DAVID vs.

SET circumstances made it appear that she was a

G.R. No. 221538
Sep 20, 2016
FACTS: Senator Poe is a foundling whose
biological parents are unknown. As an infant, she
was abandoned at the Parish Church of Jaro, Iloilo.
Emiliano Militar reported to the Office of the Local
Civil Registrar that the infant was found on
September 6, 1968. She was given the name Mary
Grace Natividad Contreras Militar. The Local Civil
Registrar issued a Certificate of Live
Birth/Foundling Certificate. Thereafter, Senator
Poe was adopted by Fernando Poe, Jr. And Susan
Roces.
viable candidate for President of the Philippines.
Until this, as well as the proceedings in the related
case of Poe- Llamanzares, Poe's natural-born
status has been affirmed and reaffirmed through
various official public acts.
First, Poe was issued a foundling certificate and
benefitted from the domestic adoption process.
Second, on July 18, 2006,she was granted an order
of reacquisition of natural-born citizenship under
Republic Act No. 9225 by the Bureau of
Immigration.

Senator Poe became an American citizen, but Third, on October 6, 2010, the President of the
subsequently re- acquired Philippine citizenship Philippines appointed her as MTRCB Chairperson
through RA 9225, as granted by the Bureau of —an office that requires natural-born citizenship.
Immigration and Deportation through an Order
which stated:
These public acts are prima facie evidence of the
fact that Senator Poe is a natural-born citizen.
A careful review of the documents submitted in These were not challenged by David.
support of the instant petition indicate that Poe
was a former citizen of the Republic of the
Philippines being born to Filipino parents and is
presumed to be a natural born Philippine citizen;
thereafter, became an American citizen and is now
a holder of an American passport; was issued an
ACT and ICR and has taken her oath of allegiance
to the Republic of the Philippines on July 7, 2006
and so is thereby deemed to have re-acquired her
Philippine Citizenship.

On October 6, 2010, President Benigno Simeon

Aquino III appointed Senator Poe as Chairperson
of the MTRCB, which requires natural-born
citizenship.

ISSUE: Whether or not the public acts recognizing

Senator Poe's natural-born status is admissible –
YES.

RULING: Section 44. Entries in official records. —

Entries in official records made in the
performance of his duty by a public officer of the
Philippines, or by a person in the performance of a
duty specially enjoined by law, are prima facie
evidence of the facts therein stated. (46)

Several acts of executive organs have recognized

Senator Poe’s natural-born status. This status was
never questioned throughout her life; that is, until