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SUPREME COURT
MANILA
EN BANC
COMMISSION
ON
ELECTIONS, FRANCISCO
S. TATAD, ANTONIO P.
CONTRERAS and AMADO
D. VALDEZ,
Respondents.
221roqt
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PROLOGUE
"No person may be elected President unless he is a
natural-born citizen of the Philippines, a registered
voter, able to read and write, at least forty years of
age on the day of the election, and a resident of the
Philippines for at least ten years immediately
preceding such election."
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Page 2 of39
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1
2
Pindangan ,\grictiltural
77 Phil. 85<1
3
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C11.
i/[R!/ ."1J
<111
Page 3 of 39
'-
In making
the decision of whether there was an abuse
'of discretion or excess of jurisdiction on the part of the
COMELEC, Justice Marvic Leonen laid open his mind during the
oral arguments some moral and philosophical questions in
resolving PETITIONER 's citizenship and residency.
12.
Page 4 of 39
5
6
Page 5 of 39
The status of the PETITIONER as not being a naturalborn citizen is not willful and designed for injustice. It is not just a
personal accident of life but above all the result of a historical
development resulting in a constitutional government that al locates
the privileges of citizenship. It begun with the natural theory of
Thomas Aquinas who believed that the government of one man is
more useful than a government of many, to John Locke who
believed in the reverse, and to Thomas Jefferson, who expanded
the concept of social contract with the allocation of government
power under a Constitution.
18.
55 SUV\ L 6. 1974
l.i Seng Ciiap ' Director of I.and,. a:, cncd ll\ ' , , \ h1<lttY , I wmlcrn1 . x; i'liil 2..)3
Phil. 257
9
Rcpubltc 1 s. Cokeng. 23 SCk>\ 5'll. ' 7 8 (I '!631 mid "I \(J(\ hliX 1I 1171.1 1
10
Vol. I. Civil L<m pf the l'h11ippinc,. 2(Jl) \:<>I I
1I<)..jl)1
Page 6 of 39
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COMELEC's decision
denying or cancelling
PETITlONER's Certificate of Candidacy is anchored on solid
grounds. It is false for her to state that she is a natural-born citizen
in the light of the Constitution and R.A. 9225 which did not restore
to her a natural-born status as Fi Iipin.o citizen, even assuming that
she could prove the san1e now and in the future. Clearly, the
earliest date that she could be considered domiciled in the
Philippines, when the important element of animus non revertendi
exists is July 2006 by virtue of the llonorable Court's decisions,
13
singly or as collectively, in the cases of COOUILLA 12 JAPZON .
CABALLER0 1.1 and JALOSJOS 15 .
25.
11
..
1
'
13
11
5
'
RLSOI UTION.
(I H.
Page 8 of 39
16
11
18
(ii{
Page 9 of39
1) Stripped
Page 10 of39
renouncing
her
American
citizenship, PETITIONER reacquired her
Philippine citizenship , under R.A. 9225, by
taking the prescribed Oath of Allegiance to the
19
Herein Par.4, "I hereby declare. on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any
foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will
support and defend the Constitution and laws of the llnited States of America against all enemies, foreign and domestic: that
I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States where required by the law:
that I will perform noncombatant service in the Armed Forces of the llnited States when required by law: that I will perform work
of national importance under civilian direction when required Iv, lav.. and that I take this obligation freely, without any mental
reservation or purpose of evasion: so help me G()d ... (Emphasis by the undersigned.)
Page 11 of39
20
8)
9)
Page 12 of39
I 0)
11)
21
12)
13)
Page 14 of39
14)
15)
16)
Page 15 of39
III
Page 16of39
22
23
Page 17 of 39
21
25
Page 18 of 39
Page 19 of39
that on its face RA 9225 does not recognize dual allegiance and
that the danger of dual allegiance still exists.
Same; same:
Following the past treatment of
citizenship laws by this Honorable Court in Ly Hong vs. Republic31
and Republic vs. Hong32 , when confronted with the question
applying R.A. 9225, any doubt shall be resolved against the grant
of natural-born status against PETITIONER and those similarly
situated. 33
48.
p. 17 Comment
" GR No. 160869. 11 May 2007
' Cordora vs. Commission on Elections. G.R. No. 176947. 19 Fd1-ruary 2009
"G.R. L-14630 [1966]
"485 SCRA 405 [2006]
,, p. 17-20 Comment
Page 20 of 39
decision are for those who lost their citizenship due to: desertion of
34
the armed forces , service in the armed forces of the allied forces
in World War II 35 , marriage of a Filipino woman to an alien, and
due to political and economic necessity 36 . At the time of
BENGSON III, R.A. 9225 was still inexistent.
52.
31
35
36
C.A. No. 63
R.A. NO. 965
R.A. No. 8171
Page 21 of 39
citizenship and the mode prescribed by the applicable law for the
. . . thereoJ.
.r,,37
reacquisition
B
ON THE ISSUE OF DOMICILE
31
p. 20-23 COMMENT
38
p. 26-27. COMMENT
"p. 38 Comment
Page 22 of 39
PETITIONER
committed
a
material
misrepresentation in her COC when she declared that she has
been a resident of the Philippines for at least ten (10) years and
eleven (11) months prior to 09 May 2016. In determining the
date to commence the reckoning of the ten-year period,
PETITIONER clearly avoided to consider 18 July 2006 when she
reacquired her Filipino citizenship, dismissed November 2006, the
date mentioned to start her residence in the Philippines in her COC
to run for the Senate in 2010, and June 2010 when she renounced
her US citizenship. Any of these dates would make her entry in her
Certificate of Candidacy for the Presidency that she complied with
the residency requirement for the 9 May 2016 election a false
. 1representation.
