David v. SET & Llamanzares, GR No. 221538, (2016) 

Facts:

Senator Mary Grace Poe-Llamanzares is a foundling whose biological parents are unknown. As
an infant, she was abandoned at the Parish Church of Jaro, Iloilo. She was adopted by spouses
FPJ and Susan Roces. She took her college degree in the USA. 

On July 29,1991, Senator Poe decided to settle in the US with her husband and children and
lived there for some time. She was naturalized and granted American citizenship on Oct. 18,
2001. She was subsequently given a United States passport.

When FPJ ran for President in 2004, she returned to support her father’s candidacy. After
elections, she returned to the United States on July 28, 2004. On December 14, 2004, FPJ died.
She stayed in the country until Feb. 03, 2005 to attend her father’s funeral and other matters
related to his estate.

In 2004, Senator Poe resigned from work in the US, and decided to return home in 2005, and
came back on May 25, 2005. On July 7, 2006, she took the Oath of Allegiance to the Republic
of the Philippines. 

In July 2006, her Petition for Retention and or Re-acquisition of Philippine Citizenship and
derivative citizenship on behalf of her three children were granted. Senator Poe became a
registered voter of Brgy. Sta. Lucia, San Juan City on Aug. 31, 2006.

Senator Poe made several trips to the United States of America between  2006 and 2009 using
her United States Passport. She used her passport after having taken her Oath of Allegiance to
the Republic, but not after she had formally renounced her American Citizenship on Oct. 20,
2010.

On Oct. 06, 2010, Pres. Aquino appointed Senator Poe as Chairperson of the Movie and
Television Review and Classification Board  (MTRCB). On October 20, 2010, Senator Poe
executed an Affidavit of Renunciation of Allegiance to the United States of America and
Renunciation of American Citizenship, and took oath/Affirmation of Renunciation of Nationality
of the United States on July 12, 2011.

Poe decided to run as a Senator in the 2013 elections and eventually won. 

David, a losing candidate in the 2013 Senatorial Elections, filed before the Senate Electoral
Tribunal a Petition for Quo Warranto on August 6, 2015. He contested the election of Senator
Poe for failing to “comply with the citizenship and residency requirements mandated by the
constitution.”

On November 17,2005, the Senate Electoral Tribunal promulgated its assailed decision finding
Senator Poe to be a natural-born citizen and, therefore, qualified to hold office as Senator.
Hence, this petition.

ISSUE: Whether or not, Poe being a foundling, is a natural-born citizen. 

RULING: YES. 

Foundlings (children born in the Philippines with unknown parentage) were, by birth, accorded
natural-born citizenship by the Constitution. “Natural-born citizens by legal fiction” The framers
of the constitution were sufficiently empowered to create a class of natural-born citizens by legal
fiction, as an exception to the jus sanguinis rule. This is evident from Art. 1 (State to determine
who are its nationals) and Art. 2 (questions on nationality to be determined by the law of that
state) of the 1930 Hague Convention. 

To establish that a foundling is a natural-born citizen, sufficient evidence can be

presented to sustain a reasonable inference that at least one of his or her parents is a
Filipino. 
When the names of the parents of a foundling cannot be discovered despite diligent
search, but sufficient evidence is presented to sustain a reasonable inference that satisfies the
quantum of proof required to conclude that at least one or both of his or her parents is Filipino,
then this should be sufficient to establish that he or she is a natural born citizen. 

Grace Poe’s natural-born status has been affirmed and reaffirmed through various
official public acts:
First - Grace Poe was issued a foundling certificate and benefited from the domestic
adoption process. It should be noted that our adoption laws allow for the recognition of
foundlings’ Filipino citizenship on account of their birth. They benefit from this without having to
complete the naturalization process. Thus, by definition, they are natural-born citizens. 
Second - On July 18, 2006, she was granted an order of reacquisition of natural-born
citizenship under RA 9225 by the Bureau of Immigration. 
Third - On October 6, 2010, the President of the Philippines appointed her as MTRCB
Chairperson - an office that requires natural-born citizenship.

Natural-born Filipinos who have been naturalized elsewhere and wish to run for elective
public office must comply with all of the following requirements:
First, taking the oath of allegiance to the Republic. This effects the retention or
reacquisition of one’s status as a natural-born Filipino. This enables the enjoyment of full civil
and political rights, subject to all attendant liabilities and responsibilities under existing laws,
provided the solemnities recited in Sec. 5 of RA 9225 are Satisfied.
Second, compliance with Article V, Section 1 of the 1987 Constitution, RA No.
9189, otherwise known as the Overseas Absentee Voting Act of 2003, & other existing laws.
This is to facilitate the exercise of the right of suffrage; that is, to allow for voting in elections.
Third, “making a personal and sworn renunciation of any and all foreign
citizenship before any public officer authorized to administer an oath.”

