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    Poe VS Comelec

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    mario navalez
    Grace Poe challenged the COMELEC's cancellation of her candidacy for President in the 2016 elections. The Supreme Court ruled 9-6 that Poe is a natural-born Filipino citizen and satisfies the residency requirement. Poe was found as an infant in Iloilo, Philippines in 1968 and there is a high probability that her biological parents were Filipinos. As a foundling, Poe is considered a natural-born citizen under Philippine law and the UN Convention. Poe also satisfied the 10-year residency requirement because she demonstrated intent to remain permanently in the Philippines since returning in 2005, as evidenced by her actions to reacquire Filipino citizenship. The Supreme Court therefore reversed COME

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    Poe VS Comelec

    Uploaded by

    mario navalez
    680 views2 pages
    Grace Poe challenged the COMELEC's cancellation of her candidacy for President in the 2016 elections. The Supreme Court ruled 9-6 that Poe is a natural-born Filipino citizen and satisfies the residency requirement. Poe was found as an infant in Iloilo, Philippines in 1968 and there is a high probability that her biological parents were Filipinos. As a foundling, Poe is considered a natural-born citizen under Philippine law and the UN Convention. Poe also satisfied the 10-year residency requirement because she demonstrated intent to remain permanently in the Philippines since returning in 2005, as evidenced by her actions to reacquire Filipino citizenship. The Supreme Court therefore reversed COME

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    POE-VS-COMELEC

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    Grace Poe challenged the COMELEC's cancellation of her candidacy for President in the 2016 elections. The Supreme Court ruled 9-6 that Poe is a natural-born Filipino citizen and satisfies the residency requirement. Poe was found as an infant in Iloilo, Philippines in 1968 and there is a high probability that her biological parents were Filipinos. As a foundling, Poe is considered a natural-born citizen under Philippine law and the UN Convention. Poe also satisfied the 10-year residency requirement because she demonstrated intent to remain permanently in the Philippines since returning in 2005, as evidenced by her actions to reacquire Filipino citizenship. The Supreme Court therefore reversed COME

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    680 views2 pages

    Poe VS Comelec

    Uploaded by

    mario navalez
    Grace Poe challenged the COMELEC's cancellation of her candidacy for President in the 2016 elections. The Supreme Court ruled 9-6 that Poe is a natural-born Filipino citizen and satisfies the residency requirement. Poe was found as an infant in Iloilo, Philippines in 1968 and there is a high probability that her biological parents were Filipinos. As a foundling, Poe is considered a natural-born citizen under Philippine law and the UN Convention. Poe also satisfied the 10-year residency requirement because she demonstrated intent to remain permanently in the Philippines since returning in 2005, as evidenced by her actions to reacquire Filipino citizenship. The Supreme Court therefore reversed COME

    Copyright:

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    of 2

    MARIO L. NAVALEZ JR.

    JD 2
    ADMINISTRATIVE LAW

    MARY GRACE NATIVIDAD S POE- LLAMANZARES vs.


    COMELEC,et al.
    GR Nos. 221697 , GR No. 221698-700
    March 8,2016
    Perez, J.:

    FACTS:

    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.

    Grace Poe  was born in 1968., found as newborn infant in Jaro,Iloilo and 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 appointes 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.

    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 Grace Poe- Llamanzares is a natural- born Filipino citizen

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

    HELD:

    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.

    (1) 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 bilogical
    parents are Filipinos. Said probability and circumstancial evidence are admissible under
    Rule 128, Sec 4 of the Rules on Evidence.

    (2) 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.

    (3) That 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.

    As to the residency issue, 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.

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