Before a candidate can be disqualified, the Commission on Elections (COMELEC) must have an established reason grounded in law, especially when it involves questions of citizenship and residency. This ruling underscores the primacy of constitutional rights and limits the COMELEC’s discretionary powers, preventing potential disenfranchisement of the electorate and upholding the integrity of electoral processes.

Mary Grace Poe Llamanzares: A Foundling’s Fight for Presidential Eligibility

This case revolves around Senator Mary Grace Poe Llamanzares, a foundling, and the COMELEC’s decision to disqualify her from running for President in the 2016 elections. The central legal question was whether Poe, as a foundling, met the constitutional requirements of natural-born citizenship and ten years of residency, qualifications essential for holding the highest office in the Philippines.

The Supreme Court, in a landmark decision, ruled in favor of Senator Poe, effectively affirming that foundlings are entitled to the presumption of natural-born citizenship unless proven otherwise. The Court also held that the COMELEC committed grave abuse of discretion in disqualifying Poe based on a narrow interpretation of residency requirements, which disregarded her long-term ties and intent to remain in the Philippines.

The Court’s decision rested on several key pillars. First, the Constitution does not explicitly exclude foundlings from citizenship; existing laws favor an inclusive interpretation. Second, customary international law principles mandate states to provide nationality to prevent statelessness, supporting the presumption of citizenship for foundlings. Third, the court held that Poe presented substantial evidence to prove her residency, demonstrating a clear intention to make the Philippines her permanent home.

The Solicitor General offered compelling statistical data from the Philippine Statistics Authority, indicating that from 1965 to 1975, a staggering 99.83% of children born in the Philippines were natural-born Filipinos. This was compelling evidence to demonstrate that one should presume that petitioner’s parents were Filipinos. To deny full Filipino citizenship to all foundlings based merely on a theoretical chance that they might be children of foreigners, is, according to the Solicitor General, downright discriminatory, irrational, and unjust. Given this statistical certainty, a decision denying foundlings such status is effectively a denial of their birthright.

As a matter of law, the High Court found, foundlings are, as a class, natural-born citizens. While the 1935 Constitution’s enumeration is silent as to foundlings, there is no restrictive language that would definitely exclude foundlings either. Because of silence and ambiguity in the enumeration with respect to foundlings, there is a need to examine the intent of the framers. The deliberations of the 1934 Constitutional Convention show that the framers intended foundlings to be covered by the enumeration. It found no language in any Constitution permitting discrimination against foundlings.

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. These domestic laws on adoption, along with all of the international law conventions and instruments on the matter of nationality of foundlings, were designed to address the plight of a defenseless class which suffers from a misfortune not of their own making. Therefore, the Supreme Court concluded, “We cannot be restrictive as to their application if we are a country which calls itself civilized and a member of the community of nations.”

In disposing of the issue of whether the petitioner committed false material representation when she stated in her COC that she has before and until May 9, 2016 been a resident of the Philippines for ten (10) years and eleven (11) months, the Court determined that it was true. As the constitution only requires presidential candidates to have ten (10) years’ residence in the Philippines before the day of the elections. Since the elections were held on May 9, 2016, petitioner must have been a resident of the Philippines prior to May 9, 2016 for ten (10) years. And in answer to the requested information of “Period of Residence in the Philippines up to the day before May 09, 2016,” she put in “10 years 11 months” which according to her pleadings in these cases corresponds to a beginning date of 25 May 2005 when she returned for good from the U.S.

To be sure, when petitioner immigrated to the U.S. in 1991, she lost her original domicile, which is the Philippines. There are three requisites to acquire a new domicile: (1) Residence or bodily presence in a new locality; (2) an intention to remain there; and (3) an intention to abandon the old domicile. To successfully effect a change of domicile, one must demonstrate an actual removal or an actual change of domicile; a bona fide intention of abandoning the former place of residence and establishing a new one; and definite acts which correspond with the purpose. In other words, there must basically be animus manendi coupled with animus non revertendi. The purpose to remain in or at the domicile of choice must be for an indefinite period of time; the change of residence must be voluntary; and the residence at the place chosen for the new domicile must be actual.

The 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 the petitioner’s former U.S. passport showing her arrival on 24 May 2005 and her return to the Philippines every time she traveled 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; 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).

Having said that, the Supreme Court held that by the power vested to them by the Constitution the Court grants the petition and declared that the COMELEC gravely abused their discretion, and annuls and sets aside the previous COMELEC resolutions and declares that petitioner MARY GRACE NATIVIDAD SONORA POE-LLAMANZARES is DECLARED QUALIFIED to be a candidate for President in the National and Local Elections of 9 May 2016

FAQs

What was the key issue in this case?	The key issue was whether the COMELEC committed grave abuse of discretion in disqualifying Mary Grace Poe-Llamanzares from running for President based on questions about her citizenship and residency.
What is a foundling and how does it relate to citizenship?	A foundling is a deserted or abandoned infant whose parents are unknown, and their citizenship becomes a complex legal question, often relying on the laws of the country where they were found.
What is the significance of jus sanguinis in this case?	Jus sanguinis, the “law of blood,” determines citizenship based on parentage. The challenge was whether Poe, as a foundling with unknown parents, could claim citizenship under this principle.
What is the legal test for residency in Philippine election law?	Philippine election law equates “residence” with “domicile,” requiring not only physical presence but also the intent to remain permanently (animus manendi) and abandon one’s previous domicile (animus non revertendi).
Why did the COMELEC disqualify Poe?	The COMELEC concluded that Poe made false material representations in her COC, particularly regarding her natural-born citizenship and her length of residency in the Philippines.
How did the Supreme Court rule on the citizenship issue?	The Supreme Court affirmed that there was no basis to not grant the presumption of natural-born citizen ship to Poe. The Court did not discount that there was sufficient evidence that she is the child of Filipino parents and is therefore entitled to be treated as such.
What evidence did Poe present to prove her intent to reside in the Philippines?	Poe presented evidence like her children’s school records, property ownership, tax identification, and the sale of properties in the United States to show her intent to establish permanent residence in the Philippines.
What was the Supreme Court’s final ruling?	The Supreme Court granted Poe’s petitions, annulling the COMELEC’s resolutions and declaring her qualified to run for President in the 2016 National Elections.

The Supreme Court’s decision in the Poe-Llamanzares case is a pivotal moment in Philippine legal history, especially as it concerns foundlings. By affirming the right to a nationality and the presumption of natural-born citizenship, the Court strengthened protections for a vulnerable sector and upheld principles of fairness and inclusivity in electoral processes. This decision safeguards the rights of foundlings while re-affirming the need to be vigilant when it comes to elections.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Mary Grace Natividad S. Poe-Llamanzares vs. Commission On Elections And Estrella C. Elamparo, G.R. Nos. 221698-700, March 08, 2016