AI Summary
AI Summary
A foundling found in the Philippines is presumed to be a natural-born Filipino citizen, unless substantial evidence proves otherwise. The Court held that when the identity of a foundling's parents cannot be established despite diligent efforts, but sufficient evidence exists to reasonably infer Filipino parentage, such foundling is considered a natural-born citizen under the Constitution, and is thus qualified to hold public office.
EN BANC
EN BANC
LEONEN, J.:
The words of our most fundamental law cannot be read so as to callously exclude all foundlings from public service.
When the names of the parents of a foundling cannot be discovered despite a diligent search, but sufficient evidence is presented to sustain a reasonable inference that satisfies the quantum of proof required to conclude that at least one or both of his or her parents is Filipino, then this should be sufficient to establish that he or she is a natural-born citizen. When these inferences are made by the Senate Electoral Tribunal in the exercise of its sole and exclusive prerogative to decide the qualifications of the members of the Senate, then there is no grave abuse of discretion remediable by either Rule sixty-five of the Rules of Court or Article eight, Section one of the Constitution.
This case certainly does not decide with finality the citizenship of every single foundling as natural-born. The circumstances of each case are unique, and substantial proof may exist to show that a foundling is not natural-born. The nature of the Senate Electoral Tribunal and its place in the scheme of political powers, as devised by the Constitution, are likewise different from the other ways to raise questions of citizenship.
Before this Court is a Petition for Certiorari filed by petitioner Rizalito Y. David. He prays for the nullification of the assailed November seventeen, twenty fifteen Decision and December three, twenty fifteen Resolution of public respondent Senate Electoral Tribunal in SET Case Number zero zero one dash fifteen. The assailed November seventeen, twenty fifteen Decision dismissed the Petition for Quo Warranto filed by David, which sought to unseat private respondent Mary Grace Poe-Llamanzares as a Senator for allegedly not being a natural-born citizen of the Philippines and, therefore, not being qualified to hold such office under Article six, Section three of the nineteen eighty-seven Constitution. The assailed December three, twenty fifteen Resolution denied David's Motion for Reconsideration.
Senator Mary Grace Poe-Llamanzares is a foundling whose biological parents are unknown. As an infant, she was abandoned at the Parish Church of Jaro, Iloilo. Edgardo Militar found her outside the church on September three, nineteen sixty-eight at about nine thirty a.m. He later turned her over to Mr. and Mrs. Emiliano Militar. Emiliano Militar reported to the Office of the Local Civil Registrar that the infant was found on September six, nineteen sixty-eight. She was given the name Mary Grace Natividad Contreras Militar. Local Civil Registrar issued a Certificate of Live Birth/Foundling Certificate stating:
Circumstances: THE SUBJECT CHILD WAS FOUND IN THE PARISH CHURCH OF JARO, ON SEPTEMBER THREE, Nineteen sixty-eight at about nine thirty a.m. by Edgardo Militar and the said child is presently in the custody of Mr. and Mrs. Emiliano Militar at Sta. Isabel Street, Jaro.
On May thirteen, nineteen seventy-four, the Municipal Court of San Juan, Rizal promulgated the Decision granting the Petition for Adoption of Senator Poe by Spouses Ronald Allan Poe (more popularly known as Fernando Poe, Jr.) and Jesusa Sonora Poe (more popularly known as Susan Roces). The Decision also ordered the change in Senator Poe's name from Mary Grace Natividad Contreras Militar to Mary Grace Natividad Sonora Poe. October twenty-seven, two thousand five, Clerk of Court three Eleanor A. Sorio certified that the Decision had become final in a Certificate of Finality.
On April eleven, nineteen eighty, the Office of Civil Registrar-Iloilo received the Decision of the San Juan Court Municipal Court and noted on Senator Poe's foundling certificate that she was adopted by Spouses Ronald Allan and Jesusa Poe. This hand-written notation appears on Senator Poe's foundling certificate:
NOTE: Adopted child by the Spouses Ronald Allan Poe and Jesusa Sonora Poe as per Court Order, Municipal Court, San Juan, Rizal, by Hon. Judge Alfredo M. Gorgonio dated May thirteen, nineteen seventy-four, under Special Proceedings Number one hundred thirty-eight.
Senator Poe became a registered voter in Greenhills, San Juan, Metro Manila when she turned eighteen years old. The Commission on Elections issued her a Voter's Identification Card for Precinct Number one hundred ninety-six, Greenhills, San Juan, Metro Manila on December thirteen, nineteen eighty-six.
On April four, nineteen eighty-eight, the Department of Foreign Affairs issued her a Philippine passport. Her passport was renewed on April five, nineteen ninety-three, May nineteen, nineteen ninety-eight, October thirteen, two thousand nine, December nineteen, two thousand thirteen, and March eighteen, two thousand fourteen. Having become Senator, she was also issued a Philippine diplomatic passport on December nineteen, two thousand thirteen.
Senator Poe took Development Studies at the University of the Philippines, Manila, but eventually went to the United States in nineteen eighty-eight to obtain her college degree. In nineteen ninety-one, she earned a bachelor's degree in Political Science from Boston College, Chestnut Hill, Massachusetts.
On July twenty-seven, nineteen ninety-one, Senator Poe married Teodoro Misael Daniel V. Llamanzares, both an American and Filipino national since birth. The marriage took place in
Sanctuario de San Jose Parish, San Juan, Manila. On July twenty-nine, nineteen ninety-one, Senator Poe returned to the United States with her husband. For some time, she lived with her husband and children in the United States.
