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CONFLICT POE-LLAMANZARES v. COMELEC GR221697

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CONFLICT POE-LLAMANZARES v. COMELEC GR221697

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Dong Yen
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RAMOS, HARLENE P.

Subject: CONFLICT OF LAWS – UPHSL


Professor: ATTY. DARWIN R. BAWAR

CASE 15

MARY GRACE NATIVIDAD S. POE-LLAMANZARES, Petitioners,


vs.
COMELEC AND ESTRELLA C. ELAMPARO Respondents.
March 8, 2016 / G.R. No. 221697

x-----------------------x
MARY GRACE NATIVIDAD S. POE-LLAMANZARES, Petitioners,
vs.
COMELEC, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS AND AMADO D.
VALDEZ Respondents.
G.R. No. 221698-700
Ponente: Justice Perez

FALLO:

WHEREFORE, the petition is GRANTED. The Resolutions, to wit:

1. dated 1 December 2015 rendered through the COMELEC Second Division, in


SPA No. 15-001 (DC), entitled Estrella C. Elamparo, petitioner, vs. Mary Grace
Natividad Sonora Poe-Llamanzares, respondent, stating that:

[T]he Certificate of Candidacy for President of the Republic of the Philippines in the
May 9, 2016 National and Local Elections filed by respondent Mary Grace Natividad
Sonora Poe-Llamanzares is hereby GRANTED.

2. dated 11 December 2015, rendered through the COMELEC First Division, in the
consolidated cases SPA No. 15-002 (DC) entitled Francisco S. Tatad, petitioner, vs.
Mary Grace Natividad Sonora Poe-Llamanzares, respondent; SPA No. 15-007 (DC)
entitled Antonio P. Contreras, petitioner, vs. Mary Grace Natividad Sonora Poe-
Llamanzares, respondent; and SPA No. 15-139 (DC) entitled Amado D. Valdez,
petitioner, v. Mary Grace Natividad Sonora Poe-Llamanzares, respondent; stating
that:

WHEREFORE, premises considered, the Commission RESOLVED, as it hereby


RESOLVES, to GRANT the petitions and cancel the Certificate of Candidacy of
MARY GRACE NATIVIDAD SONORA POE-LLAMANZARES for the elective position
of President of the Republic of the Philippines in connection with the 9 May 2016
Synchronized Local and National Elections.

3. dated 23 December 2015 of the COMELEC En Banc, upholding the 1 December


2015 Resolution of the Second Division stating that:

WHEREFORE, premises considered, the Commission RESOLVED, as it hereby


RESOLVES, to DENY the Verified Motion for Reconsideration of SENATOR MARY
GRACE NATIVIDAD SONORA POE-LLAMANZARES. The Resolution dated 11
December 2015 of the Commission First Division is AFFIRMED.

1
RAMOS, HARLENE P.
Subject: CONFLICT OF LAWS – UPHSL
Professor: ATTY. DARWIN R. BAWAR
4. dated 23 December 2015 of the COMELEC En Banc, upholding the 11 December
2015 Resolution of the First Division.

are hereby ANNULED and SET ASIDE. 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.

SO ORDERED.

FACTS OF THE CASE:


Grace Poe was born in 1968, found as newborn infant in Jaro, Iloilo and was
legally adopted by FPJ and 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 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.

ISSUE:
Whether the COMELEC had jurisdiction to rule on the petitions to cancel or
deny due course to a COC.

HELD:
Yes. The court agreed that COMELEC has jurisdiction over petitions to cancel
or deny course to a COC under Section 78 of the Omnibus Election Code (OEC).
The court reconciled conflicting interpretations of Section 78 by distinguishing
between eligibility-related representations and non-eligibility-related representations.
The COMELEC’s duty is to determine the truth or falsity of the material
representations in the COC.

2
RAMOS, HARLENE P.
Subject: CONFLICT OF LAWS – UPHSL
Professor: ATTY. DARWIN R. BAWAR

AGREE/DISAGREE:
I agree with the SC decision since Grace Poe is deemed eligible to run for the
presidency in the Philippines as the court rules that she satisfies the constitutional
requirements of being a natural-born Filipino citizen and a resident of the Philippines
for at least ten years immediately preceding the election. As a matter of law,
foundlings are as a class, natural-born citizens. 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.

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