DECISION:  WHEREFORE, THE PETITION FOR CERTIORARI IS DISMISSED. Private

Respondent, Mary Grace Poe-Llamanzares is a natural-born Filipino Citizen and qualified to
hold office as senator of the Republic. 
Frivaldo v. COMELEC, G.R. No. 87193 (1989)  257 SCRA 727 (retroactivity of
repatriation)
FACTS:

Petitioner Juan G. Frivaldo was proclaimed governor-elect of the province of Sorsogon on

January 22, 1988, and assumed office in due time. On October 27, 1988, the league of
Municipalities, Sorsogon Chapter, represented by its President, Salvador Estuye, who was also
suing in his personal capacity, filed with the Commission on Elections a petition for the
annulment of Frivaldo’s election and proclamation on the ground that he was not a Filipino
citizen, having been naturalized in the United States.

Frivaldo admitted that he was naturalized in the United States as alleged but pleaded the
special and affirmative defenses that he had sought American citizenship only to protect himself
against President Marcos. His naturalization, he said, was "merely forced upon himself as a
means of survival against the unrelenting persecution by the Martial Law Dictator’s agents
abroad." He added that he had returned to the Philippines after the EDSA revolution to help in
the restoration of democracy. He also argued that the challenge to his title should be dismissed,
being in reality a quo warranto petition that should have been filed within ten days from his
proclamation, in accordance with Section 253 of the Omnibus Election Code.

ISSUE:

Whether or not Frivaldo was a citizen of the Philippines at the time of his election as
provincial governor of Sorsogon.

HELD: 

The Court decided in the negative. If he really wanted to disavow his American citizenship and
reacquire Philippine citizenship, the petitioner should have done so in accordance with the laws
of our country. Under CA No. 63 as amended by CA No. 473 and PD No. 725, Philippine
citizenship may be reacquired by direct act of Congress, by naturalization, or by repatriation.
However, it appears that Frivaldo has not taken these categorical acts. He claims that he has
reacquired Philippine citizenship by virtue of repatriation. He contends that by simply filing his
certificate of candidacy he had or by actively participating in the local elections, without more,
already effectively recovered Philippine citizenship.

DECISION: The petition is dismissed and petitioner JUAN G. FRIVALDO is declared not a
citizen of the Philippines and therefore disqualified from serving as Governor of the Province of
Sorsogon. Accordingly, he is ordered to vacate his office and surrender the same to the duly
elected Vice-Governor of the said province.
Labo v. Comelec, G.R. 86564 (1989)  (marriage does not result to loss of citizenship)
FACTS:

1. Petitioner Labo was proclaimed mayor elect of Baguio City, on January 20, 1988.
2. A petition for quo warranto was filed before the Comelec by Respondent Lardizabal, the
candidate who garnered the second highest votes next to Labo.
3. Lardizabal contends that Labo is disqualified to hold office as he is not a citizen of the
Philippines.
4. Lardizabal contends that his naturalization in Australia made him at worst only a dual
national and did not divest him of his Philippine citizenship.

ISSUE: Whether or not Labo is a citizen of the Philippines.

HELD: NO. 
 He became a citizen of Australia in 1976 because he was naturalized as such through a
formal and positive process, simplified in his case because he was married to an
Australian Citizen.
 As a condition for such naturalization, he formally took the Oath of Allegiance and/or
made the Affirmation of Allegiance.
 Renouncing all other allegiance, he swore “to be faithful and bear true allegiance to Her
Majesty Elizabeth the Second, Queen of Australia…” and to fulfill his duties “as an
Australian citizen.”
 CA No. 63 enumerates the modes by which Philippine Citizenship may be lost.
Among these are:
1. Naturalization in a foreign country;
2. Express renunciation of citizenship; and
3. Subscribing to an oath of allegiance to support the Constitution or laws of foreign
country, 
All of which are applicable to the petitioner.
 It is also worth mentioning in this connection that under Article IV, Section 5, of the
present constitution, “Dual allegiance of citizens is inimical to the national interest and
shall be dealt with by law.” 
 The possibility that he may have been subsequently rejected by Australia, as he claims,
does not mean that he has been automatically reinstated as a citizen of the Philippines.
 Under CA No. 63 as amended by PD No. 725, Philippine citizenship may be reacquired by direct
act of Congress, by naturalization, or by repatriation.
 It does not appear in the record, nor does the petitioner claim, that he has
reacquired  Philippine citizenship by any of these methods.
 In fact, he was not even a qualified voter under the Constitution itself because of alienage.
 He was therefore ineligible as a candidate for mayor of Baguio City, under section 42 of the Local
Government Code. “Sec. 42. Qualifications. - An elective local official must be a citizen of the
Philippines,...”
DECISION:WHEREFORE, petitioner Ramon J. Labo, Jr. is hereby declared NOT a citizen of the
Philippines and therefore DISQUALIFIED from continuing to serve as Mayor of Baguio City.