Senator Poe and her husband had three children: Brian Daniel (Brian), Hanna Mackenzie (Hanna), and Jesusa Anika (Anika). Brian was born in the United States on April sixteen, nineteen ninety-two. Hanna was born on July ten, nineteen ninety-eight, and Anika on June five, two thousand four. Both Hanna and Anika were born in the Philippines.
Senator Poe was naturalized and granted American citizenship on October eighteen, two thousand one. She was subsequently given a United States passport.
Senator Poe's adoptive father, Fernando Poe, Jr., ran for President of the Republic of the Philippines in the two thousand four National Elections. To support her father's candidacy, Senator Poe and her daughter Hanna returned to the Philippines on April eight, two thousand four. After the Elections, she returned to the United States on July eight, two thousand four. It was during her stay in the Philippines that she gave birth to her youngest daughter, Anika.
Fernando Poe, Jr. was hospitalized on December eleven, two thousand four and eventually "slipped into a coma." Senator Poe returned to the Philippines on December thirteen, two thousand four. On December fourteen, two thousand four, her father died. She stayed in the country until February three, two thousand five to attend her father's funeral and to attend to the settling of his estate.
In two thousand four, Senator Poe resigned from work in the United States. She never looked for work again in the United States.
Senator Poe decided to return home in two thousand five. After consulting her children, they all agreed to return to the Philippines to support the grieving Susan Roces. In early two thousand five, they notified Brian and Hanna's schools Virginia, United States that they would be transferring to the Philippines the following semester. She came back on May twenty-four, two thousand five. Her children also arrived in the first half of two thousand five. However, her husband stayed in the United States to "finish pending projects, and to arrange for the sale of the family home there."
Following her return, Senator Poe was issued by the Bureau of Internal Revenue a Tax Identification Number on July twenty-two, two thousand five.
On July seven, two thousand six, Senator Poe took the Oath of Allegiance to Republic of the Philippines:
I, Mary Grace Poe Llamanzares, solemnly swear that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.
On July ten, two thousand six, Senator Poe filed a Petition for Retention and or Re-acquisition of Philippine Citizenship through Republic Act No. nine thousand two hundred twenty-five. She also "filed applications for derivative citizenship on behalf of her three children who were all below eighteen years of age at that time."
The Petition was granted by the Bureau of Immigration and Deportation on July eighteen, two thousand six through an Order signed by Associate Commissioner Roy M. Almoro for Commissioner Alipio F. Fernandez, Jr:
A careful review of the documents submitted in support of the instant petition indicate that David was a former citizen of the Republic of the Philippines being born to Filipino parents and is presumed to be a natural born Philippine citizen; thereafter, became an American citizen and is now a holder of an American passport; was issued an ACT and ICR and has taken her oath of allegiance to the Republic of the Philippines on July seven, two thousand six and so is thereby deemed to have re-acquired her Philippine Citizenship. (Emphasis in the original)
In the same Order, Senator Poe's children were "deemed Citizens of the Philippines in accordance with Section four of Republic Act No. nine thousand two hundred twenty-five." Until now, the Order "has not been set aside by the Department of Justice or any other agency of Government."
On July thirty-one, two thousand six, the Bureau of Immigration issued Identification Certificates in the name of Senator Poe and her children. It stated that Senator Poe is a "citizen of the Philippines pursuant to the Citizenship Retention and Re-acquisition Act of two thousand three in relation to Administrative Order No. ninety-one, Series of two thousand four and Memorandum Circular No. AFF-two-zero-zero-five per Office Order No. AFF-zero-six-nine-one-three three signed Associate Commissioner Roy M. Almoro dated July eighteen, two thousand six."
Senator Poe became a registered voter of Barangay Santa Lucia, San Juan City on August thirty-one, two thousand six.
Senator Poe made several trips to the United States of America between two thousand six and two thousand nine using her United States Passport Number one hundred seventy three seven nine three five. She used her passport "after having taken her Oath of Allegiance to the Republic on July seven, two thousand six, but not after she has formally renounced her American citizenship on October twenty, two thousand ten." The following are the flight records given by the Bureau of Immigration:
Arrivals
Flight Number
SQ zero seventy-six
July twenty-three, two thousand seven
May eight, two thousand eight
PR one hundred three
October five, two thousand eight
PR three hundred fifty-nine
May twenty-one, two thousand nine
PR one hundred five
August three, two thousand nine
PR seven hundred thirty-three
PR one hundred three
November fifteen, two thousand nine
On October six, two thousand ten, President Benigno Simeon Aquino three appointed Senator Poe as Chairperson of the Movie and Television Review and Classification Board. On October twenty, two thousand ten, Senator Poe executed an Affidavit of Renunciation of Allegiance to the United States of America and Renunciation of American Citizenship, stating:
I, MARY GRACE POE-LLAMANZARES, Filipino, of legal age, and presently residing at Number one hundred seven Rodeo Drive, Corinthian Hills, Quezon City, Philippines, after having been duly sworn to in accordance with the law, do hereby depose and state that with this affidavit, I hereby expressly and voluntarily renounce my United States nationality and American citizenship, together with all rights and privileges and all duties and allegiance and fidelity thereunto pertaining. I make this renunciation intentionally, voluntarily, and of my own free will, free of any duress or undue influence. (Emphasis in the original)
The affidavit was submitted to the Bureau of Immigration on October twenty-one, two thousand ten. On October twenty-one, two thousand ten, she took her Oath of Office as MTRCB Chairperson and assumed office on October twenty-six, two thousand ten. Her oath of office stated: