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  • Poe vs. Comelec

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    RUBY JAN CASAS
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    Grace Poe challenged the Comelec's decision to cancel her candidacy for the 2016 Philippine presidential election. The Supreme Court ruled that Poe is a natural-born Filipino citizen and satisfies the residency requirement. As a foundling born in the Philippines with 99% probability of Filipino parents, Poe is considered natural-born under the Constitution. Poe also meets the 10-year residency requirement since she established intent to remain permanently in the Philippines starting in 2005, as shown by quitting her US job, applying for Filipino citizenship, and stopping use of her American passport. The Supreme Court therefore allowed Poe's candidacy.

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    Grace Poe challenged the Comelec's decision to cancel her candidacy for the 2016 Philippine presidential election. The Supreme Court ruled that Poe is a natural-born Filipino citizen and satisfies the residency requirement. As a foundling born in the Philippines with 99% probability of Filipino parents, Poe is considered natural-born under the Constitution. Poe also meets the 10-year residency requirement since she established intent to remain permanently in the Philippines starting in 2005, as shown by quitting her US job, applying for Filipino citizenship, and stopping use of her American passport. The Supreme Court therefore allowed Poe's candidacy.

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    47 views1 page

    Poe vs. Comelec

    Uploaded by

    RUBY JAN CASAS
    Grace Poe challenged the Comelec's decision to cancel her candidacy for the 2016 Philippine presidential election. The Supreme Court ruled that Poe is a natural-born Filipino citizen and satisfies the residency requirement. As a foundling born in the Philippines with 99% probability of Filipino parents, Poe is considered natural-born under the Constitution. Poe also meets the 10-year residency requirement since she established intent to remain permanently in the Philippines starting in 2005, as shown by quitting her US job, applying for Filipino citizenship, and stopping use of her American passport. The Supreme Court therefore allowed Poe's candidacy.

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    POE- LLAMANZARES vs. COMELEC,et al. GR Nos.

    221697 March 8,2016

    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 demise 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 Reacquisition 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 biological 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.

    Issues: Whether or not Grace Poe- Llamanzares is a natural- born Filipino


    citizen, and 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 right 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 circumstantial 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. 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 Supreme Court.

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