Tecson vs.

COMELEC , GR 16134 , March 3, 2004

FACTS: Petitioners questioned the jurisdiction of the COMELEC in taking
cognizance of and deciding the citizenship issue affecting Fernando Poe Jr.
They asserted that under Section 4(7) , Article VII of the 1987 Constituition,
only the Supreme Court had original and exclusive jurisdiction to resolve the
basic issue of the case.

ISSUE: As the Presidential Electoral Tribunal (PET) , does the Supreme

Court have jurisdiction over the qualifications of presidential candidates?

RULING: No. An examination of the phraseology in Rule 12, 13, and Rule
14 of the "Rules of the Presidential Electoral Tribunal," promulgated by the
Supreme Court on April 1992 categorically speak of the jurisdiction of the
tribunal over contests relating to the election, returns and qualifications of the
"President" or "Vice-President", of the Philippines, and not of "candidates"
for President or Vice-President. A quo warranto proceeding is generally
defined as being an action against a person who usurps, intrudes into, or
unlawfully holds or exercises a public office. In such context, the election
contest can only contemplate a post-election scenario. In Rule 14, only a
registered candidate who would have received either the second or third
highest number of votes could file an election protest. This rule again
presupposes a post-election scenario.
It is fair to conclude that the jurisdiction of the Supreme Court, defined by
Section 4, paragraph 7, of the 1987 Constitution, would not include cases
directly brought before it, questioning the qualifications of a candidate for the
presidency or vice-presidency before the elections are held.
 TECSON VS. COMELEC
G.R. No. 161434, March 3 2004

FACTS:
Respondent Ronald Allan Kelly Poe, also known as Fernando Poe, Jr. (FPJ)
filed his certificate of candidacy on 31 December 2003 for the position of
President of the Republic of the Philippines in the forthcoming national
elections. In his certificate of candidacy, FPJ, representing himself to be a
natural-born citizen of the Philippines, stated his name to be "Fernando Jr.,"
or "Ronald Allan" Poe, his date of birth to be 20 August 1939 and his place of
birth to be Manila.

Petitioner Fornier filed before the COMELEC a petition to disqualify FPJ and
cancel his certificate of candidacy by claiming that FPJ is not a natural-born
Filipino citizen, his parents were foreigners: his mother, Bessie Kelley Poe,
was an American, and his father, Allan Poe, was a Spanish national, being the
son of Lorenzo Pou, a Spanish subject.

The COMELEC dismissed the petition for lack of merit.

ISSUE:
Whether or not FPJ is a natural-born citizen of the Philippines.

HELD:
Section 2, Article VII, of the 1987 Constitution expresses:
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.
Natural-born citizens are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine
citizenship. Based on the evidence presented which the Supreme consider as
viable is the fact that the death certificate of Lorenzo Poe, father of Allan Poe,
who in turn was the father of private respondent Fernando Poe, Jr. indicates
that he died on September 11, 1954 at the age of 84 years, in San Carlos,
Pangasinan. Evidently, in such death certificate, the residence of Lorenzo Poe
was stated to be San Carlos, Pangansinan. In the absence of any evidence to
the contrary, it should be sound to conclude, or at least to presume, that the
place of residence of a person at the time of his death was also his residence
before death. Considering that the allegations of petitioners are not
substantiated with proof and since Lorenzo Poe may have been benefited
from the en masse Filipinization that the Philippine Bill had effected in
1902, there is no doubt that Allan Poe father of private respondent Fernando
Poe, Jr. was a Filipino citizen. And, since the latter was born on August 20,
1939, governed under 1935 Constitution, which constitution considers as
citizens of the Philippines those whose fathers are citizens of the Philippines,
Fernando Poe, Jr. was in fact a natural-born citizen of the Philippines
regardless of whether or not he is legitimate or illegitimate.
 Tecson vs. Commission on Elections [GR 151434, 3
March 2004]
Tecson vs. Commission on Elections
[GR 151434, 3 March 2004]

