POE-LLAMANZARES VS.

COMELEC
March 8, 2016 | Perez, J.
Citizenship

DOCTRINE: Foundlings are given natural-born status in the Philippines. The absence of express provision in Article 4
does not mean they are meant to be excluded, especially when it is not the intention of the Framers. The Constitution
is anchored on social justice, and is not discriminatory of foundlings.

CASE SUMMARY: Mary Grace Natividad Sonora Poe is a foundling who was abandoned in the Parish Church of Jaro,
Iloilo, on September 3, 1968. She was eventually adopted by celebrity couple Fernando Poe, Jr., and Susan Roces. She
became a naturalized American citizen in October 2001 and returned permanently to PH on May 24, 2005. She filed
her CoC for the Presidency in 2015 and petitioners argued that she is unqualified to run because 1.) she is not a
natural-born Filipino, and 2.) she failed to meet the 10-year residency requirement for presidential candidates.

The Court ruled that 1.) Grace is a natural-born Filipino because foundlings adopt the citizenship of the country where
they are found, and 2.) she has met the residency requirement because she established her domicile in the Philippines
through her overt acts starting on May 24, 2005, or the day when she returned to the country for good.

FACTS:
September 3, 1968 Mary Grace Natividad (M.G.N.) was found in the Parish Church of Jaro, Iloilo, by Edgardo
Militar. His brother Emiliano and the wife took care of Grace
September 6 Registered as a foundling in OCR-Iloilo where she obtained Foundling and Birth Certificates
under the name M.G.N. Contreras Militar
May 13, 1974 MTC San Juan City granted the petition of Ronald Allan Kelley Poe and Jesusa Sonora Poe to
adopt Grace. Her name was changed to M.G.N. Sonora Poe
October 15, 2015 Grace filed her CoC for the Presidency for the May 2016 elections
Declared that she is a natural-born Filipino
Petitions were filed before the COMELEC claiming Grace is disqualified from running for president
On citizenship only:
1. Elamparo petition: International law does not confer natural-born status and Filipino
citizenship on foundlings; natural-born citizenship must be continuous from birth so Grace
has lost her status when she became a naturalized American citizen
2. Tatad petition:
o Since PH follows jus sanguinis principle, foundlings cannot be considered natural-
born since blood relationship is determinative of status and their parents are
unknown
o Foundlings are not expressly included in the category of citizens in the 1935
Constitution; therefore, the intention is to exclude them
o International conventions and treatises [on foundlings, in this case] are not self-
executory. An act of Congress is necessary to give effect to them but there is none
3. Valdez petition: Graces repatriation under R.A. 9225 did not revert back her status to that
of a natural-born citizen. She simply reacquired Filipino citizenship
Graces camp argued that customary international law dictates that foundlings are entitled to a nationality
and are presumed to be citizens of the country where they are found. On repatriation, Grace has the right
to reacquire her natural-born status pursuant to R.A. 9225.
COMELEC consistently ruled in favor of the petitioners and ordered the cancellation of agraces CoC. All her
Motions for Reconsideration were dismissed

ISSUES:
1. WON Grace is a natural-born Filipino given her foundling status

HELD: The Court ruled YES.

On citizenship only:
 The statistical probability that Grace is a natural-born Filipino citizen is 99%
o Official statistics were shown (i.e. number of foreigners born in PH as opposed to Filipinos
born in PH from 1965 to 1975)
Despite absence of express provision in the 1935 Constitution regarding foundlings, it was the
intention of the Framers to accord them natural-born status. Absence is just because of the view that
foundlings are already recognized so there is no more need to expressly declare so.
Domestic laws on adoption support the principle that foundlings are Filipinos
o These laws do not provide that adoption confers citizenship upon the adoptee; rather, the
adoptee must be a Filipino in the first place to be adopted
It is a generally accepted principle of international law to presume foundlings as having been born
of nationals of the country where they are found
On repatriation:
Repatriation under R.A. 9225 results in the recover of the original nationality

A SUMMARY OF THE DISSENTING OPINIONS RE: CITIZENSHIP:

No PH law automatically conferring Philippine citizenship to a foundling at birth. Even if there was,, the status
given will only be that of a naturalized Filipino citizen
The letter and intent of the 1935 Constitution excluded foundlings from being considered natural-born
citizens. PH adopts the jus sanguinis principle, and Grace failed in proving that her father or mother is a
Filipino
Nothing under international law automatically grants PH citizenship to a foundling. At best there is only a
presumption of domicile, not born, in the country where he or she is found
Even assuming there is, customary international laws are in the level of municipal statutory laws, meaning
they cannot prevail over the Constitution. As mentioned, PH Constitution follows the jus sanguinis principle
Foundlings perform an act, that is, prove their status as foundlings; therefore, they are considered
naturalized citizens and not natural-born