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Tecson vs. Commission on Elections Rules of Civil Procedure.

The petition likewise prayed for a


[GR 151434, 3 March 2004] temporary restraining order, a writ of preliminary injunction or any
other resolution that would stay the finality and/or execution of the
Facts: COMELEC resolutions. The other petitions, later consolidated with
GR 161824, would include GR 161434 and GR 161634, both
On 31 December 2003, Ronald Allan Kelly Poe, also known challenging the jurisdiction of the COMELEC and asserting that,
as Fernando Poe, Jr. (FPJ), filed his certificate of candidacy for the under Article VII, Section 4, paragraph 7, of the 1987 Constitution,
position of President of the Republic of the Philippines under the only the Supreme Court had original and exclusive jurisdiction to
Koalisyon ng Nagkakaisang Pilipino (KNP) Party, in the 2004 resolve the basic issue on the case.
national elections. In his certificate of candidacy, FPJ, representing
himself to be a natural-born citizen of the Philippines, stated his Issue: Whether FPJ was a natural born citizen, so as to be allowed
name to be "Fernando Jr.," or "Ronald Allan" Poe, his date of birth to to run for the office of the President of the Philippines.
be 20 August 1939 and his place of birth to be Manila. Victorino X.
Fornier, (GR 161824) initiated, on 9 January 2004, a petition (SPA Held: Section 2, Article VII, of the 1987 Constitution expresses that
04-003) before the Commission on Elections (COMELEC) to "No person may be elected President unless he is a natural-born
disqualify FPJ and to deny due course or to cancel his certificate of citizen of the Philippines, a registered voter, able to read and write,
candidacy upon the thesis that FPJ made a material at least forty years of age on the day of the election, and a resident
misrepresentation in his certificate of candidacy by claiming to be a of the Philippines for at least ten years immediately preceding such
natural-born Filipino citizen when in truth, according to Fornier, his election." The term "natural-born citizens," is defined to include
parents were foreigners; his mother, Bessie Kelley Poe, was an "those who are citizens of the Philippines from birth without having to
American, and his father, Allan Poe, was a Spanish national, being perform any act to acquire or perfect their Philippine citizenship."
the son of Lorenzo Pou, a Spanish subject. Granting, Fornier Herein, the date, month and year of birth of FPJ appeared to be 20
asseverated, that Allan F. Poe was a Filipino citizen, he could not August 1939 during the regime of the 1935 Constitution. Through its
have transmitted his Filipino citizenship to FPJ, the latter being an history, four modes of acquiring citizenship - naturalization, jus soli,
illegitimate child of an alien mother. Fornier based the allegation of res judicata and jus sanguinis – had been in vogue. Only two, i.e.,
the illegitimate birth of FPJ on two assertions: (1) Allan F. Poe jus soli and jus sanguinis, could qualify a person to being a “natural-
contracted a prior marriage to a certain Paulita Gomez before his born” citizen of the Philippines. Jus soli, per Roa vs. Collector of
marriage to Bessie Kelley and, (2) even if no such prior marriage had Customs (1912), did not last long. With the adoption of the 1935
existed, Allan F. Poe, married Bessie Kelly only a year after the birth Constitution and the reversal of Roa in Tan Chong vs. Secretary of
of FPJ. On 23 January 2004, the COMELEC dismissed SPA 04-003 Labor (1947), jus sanguinis or blood relationship would now become
for lack of merit. 3 days later, or on 26 January 2004, Fornier filed his the primary basis of citizenship by birth. Considering the reservations
motion for reconsideration. The motion was denied on 6 February made by the parties on the veracity of some of the entries on the
2004 by the COMELEC en banc. On 10 February 2004, Fornier birth certificate of FPJ and the marriage certificate of his parents, the
assailed the decision of the COMELEC before the Supreme Court only conclusions that could be drawn with some degree of certainty
conformably with Rule 64, in relation to Rule 65, of the Revised from the documents would be that (1) The parents of FPJ were Allan
F. Poe and Bessie Kelley; (2) FPJ was born to them on 20 August JESUS SONORA POE (SUSAN ROCES) in 1974. She immigrated
1939; (3) Allan F. Poe and Bessie Kelley were married to each other to the US in 1991 after her marriage to Theodore Llamanzares who
on 16 September, 1940; (4) The father of Allan F. Poe was Lorenzo was then based at the US. Grace Poe then became a naturalized
American citizen in 2001.
Poe; and (5) At the time of his death on 11 September 1954,
Lorenzo Poe was 84 years old. The marriage certificate of Allan F.
Poe and Bessie Kelley, the birth certificate of FPJ, and the death On December 2004, he returned to the Philippines due to his father’s
certificate of Lorenzo Pou are documents of public record in the deteriorating medical condition, who then eventually demice on
custody of a public officer. The documents have been submitted in February 3,2005. She then quitted her job in the US to be with her
evidence by both contending parties during the proceedings before grieving mother and finally went home for good to the Philippines on
MAY 24, 2005.
the COMELEC. But while the totality of the evidence may not
establish conclusively that FPJ is a natural-born citizen of the
Philippines, the evidence on hand still would preponderate in his On JULY 18, 2006, the BI granted her petition declaring that she had
favor enough to hold that he cannot be held guilty of having made a reacquired her Filipino citizenship under RA 9225. She registered as
material misrepresentation in his certificate of candidacy in violation a voter and obtained a new Philippine Passport.
of Section 78, in relation to Section 74, of the Omnibus Election
Code. Fornier has utterly failed to substantiate his case before the In 2010, before assuming her post as appointes Chairperson of the
Court, notwithstanding the ample opportunity given to the parties to MTRCB , she renounced her American citizenship to satisfy the RA
present their position and evidence, and to prove whether or not 9225 requirements as to Reacquistion of Filipino Citizenship. From
there has been material misrepresentation, which, as so ruled in then on, she stopped using her American passport.
Romualdez-Marcos vs. COMELEC, must not only be material, but
also deliberate and willful. The petitions were dismissed. 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
MARY GRACE NATIVIDAD S POE- LLAMANZARES vs. Filipinos. The Comelec en banc cancelled her candidacy on the
COMELEC,et al. ground that she is in want of citizenship and residence requirements
GR Nos. 221697 , GR No. 221698-700 and that she committed misrepresentation in her COC.
March 8,2016

