Assignment: Mary Grace Natividad S. Poe-Llamanzares v. COMELEC, G. R. Nos. 221697 & 221698-700, March 8, 2016

Facts:
Mary Grace Natividad Sonora Poe-Llamanzares was found abandoned as an infant in a church in Jaro, Iloilo. She was later adopted by celebrity couple Fernando Poe, Jr. and Susan Roces. Upon reaching her 18th birthday, she registered as a voter. After initially studying in a local university, she continued her studies in the United States. After graduating from college, she got married and stayed in the United States to be with her husband. There, she became a mother to 3 children and acquired a US citizenship.

She returned to the Philippines to take care of his father - who eventually died. After much thought and discussion with her husband, they decided to go back to the Philippines to be close to her mother. She regained her Filipino citizenship by 2006. She served in government as Chairperson of the MTRCB. By 2011, she renounced her US citizenship. She ran and won as Senator in the 2013 elections, wherein her period of residence was 6 years and 6 months.

She decided to run for the presidency for the 2016 elections and filed her candidacy at the COMELEC. Her residence in the Philippines would 10 years and 11 months a day before the 09 May 2016 election day. A petitioner filed a petition to deny her candidacy on the following grounds:
(i) Grace Poe is not a natural born Filipino citizen being a foundling.
(ii) Grace Poe fall short of the 10-year residency requirement.

Grace Poe filed her response to the petitioner's complaints:
(i) COMELEC is not the appropriate court to determine her citizenship but the Department of Justice.
(ii) The petitioner failed to show proof(s) that Grace Poe is not natural born Filipino citizen.
(iii) She did not make any misrepresentations to her certificate of candidancy (COC) with regards to her being a Filipino citizen and residency requirements.

On 01 December 2015, COMELEC Second Division issued its resolution stating that the COC of Grace Poe was cancelled. On 23 December 2015, Grace Poe filed for a motion for reconsideration but was denied.

She brought her case to the Supreme Court.

Issues:

1. Is COMELEC the appropriate body to determine her qualifications which include her citizenship?
2. Is Grace Poe a natural born Filipino?

Held:

COMELEC is not the appropriat body to determin her qualifications (including her citizenship) but the Presidential Electoral Board (PET) as mandated by Batas Pambansa Bilang 884.

Grace Poe is a natural born Filipino citizen. There is no provision against foundlings in the 1935, 1973 and 1987 Constitutions.

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