G.R. No.

221697

MARY GRACE NATIVIDAD S. POE-LLAMANZARES, Petitioners,

vs.
COMELEC AND ESTRELLA C. ELAMPARO Respondents.

x-----------------------x

G.R. No. 221698-700

MARY GRACE NATIVIDAD S. POE-LLAMANZARES, Petitioners,

vs.
COMELEC, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS AND AMADO D.
VALDEZ Respondents.

FACTS:

These are two consolidated petitions under Rule 64 in relation to Rule 65 of the Rules
of Court with extremely urgent application for an ex parte issuance of temporary
restraining order/status quo ante order and/or writ of preliminary injunction assailing
the following: (1) 1 December 2015 Resolution of the Commission on Elections
(COMELEC) Second Division; (2) 23 December 2015 Resolution of the COMELEC En
Banc, in SPA No. 15-001 (DC); (3) 11 December 2015 Resolution of the COMELEC First
Division; and ( 4) 23 December 2015 Resolution of the COMELEC En Banc, in SPA No.
15-002 (DC), SPA No. 15-007 (DC) and SPA No. 15-139 (DC) for having been issued
without jurisdiction or with grave abuse of discretion amounting to lack or excess of
jurisdiction.

Mary Grace Natividad S. Poe-Llamanzares (petitioner) was born in 1968 and found as
newborn infant in Jaro, Iloilo. She was legally adopted by RONALD ALLAN KELLY POE
(FPJ) and JESUS SONORA POE (SUSAN ROCES) in 1974. She immigrated to the US in
1991 after her marriage to Theodore Llamanzares who was then based at the US.
Grace Poe then became a naturalized American citizen in 2001.

On December 2004, he returned to the Philippines due to his father’s deteriorating

medical condition, who then eventually demice on February 3,2005. She then quitted
her job in the US to be with her grieving mother and finally went home for good to the
Philippines on MAY 24, 2005.

On JULY 18, 2006, the BI granted her petition declaring that she had reacquired her
Filipino citizenship under RA 9225. She registered as a voter and obtained a new
Philippine Passport.
In 2010, before assuming her post as appointed Chairperson of the MTRCB, she
renounced her American citizenship to satisfy the RA 9225 requirements as to
Reacquistion of Filipino Citizenship. From then on, she stopped using her American
passport.

In her COC for Presidency on the May 2016 elections, Grace Poe declared that she is a
natural-born citizen of the Philippines and that her residence up to day before May 9,
2016 would be 10 years and 11 months counted from May 24, 2005.

Petitions were filed before the COMELEC to deny or cancel her candidacy on the ground
particularly among others, that she cannot be considered a natural born Filipino citizen
since she was a FOUNDLING and that her bioligical parents cannot be proved as
Filipinos. The Comelec en banc cancelled her candidacy on the ground that she is in
want of citizenship and residence requirements and that she committed
misrepresentation in her COC.

On CERTIORARI, the SUPREME COURT, reversed the ruling and held a vote of 9-6
that POE is qualified as candidate for Presidency.

ISSUES:

(1) Whether or not Mary Grace Poe-Llamanzares is a Filipino citizen and if she is
qualified to run for presidency.

(2) Whether or not Poe satisfies the 10-year residency requirement.

HELD:

1. YES. GRACE POE is considerably a natural-born Filipino Citizen. For that, she satisfied
the constitutional reqt that only natural-born Filipinos may run for Presidency. There is
high probability that Poe’s parents are Filipinos, as being shown in her physical features
which are typical of Filipinos, aside from the fact that she was found as an infant in
Jaro, Iloilo, a municipality wherein there is 99% probability that residents there are
Filipinos, consequently providing 99% chance that Poe’s biological parents are Filipinos.
Said probability and circumstancial evidence are admissible under Rule 128, Sec 4 of
the Rules on Evidence. The SC pronounced that FOUNDLINGS are as a class, natural
born- citizens as based on the deliberations of the 1935 Constitutional Convention,
wherein though its enumeration is silent as to foundlings, there is no restrictive
language either to definitely exclude the foundlings to be natural born citizens.
Foundlings are automatically conferred with the natural-born citizenship as to the
country where they are being found, as covered and supported by the UN Convention
Law.
2. YES, GRACE POE satisfied the 10-year residency because she satisfied the
requirements of ANIMUS MANENDI (intent to remain permanently) coupled with
ANIMUS NON REVERTENDI (intent of not returning to US) in acquiring a new
domicile in the Philippines. Starting May 24,2005, upon returning to the Philippines,
Grace Poe presented overwhelming evidence of her actual stay and intent to abandon
permanently her domicile in the US, coupled with her eventual application to reacquire
Filipino Citizenship under RA 9225. Hence, her candidacy for Presidency was granted by
the SC.