On CERTIORARI, the SUPREME COURT, reversed the ruling and


FACTS:
held a vote of 9-6 that POE is qualified as candidate for Presidency.
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
ISSUES: (1) Whether or not Grace Poe- Llamanzares is a natural- the Philippines, Grace Poe presented overwhelming evidence of her
born Filipino citizen 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
(2) Whether or not Poe satisfies the 10-year residency requirement. was granted by the SC

HELD: MERCADO VS. MANZANO.


MAY 26, 1999
YES. GRACE POE is considerably a natural-born Filipino Citizen.
For that, she satisfied the constitutional reqt that only natural-born FACTS:
Filipinos may run for Presidency.
Petitioner Ernesto S. Mercado and private respondent Eduardo B.
(1) there is high probability that Poe’s parents are Filipinos, as being Manzano were candidates for vice mayor of the City of Makati in the
shown in her physical features which are typical of Filipinos, aside May 11, 1998 elections. Respondent was then declared the winning
from the fact that she was found as an infant in Jaro, Iloilo, a candidate; however its proclamation was suspended in view of a
municipality wherein there is 99% probability that residents there are
pending petition for disqualification filed by a certain Ernesto Mamaril
Filipinos, consequently providing 99% chance that Poe’s bilogical
parents are Filipinos. Said probability and circumstancial evidence who alleged that private respondent was not a citizen of the
are admissible under Rule 128, Sec 4 of the Rules on Evidence. Philippines but of the United States.

In its resolution, dated May 7, 1998, the Second Division of the


(2) The SC pronounced that FOUNDLINGS are as a class, natural COMELEC granted the petition of Mamaril and ordered the
born- citizens as based on the deliberations of the 1935 cancellation of the certificate of candidacy of private respondent on
Constitutional Convention, wherein though its enumeration is silent the ground that he is a dual citizen and, Section 40(d) of the Local
as to foundlings, there is no restrictive language either to definitely
Government Code provides that persons with dual citizenship are
exclude the foundlings to be natural born citizens.
disqualified from running for any elective position.

(3) That Foundlings are automatically conferred with the natural-born Respondent admitted that he is registered as a foreigner with the
citizenship as to the country where they are being found, as covered Bureau of Immigration under Alien Certificate of Registration No. B-
and supported by the UN Convention Law.
31632 and alleged that he is a Filipino citizen because he was born
in 1955 of a Filipino father and a Filipino mother. He was born in the
As to the residency issue, Grace Poe satisfied the 10-year United States, San Francisco, California, on September 14, 1955,
residency because she satisfied the requirements of ANIMUS and is considered an American citizen under US Laws. But
MANENDI (intent to remain permanently) coupled with ANIMUS notwithstanding his registration as an American citizen, he did not
NON REVERTENDI (intent of not returning to US) in acquiring a new lose his Filipino citizenship. From these facts, respondent is a dual
domicile in the Philippines. Starting May 24,2005, upon returning to
citizen - both a Filipino and a US citizen.
ISSUE: the result of an individual’s volition.

Whether or not Manzano is qualified to hold office as Vice-Mayor. By filing a certificate of candidacy when he ran for his present post,
private respondent elected Philippine citizenship and in effect
HELD: renounced his American citizenship. The filing of such certificate of
candidacy sufficed to renounce his American citizenship, effectively
The petition was dismissed. Dual citizenship is different from dual removing any disqualification he might have as a dual citizen.
allegiance. The former arises when, as a result of the concurrent
application of the different laws of two or more states, a person is By declaring in his certificate of candidacy that he is a Filipino citizen;
simultaneously considered a national by the said states. For that he is not a permanent resident or immigrant of another country;
instance, such a situation may arise when a person whose parents that he will defend and support the Constitution of the Philippines
are citizens of a state which adheres to the principle of jus sanguinis and bear true faith and allegiance thereto and that he does so
is born in a state which follows the doctrine of jus soli. Private without mental reservation, private respondent has, as far as the
respondent is considered as a dual citizen because he is born of laws of this country are concerned, effectively repudiated his
Filipino parents but was born in San Francisco, USA. Such a person, American citizenship and anything which he may have said before as
ipso facto and without any voluntary act on his part, is concurrently a dual citizen. On the other hand, private respondent’s oath of
considered a citizen of both states. Considering the citizenship allegiance to the Philippine, when considered with the fact that he
clause under Article IV of the Constitution, it is possible for the has spent his youth and adulthood, received his education, practiced
following classes of citizens of the Philippines to posses dual his profession as an artist, and taken part in past elections in this
citizenship: country, leaves no doubt of his election of Philippine citizenship.

(1) Those born of Filipino fathers and/or mothers in foreign countries


which follow the principle of jus soli;

(2) Those born in the Philippines of Filipino mothers and alien fathers
if by the laws of their fathers’ country such children are citizens of
that country;

(3) Those who marry aliens if by the laws of the latter’s country the
former are considered citizens, unless by their act or omission they
are deemed to have renounced Philippine citizenship.

Dual allegiance, on the other hand, refers to the situation in which a


person simultaneously owes, by some positive act, loyalty to two or
more states. While dual citizenship is involuntary, dual allegiance is