/N the respondent has reacquired her citizenship with
compliance to Sec 5(2) of RA 9225 to qualify to an
elective position
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 SUB-ISSUES
❖ W/N under PH Jurisprudence that the US must first approve
the respondent's renunciation of the USA citizenship before she
can qualify for public office.
❖ W/N use of her USA Passport after Jul 07 2006 affected her
acquisition of natural-born Filipino citizenship.
❖ W/N use of her USA Passport after re-acquiring her Filipino
citizenship has affected her renunciation of USA citizenship.
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 SET RULING:
● On November 17, 2015, the Senate Electoral Tribunal dismissed
the case, opining that Poe could remain in the Senate.
● The Tribunal ruled that Senator Mary Grace Poe-Llamanzares is
a natural-born citizen under the 1935 Constitution and continue
to be a natural-born citizen as defined under the 1987
Constitution.
● The Tribunal further ruled that she validly reacquired her
natural-born citizen under R.A. 9225 and validly renounced her
American citizenship.
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 SET RULING:

David filed a motion for reconsideration to reverse the ruling by

SET, which was rejected. After which he filed an appeal with
the Supreme Court docketed as G.R. No. 221538 (David vs.
SET and Mary Grace Poe-Llamanzares). At the court's request,
the Office of Solicitor General submitted an opinion on the SET
ruling to the Supreme Court. The opinion favors the original
SET ruling in dismissing David's disqualification case against
Poe.
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 David v. Poe-Llamanzares,
SET Case No. 001-15,
Nov. 17, 2005
Maribeth Brown-Oliver, JD1B
SLIDESMANIA.COM