Poe-Llamanzares Vs Comelec
Poe-Llamanzares Vs Comelec
POE-LLAMANZARES vs COMELEC
G.R. Nos. 221697
& 221698-700
THE PETITION:
The petition is composed of 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. DECEMBER 1, 2015 RESOLUTION OF THE COMMISSION ON ELECTIONS
SECOND DIVISION (Cancelled petitioners certificate of candidacy);
2. DECEMBER 23, 2015 RESOLUTION OF THE COMELEC EN BANC
(Denied petitioners motion for reconsideration); and
3. DECEMBER 11, 2015 RESOLUTION OF THE COMELEC FIRST DIVISION
(Declared that petitioner is not a natural-born citizen, that she failed to complete the ten
(10) year residency requirement, and that she committed material misrepresentation in
her COC when she declared therein that she has been a resident of the Philippines for a
period of ten 10 years and 11 months as of the day of the elections on 9 May 2016)
September 6, 1968
1973
The Poe spouses petition for adoption was granted by the trial
court and ordered that petitioner's name be changed from
AYA BACLAO
DLSU College of Law
Page 2 of 8
April 4, 1988
1988-1991
Desirous of being with her husband who was then based in the
U.S., the couple flew back to the U.S.
April16, 1992
April 5, 1993
2005
AYA BACLAO
DLSU College of Law
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March 2006
July 7, 2006
October 6, 2010
December 9, 2011
AYA BACLAO
DLSU College of Law
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October 2, 2012
Petitioner filed her COC for the Presidency for the May 2016
Elections.
In her COC, the petitioner declared that she is a natural-born
citizen and that her residence in the Philippines up to the day
before 9 May 2016 would be ten (10) years and eleven (11)
months counted from 24 May 2005.
Petitioner's filing of her COC for President in the upcoming elections triggered the filing of
several COMELEC cases against her which were the subject of these consolidated cases.
ISSUES:
1. With regard to: a) being a foundling, and b) her repatriation, is the petitioner a naturalborn citizen of the Philippines? YES TO BOTH.
2. Did the petitioner meet the 10-year residency requirement for running as president? YES.
Did the petitioner commit material misrepresentation in her Certificate of Candidacy?
NO.
RATIONALE:
1. Is petitioner a natural-born citizen of the Philippines?
ON BEING A FOUNDLING:
As a matter of law, foundlings are as a class, natural-born citizens.
The Family Code of the Philippines has a whole chapter on Paternity and Filiation. That
said, there is more than sufficient evidence that petitioner has Filipino parents and is
therefore a natural-born Filipino.
The factual issue is not who the parents of petitioner are, as their identities are unknown,
but whether such parents are Filipinos. Under Section 4, Rule 128:
Sec. 4. Relevancy, collateral matters - Evidence must have such a relation to the fact
in issue as to induce belief in its existence or non-existence. Evidence on collateral
AYA BACLAO
DLSU College of Law
Page 5 of 8
matters shall not be allowed, except when it tends in any reasonable degree to
establish the probability of improbability of the fact in issue.
Parenthetically, the burden of proof was on private respondents to show that petitioner is
not a Filipino citizen. The private respondents should have shown that both of petitioner's
parents were aliens. Her admission that she is a foundling did not shift the burden to her
because such status did not exclude the possibility that her parents were Filipinos,
especially as in this case where there is a high probability, if not certainty, that her
parents are Filipinos.
The Solicitor General offered official statistics from the Philippine Statistics Authority
(PSA) that from 1965 to 1975, the total number of foreigners born in the Philippines was
15,986 while the total number of Filipinos born in the country was 10,558,278. The
statistical probability that any child born in the Philippines in that decade is natural-born
Filipino was 99.83%.
Domestic laws on adoption also support the principle that foundlings are Filipinos. These
laws do not provide that adoption confers citizenship upon the adoptee. Rather, the
adoptee must be a Filipino in the first place to be adopted.
Other circumstantial evidence of the nationality of petitioner's parents are the fact that she
was abandoned as an infant in a Roman Catholic Church in Iloilo City. She also has
typical Filipino features: height, flat nasal bridge, straight black hair, almond-shaped eyes
and an oval face.
Foundlings are likewise citizens under international law.
The Universal Declaration of Human Rights ("UDHR") has been interpreted by this
Court as part of the generally accepted principles of international law and binding on the
State.
Universal Declaration of Human Rights Article 15:
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the
right to change his nationality.
In 1986, the country also ratified the 1966 International Covenant on Civil and Political
Rights (ICCPR). Article 24 thereof provide for the right of every child "to acquire a
nationality:"
To deny full Filipino citizenship to all foundlings and render them stateless just because
there may be a theoretical chance that one among the thousands of these foundlings might
be the child of not just one, but two, foreigners is downright discriminatory, irrational,
and unjust. It just doesn't make any sense. Given the statistical certainty - 99.9% - that
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DLSU College of Law
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any child born in the Philippines would be a natural born citizen, a decision denying
foundlings such status is effectively a denial of their birthright. There is no reason to
sacrifice the fundamental political rights of an entire class of human beings.
