MARY GRACE NATIVIDAD S. POE-LLAMANZARES vs.

COMMISSION ON ELECTION
G.R. No. 221697& 221698-700 MARCH 8, 2016

FACTS OF THE CASE

Cases filed against Petitioner were consolidated as it seeks to disqualify the latter in her
candidacy for the position of President of the Philippines. The one of the main issues raised pertains to
petitioners citizenship. It was alleged that the petitioner cannot be considered as a Filipino citizen since
she was a mere foundling. It was also contested that she did not meet the 10-year residency requirement
for the position of President of the Philippines.

ISSUE
WON Grace Poe-Llamanzares is a natural-born Filipino citizen

RULING
Yes, Grace Poe might be and is considerably a natural-born Filipino. For that, she satisfies one
of the constitutional requirements that only natural-born Filipinos may run for presidency.

First, there is a high probability that Grace Poes parents are Filipinos. Her physical features are
typical of Filipinos. The fact that she was abandoned as an infant in a municipality where the population of
the Philippines is overwhelmingly Filipinos such that there would be more than 99% chance that a child
born in such province is a Filipino is also a circumstantial evidence of her parents nationality. That
probability and the evidence on which it is based are admissible under Rule 128, Section 4 of the Revised
Rules on Evidence. To assume otherwise is to accept the absurd, if not the virtually impossible, as the
norm.

Second, by votes of 7-5, the SC pronounced that foundlings are as a class, natural-born citizens.
This is based on the finding that the deliberations of the 1934 Constitutional Convention show that the
framers intended foundlings to be covered by the enumeration. While the 1935 Constitutions
enumeration is silent as to foundlings, there is no restrictive language which would definitely exclude
foundlings either. Because of silence and ambiguity in the enumeration with respect to foundlings, the SC
felt the need to examine the intent of the framers.

Third, that foundlings are automatically conferred with natural-born citizenship is supported by
treaties and the general principles of international law. Although the Philippines is not a signatory to some
of these treaties, it adheres to the customary rule to presume foundlings as having born of the country in
which the foundling is found..

DOCTRINE: If a person retains his domicile of origin for purposes of the residence requirement, the 1
year period is irrelevant because wherever he is, he is a resident of his domicile of origin. Second, if a
person reestablishes a previously abandoned domicile, the 1 year requirement must be satisfied. (Bernas
book)