Poe-Llamanzares v. COMELEC - facts

PONENCIA:  

Perez  

  

Nature:  

Consolidated petitions under Rule 64 in relation to Rule 65 of the Rules of Court with extremely urgent application for an ex parte TRO/status quo ante order or a writ of preliminary injunction 

  

Assailed Resolutions/Decision: 

• 1 December 2015 Resolution of the Commission on Elections (COMELEC) 2nd Division 
• 23 December 2015 Resolution of the COMELEC En Banc, in SPA No. 15-001 (DC); 
• 11 December 2015 Resolution of the COMELEC 1st Division 
• 23 December 2015 Resolution of the COMELEC En Banc, in SPA No. 15-002 (DC), 15-007 (DC) and SPA No. 15-139 (DC) 

  

Grounds: 

General:  

• Issued w/o jurisdiction 
• w/ Grave abuse of discretion amounting to lack or excess of jurisdiction 

  

Facts 

• Discovery story: 
  • 3 September 1968: Mary Grace Natividad S. Poe-Llamanzares was found: 
    • In what condition: Abandoned, Newborn infant 
    • Where: Jaro, Iloilo parish church 
    • Who found: Edgardo Militar  
  • Edgardo passed the care of Grace Poe to relatives: Emiliano Militar and his wife 
  • 6 September 1968: Emiliano reported and registered Poe as a foundling with the Office of the Civil Registrar of Iloilo (proof: Foundling Certificate + Certificate of Live Birth) 
  • She was named Mary Grace Natividad Contreras Militar 
• Adoption: 
  • When she was 5 years old, Ronald Allan Kelley Poe and Jesusa Sonora Poe filed with the MTC San Juan a Petition for Adoption 
  • 13 May 1974: MTC granted petition for adoption 
    • Ordered name to be changed as "Mary Grace Natividad Sonora Poe" 
    • Adoption decree annotated on her foundling certificate 
    • No new certificate of live birth - only found out about it in second half of 2005 
      • So Susan Roces executed an affidavit attesting to lawyer's omission 
      • 4 May 2006: OCR-Iloilo issued a new Certificate of Live Birth in the name of "Mary Grace Natividad Sonora Poe" 
• Badges of Citizenship: 
  • 1986: registered voter with COMELEC San Juan, precinct 196 (proof: Voter's ID issued 13 December 1986) 
  • 4 April 1988: Petition applied and was issued a Philippine Passport (No. F927287); renewed 2x: 1993 and 1998 
  • Initially enrolled in UP - Dev Stud (but did not continue; finished studies at Boston College in 1991) 
• Marriage:  
  • to Teodoro Llamanzares, dual citizen of US and RP 
  • Where: Sanctuario de San Jose Parish, San Juan City 
  • When: 27 July 1991 
  • Children:  
    • Brian Daniel - US born - 1992 
    • Hanna Mackenzie - RP Born 1998 
    • Anika - RP Born 2004 
    
    
• US Citizenship 
  • RESIDENCE 
    • US: When studying: 1988 - 1991 (what about period after grad?) 
    • US: After marriage (29 July 1991 to 2004?) 
    • US: 8 July 2004 (after elections) to 13 December 2004 (when returned to RP for dad) 
    • 3 Feb 2005 until sometime first quarter of 2005: decided to stay in RP after death of dad so began resettlement 
  • US naturalization: 18 October 2001 
  • US Passport: 19 December 2001 
  • Abandonment of US residence/domicile: 
    • 1Q 2005 - decided to stay in RP after death of dad 
    • Notified schools of children that they will be transferring to RP schools the next semester 
    • Coordinated with property movers for the relocation of household goods, furniture, cars from US to RP 
    • Inquiry with RP authorities as to the proper procedure to be followed in bringing pet dog from US to RP 
    • 2004: quit job in US 
    • 24 May 2005: came home to the Philippines 
      