While the 1935 Constitution's enumeration is silent as to foundlings, there is no
restrictive language which would definitely exclude foundlings either.
ON PETITIONERS REPATRIATION
The COMELEC ruled that petitioner's repatriation in July 2006 under the provisions of
R.A. No. 9225 did not result in the reacquisition of natural-born citizenship. The
COMELEC reasoned that since the applicant must perform an act, what is reacquired is
not "natural-born" citizenship but only plain "Philippine citizenship."
According to the Supreme Court, the COMELEC's ruling disregarded consistent
jurisprudence on the matter of repatriation.
In the seminal case of Bengson Ill v. HRET, repatriation was explained as follows:
Repatriation results in the recovery of the original nationality. This means that a
naturalized Filipino who lost his citizenship will be restored to his prior status as a
naturalized Filipino citizen. On the other hand, if he was originally a natural-born
citizen before he lost his Philippine citizenship, he will be restored to his former
status as a natural-bom Filipino.
Also, COMELEC's position that natural-born status must be continuous was already
rejected in Bengson vs. HRET where the phrase "from birth" was clarified to mean at the
time of birth: "A person who at the time of his birth, is a citizen of a particular country, is
a natural-born citizen thereof."
2. Did the petitioner meet the 10-year residency requirement for running as president?
ON RESIDENCE
The Constitution requires presidential candidates to have 10 years residence in the
Philippines before the day of the elections.
Petitioner presented voluminous evidence showing that she and her family abandoned
their U.S. domicile and relocated to the Philippines for good. These evidence include
petitioner's former U.S. passport showing her arrival on 24 May 2005 and her return to
the Philippines every time she travelled abroad; e-mail correspondences starting in March
2005 to September 2006 with a freight company to arrange for the shipment of their
household items weighing about 28,000 pounds to the Philippines; e-mail with the
Philippine Bureau of Animal Industry inquiring how to ship their dog to the Philippines;
AYA BACLAO
DLSU College of Law
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school records of her children showing enrollment in Philippine schools starting June
2005 and for succeeding years; tax identification card for petitioner issued on July 2005;
titles for condominium and parking slot issued in February 2006 and their corresponding
tax declarations issued in April 2006; receipts dated 23 February 2005 from the Salvation
Army in the U.S. acknowledging donation of items from petitioner's family; March 2006
e-mail to the U.S. Postal Service confirming request for change of address; final
statement from the First American Title Insurance Company showing sale of their U.S.
home on 27 April 2006; 12 July 2011 filled-up questionnaire submitted to the U.S.
Embassy where petitioner indicated that she had been a Philippine resident since May
2005; affidavit from Jesusa Sonora Poe (attesting to the return of petitioner on 24 May
2005 and that she and her family stayed with affiant until the condominium was
purchased); and Affidavit from petitioner's husband (confirming that the spouses jointly
decided to relocate to the Philippines in
2005 and that he stayed behind in the U.S. only to finish some work and to
sell the family home).
The evidence of petitioner is overwhelming and coupled with her eventual application to
reacquire Philippine citizenship and her family's actual continuous stay taken together,
lead to no other conclusion that when she came here on May 24 2005, her intention was
to permanently abandon the United States. Petitioner also actually re-established her
residence here on 24 May 2005.
ON MATERIAL MISREPRESENTATION
The COMELEC ruled that petitioner's claim of residence of ten (10) years and eleven
(11) months by 9 May 2016 in her 2015 COC was false because she put six ( 6) years and
six (6) months as "period of residence before May 13, 2013" in her 2012 COC for
Senator. Thus, according to the COMELEC, she started being a Philippine resident only
in November 2006. In doing so, the COMELEC automatically assumed as true the
statement in the 2012 COC and the 2015 COC as false.
As explained by petitioner in her verified pleadings, she misunderstood the date required
in the 2013 COC as the period of residence as of the day she submitted that COC in 2012.
Her explanation that she misunderstood the query in 2012 (period of residence before 13
May 2013) as inquiring about residence as of the time she submitted the COC, is
strengthened by the change which the COMELEC itself introduced in the 2015 COC
which is now "period of residence in the Philippines up to the day before May 09, 2016."
The COMELEC would not have revised the query if it did not acknowledge that the first
version was vague.
Thus, it was grave abuse of discretion for the COMELEC to treat the 2012 COC as a
binding and conclusive admission against petitioner.
AYA BACLAO
DLSU College of Law
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CONCLUSION:
The procedure and the conclusions from which the questioned Resolutions emanated are
tainted with grave abuse of discretion amounting to lack of jurisdiction. The petitioner is
a QUALIFIED CANDIDATE for President in the 9 May 2016 National Elections.
AYA BACLAO
DLSU College of Law