. 44
matena
57.
" p. 39 Comment
15
2012COC
Page 23 of 39
Several
acts
of PETITIONER
established
overwhelming proof of material misrepresentation of her
residency or domicile in her certificate of candidacy (or President
65.
Page 24 of 39
19
50
Page 25 of 39
" Miranda vs. Abaya, G.R. No. 136351, July 28. 1999
G.R. No. 189078. 30 March 2010
53
Page 26 of 39
Same;
same;
same:
Only
substantial,
not
preponderance, of evidence is necessary. Section 5, Rule 133 of
the Rules of Court provides that in cases filed before
administrative or quasi-judicial bodies, a fact may be deemed
established if it is supported by substantial evidence, or that
amount of relevant evidence which a reasonable mind might accept
as adequate to justify a conclusion. s7
77.
57
Page 27 of 39
Page 28 of39
citizen. No amount of her stay in the said locality can substitute the
fact that she has not abandoned her domicile of choice in the
USA."
IV
FINAL ARGUMENTS ON R.A. 9225
While the language of the statute is clear and
unequivocal, it may be well to revisit the debate on R.A. 9225
during the process of legislation. There is that sense about the
legislators' effort to avoid the use of language that could have
brought the law to constitutional challenge. We eavesdrop on the
following exchanges during the deliberation in the House of
Representatives, viz:
84.
59
p. 59 to 64 Comment
Page 29 of39
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60
61
Page 30 of 39
62
63
Id.
G.R.No.199113, 18March2015
Page 31 of39
" p.4 Bicameral Conference Committee Meeting on House 13ill No 4 720 and Senate Bill No. 2310. 18 August 2003.
Page 32 of 39
65
p.26 Bicameral Conference Committee Meeting on House Bill No. 4720 and Senate Bill No. 2310. 18 August 2003.
Page 33 of39
of
allegiance
and
'' p.69-71 Bicameral Conference Committee Meeting on House Bill No. 4720 and Senate Bill No. 23 I 0. 18 August 2003.
"p.27 Bicameral Conference Committee Meeting on House Bill No. 4720 and Senate Bill No. 2310. 18 August 2003.
Page 34 of39
pp. 12-13 Consideration of Conference Committee Report on Senate Hill No. 2310 and House Hill No. 4720. 26 August 2003
Page 35 of39
CONCLUSION
In view of the foregoing, the inevitable conclusion is that
PUBLIC RESPONDENT COMELEC did not commit grave abuse
of discretion amounting to lack or excess of jurisdiction in issuing
its Resolution ordering the cancellation of Petitioner's Certificate
of Candidacy because she has committed a material representation
in her COC for President when she stated that she is a natural born
citizen and has met the residency requirement which are false.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed that the certificate of candidacy of PETITIONER MARY
GRACE SONORA POE LLAMANZARES be CANCELLED
and her Petition be DENIED DUE COURSE.
Other reliefs, just and equitable are likewise prayed for.
10
P. 29 Consideration of Conference Committee Report on Senate Rill No. 2310 and House Bill No. 4720. 26 August 2003
Page 36 of39
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~ifc)fKrA~
Private Respondent
Assisted by:
VALDEZ LAW
Counsel for the
Respondent Amado D. Valdez
6A Vernida 1, 120 Amorsolo St.,
Legaspi Village, Makati City,
Philippines, 1229
Tel. No. (632) 801-1296
Fax No. (632) 752-1869
By:
D~~YAGONCILLO
MARKA~N~-/
J~1~ ~ ~
LOR~~~ELO G. DIONISIO
Roll of Attorney's No. 59482
PTR No. 5324510101.04.16/Makati City
IBP No. 013145/Lifetime PPLM
MCLE No. IV-0012907 /03 .03 .13
Email: lgd@valdezlawoffices.com
Copy furnished:
oo cP I ZI
Page 38 of39
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Page 39 of 39
VERIFICATION/CERTIFICATION
3.
I have read the foregoing Verified ~ommem- and the allegations
contained therein are true and correct based on my own personal knowledge andJor
based on authentic records.
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Amado D. Valdez
A(fiant
Doc. No.
Page No.
Book No.
Series of 2016.
i~R.BA.TALLA
NOTARYf'~UC FORMAKATI CITY
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l{ESPONDENT AMADO I>. \'AUH:Z i11 the case entitled "MARY (;J{A('E
NATIVIDAD S. POE-LLAMANZARE~ n. COMELE< ,ET \L.". dod:.c.:tcd <1'; ~r I~.
No. 221698-700. Suprcrrn.:' Court. Cit~. oli\1:tnil:1. pursuant to Sections 7 and 11. Rule l
as follo\\s:
By Registered Mail:
ATTY. ALEXANDER .I. POBLADOR, DINO
VIVENCIO A.A. TAMA YO, .Jl STJ!'i
CHRISTOPHER ( . 1\'IENDOZA and
SANDRA MAE T. MA<~ALAN<;
POBLADOI{ BAUTISTA & RFYFS
:"th Floor. SJ:DCCO I Building
120 Rada cnrner Legusp1 Strcel::.
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COMl:LEC'
Shipping Center Building
707 A. Soriano A venue
lnLramuros. !\fanila
Makati
Cit~
INFORMATION OFFICE
Supreme Court
if undeli\ered.
MEI
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