• FPJ Candidancy 
• 8 April 2004: Poe with Hanna returned to Rp for May 2004 Elections  
• 8 July 2004: returned to US 
• 13 December 2004: returned to RP for dad 
• 3 Feb 2005: returned to us after taking care of dad's funeral 
• Return  
  • 24 May 2005 
    • Secured TIN with the BIR 
    • Stayed at One Wilson Place Condominium, San Juan (with Condominium Certificate of Titles issued on 20 Feb 2006) 
    • Children attended private schools here 
  • US trip: 14 Feb 2006 until 11 March 2006: to supervise disposal of some of family's remaining household belongings 
  • March 2006: Poe's husband officially informed uS of change of family's home and abandonment of US address 
    • Family home in US sold on 27 April 2006 
  • 1 June 2006: finally acquired title over property at Corinthian Hills, QC where they have been residing 
  • 7 July 2006: Poe took oath of allegiance to RP pursuant to RA 9225 (Citizenship Retention and Re-acquisition Act of 2003) 
    cf. Section 5, R.A. No. 9225 states: 
    SEC. 5. Civil and Political Rights and Liabilities. - Those who retain or re-acquire Philippine 
    citizenship under this Act shall enjoy full civil and political rights and be subject to all attendant 
    liabilities and responsibilities under existing laws of the Philippines and the following conditions: 
    xx xx 
    3. Those appointed to any public office shall subscribe and swear to an oath of allegiance 
    to the Republic of the Philippines and its duly constituted authorities prior to their 
    assumption of office: Provided, That they renounce their oath of allegiance to the country 
    where they took that oath; 
    
    
    • Poe filed petition to REACQUIRE PHILIPPINE CITIZENSHIP 
    • Poe also filed petition for DERIVATIVE citizenship for 3 children 
  • 18 July 2006: BI acted favorably - POE DECLARED TO HAVE REACQUIRED HER PHILIPPINE CITIZENSHIP 
    • POE issued Identification Certificates 
  • 31 August 2006: Poe registered as voter of Brgy. Santa Lucia, San Juan 
  • Acquired Philippine Passport (renewed 18 March 2014) 
    • Note: she obtained diplomatic passport on December 2013 - so what was renewed? 2 passports nya? 
  • Subfacts (not in the main opinion): 
    • She flew in to US using US passport several times after her oath under RA 9225 
    • She bought a house in US sometime in 2008 
  • 6 October 2010: Poe was appointed chair of MTRCB 
  • 20 October 2010: Poe executed "Affidavit of Renunciation of Allegiance to the United States of America and Renunciation of American Citizenship" 
  • 21 October 2010: Poe submitted affidavit to the BI, took an oath as MTRCB Chair; STOPPED USING US PASSPORT ONLY AFTER THIS 
  • 12 July 2011: Poe executed before Vice Consul of US Embassy in Manila "Oath/Affirmation of Renunciation of Nationality of the United States."  
    • expressly stated that she had relinquished her US Citizenship 
    • Expressly stated that she has resided outside US from: 
      • 3 September 1968 to 29 July 1991 
      • May 2005 to present 
  • 9 December 2011: Certificate of Loss of Nationality of the US - issued by US Vice Consul 
  • 2 October 2012: Poe filed COC for Senator for 2013 Elections 
    • "Period of residence in the Philippines before May `13, 2013": 6 years and 6 months 
  • 13 December 2013: POE obtained Philippine Diplomatic Passport 
  • SET Case 
    • Rizalino David filed a petition for quo warranto before the SET on 6 August 2015 to disqualify Poe, contesting her status as a natural born citizen;  
    • SET (5-4 decision): Poe is a natural born citizen FROM THE DAY SHE RENOUNCED HER US CITIZENSHIP ON 20 OCTOBER 2010 (WHEN she took oath as MTRCB Chair; she was still a dual-citizen before that) 
    • all the justices in SET (Carpio, Brion, De Castro) voted against the ruling 
    
    
  • 15 October 2015: Poe filed COC for President 
    • COC 
      • Natural-born citizen 
      • Residence in the Philippines up to the day before 9 Mary 2016: 10 years and 11 months counted from 24 May 2005 
      • Attached  
      "Affidavit Affirming Renunciation of U.S.A. Citizenship" subscribed and sworn to before a notary public in Quezon City on 14 October 2015.