Mary Grace Natividad S. Poe-Llamanzares vs. COMELEC

MARY GRACE NATIVIDAD S.
POE-
LLAMANZARES
VS.
COMELEC
Presentation By:
Ivann Rhenae R. Endozo
Persons and Family Relations- 1A
Mary Grace Natividad Poe-Llamanzares is the petitioner;
she was abandoned as a child. At some point, Susan
THE FACTS OF Roces and Fernando Poe Jr., two well-known actors,
adopted her
THE CASE She had acquired US citizenship. But in accordance with

RA 9225 (Citizenship Retention and Re-acquisition Act of
2003), she submitted a petition to reacquire Philippine
citizenship and took the oath of allegiance to the
Republic of the Philippines. Her application was approved
by the Bureau of Immigration.
She submitted a certificate of candidacy for the May

2016 presidential elections. Cases GR 221697 & GR
221698-700 to annul her COC were submitted to
COMELEC due to her ineligibility in terms of both
citizenship and residency requirements.
THE FACTS OF
THE CASE GR 221697: Estrella Elamparo filed a petition to revoke
Poe's COC on the grounds that Poe materially
misrepresented herself when she claimed to be a Filipino
citizen by naturalization and to have her domicile in the
country.
CASES FILED AGAINST
THE PETITIONER
Francisco Tatad, et al. filed GR 221698-700, seeking to
exclude Poe from the presidency on the grounds that
she lacked the required citizenship and residency. Since
the Philippines upholds jus sanguinis and foundlings have
unknown parentage, according to Tatad, they cannot be
regarded as native-born Filipino citizens.
THE FACTS OF It was argued in the proceedings that because
THE CASE
the petitioner was a foundling, she was not eligible
to regain her Philippine citizenship under RA 9225
because that law only applies to citizens who are
natural-born Filipinos.
The petitioner sought to revoke the COMELEC's

ruling granting the petitions against her.
ISSUES AT BAR
(1) Whether or not Grace (2) Whether or not Poe

Poe- Llamanzares is a satisfies the 10-year
natural- born Filipino citizen residency requirement.
RULINGS OF THE
COURT
Issue No.1: Whether or not Grace Poe- Llamanzares is a natural-
born Filipino citizen
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.
The Court ruled in favor of the petitioner on the following grounds:
(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 biological parents are
Filipinos. Said probability and circumstancial evidence are admissible
under Rule 128, Sec 4 of the Rules on Evidence.
(
RULINGS OF THE
COURT
(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.
(
RULINGS OF THE
COURT
Issue No.2: Whether or not Poe satisfies the 10-year residency
requirement.
YES.
Regarding the residency issue, Grace Poe met the criteria for ANIMUS
MANENDI (intent to remain permanently) along with ANIMUS NON
REVERTENDI (intent to not return to the US) by obtaining a new domicile in
the Philippines. As a result, she satisfied the 10-year residency requirement.
Grace Poe submitted compelling proof of her actual stay and intention to
permanently relinquish her residence in the US beginning on May 24, 2005,
after returning to the Philippines, along with her subsequent application to
reacquire Filipino citizenship under RA 9225. Consequently, the SC
approved her candidacy for the presidency.
REFERENCES
Supreme Court E-Library. (March 8, 2016). Mary Grace Natividad S. Poe-Llamanzares vs. Commission on Elections.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61848
The Lawphil Project. (February 24, 2004). Republic Act No. 9252.
https://lawphil.net/statutes/repacts/ra2004/ra_9252_2004.html
THANK YOU ATTY!

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MARY GRACE NATIVIDAD S.

THE CASE She had acquired US citizenship. But in accordance with

She submitted a certificate of candidacy for the May

The petitioner sought to revoke the COMELEC's

(1) Whether or not Grace (2) Whether or not Poe

YES. Grace Poe is considerably a natural-born Filipino Citizen. For

The Court ruled in favor of the petitioner on the following grounds:

(3) That Foundlings are automatically conferred with the natural-born

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