Facts: On 31 December 2003, Ronald Allan Kelly Poe, also known as

Fernando Poe, Jr. (FPJ), filed his certificate of candidacy for the position of
President of the Republic of the Philippines under the Koalisyon ng
Nagkakaisang Pilipino (KNP) Party, in the 2004 national elections. In his
certificate of candidacy, FPJ, representing himself to be a natural-born citizen
of the Philippines, stated his name to be "Fernando Jr.," or "Ronald Allan"
Poe, his date of birth to be 20 August 1939 and his place of birth to be Manila.
Victorino X. Fornier, (GR 161824) initiated, on 9 January 2004, a petition
(SPA 04-003) before the Commission on Elections (COMELEC) to disqualify
FPJ and to deny due course or to cancel his certificate of candidacy upon the
thesis that FPJ made a material misrepresentation in his certificate of
candidacy by claiming to be a natural-born Filipino citizen when in truth,
according to Fornier, his parents were foreigners; his mother, Bessie Kelley
Poe, was an American, and his father, Allan Poe, was a Spanish national,
being the son of Lorenzo Pou, a Spanish subject. Granting, Fornier
asseverated, that Allan F. Poe was a Filipino citizen, he could not have
transmitted his Filipino citizenship to FPJ, the latter being an illegitimate
child of an alien mother. Fornier based the allegation of the illegitimate birth
of FPJ on two assertions: (1) Allan F. Poe contracted a prior marriage to a
certain Paulita Gomez before his marriage to Bessie Kelley and, (2) even if no
such prior marriage had existed, Allan F. Poe, married Bessie Kelly only a
year after the birth of FPJ. On 23 January 2004, the COMELEC dismissed
SPA 04-003 for lack of merit. 3 days later, or on 26 January 2004, Fornier
filed his motion for reconsideration. The motion was denied on 6 February
2004 by the COMELEC en banc. On 10 February 2004, Fornier assailed the
decision of the COMELEC before the Supreme Court conformably with Rule
64, in relation to Rule 65, of the Revised Rules of Civil Procedure. The
petition likewise prayed for a temporary restraining order, a writ of
preliminary injunction or any other resolution that would stay the finality
and/or execution of the COMELEC resolutions. The other petitions, later
consolidated with GR 161824, would include GR 161434 and GR 161634,
both challenging the jurisdiction of the COMELEC and asserting that, under
Article VII, Section 4, paragraph 7, of the 1987 Constitution, only the
Supreme Court had original and exclusive jurisdiction to resolve the basic
issue on the case.

Issue: Whether FPJ was a natural born citizen, so as to be allowed to run for
the offcie of the President of the Philippines.

Held: Section 2, Article VII, of the 1987 Constitution expresses that "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." The term "natural-born citizens,"
is defined to include "those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their Philippine
citizenship." Herein, the date, month and year of birth of FPJ appeared to be
20 August 1939 during the regime of the 1935 Constitution. Through its
history, four modes of acquiring citizenship - naturalization, jus soli, res
judicata and jus sanguinis had been in vogue. Only two, i.e., jus soli and jus
sanguinis, could qualify a person to being a natural-born citizen of the
Philippines. Jus soli, per Roa vs. Collector of Customs (1912), did not last
long. With the adoption of the 1935 Constitution and the reversal of Roa in
Tan Chong vs. Secretary of Labor (1947), jus sanguinis or blood relationship
would now become the primary basis of citizenship by birth. Considering the
reservations made by the parties on the veracity of some of the entries on the
birth certificate of FPJ and the marriage certificate of his parents, the only
conclusions that could be drawn with some degree of certainty from the
documents would be that (1) The parents of FPJ were Allan F. Poe and Bessie
Kelley; (2) FPJ was born to them on 20 August 1939; (3) Allan F. Poe and
Bessie Kelley were married to each other on 16 September, 1940; (4) The
father of Allan F. Poe was Lorenzo Poe; and (5) At the time of his death on 11
September 1954, Lorenzo Poe was 84 years old. The marriage certificate of
Allan F. Poe and Bessie Kelley, the birth certificate of FPJ, and the death
certificate of Lorenzo Pou are documents of public record in the custody of a
public officer. The documents have been submitted in evidence by both
contending parties during the proceedings before the COMELEC. But while
the totality of the evidence may not establish conclusively that FPJ is a
natural-born citizen of the Philippines, the evidence on hand still would
preponderate in his favor enough to hold that he cannot be held guilty of
having made a material misrepresentation in his certificate of candidacy in
violation of Section 78, in relation to Section 74, of the Omnibus Election
Code. Fornier has utterly failed to substantiate his case before the Court,
notwithstanding the ample opportunity given to the parties to present their
position and evidence, and to prove whether or not there has been material
misrepresentation, which, as so ruled in Romualdez-Marcos vs. COMELEC,
must not only be material, but also deliberate and willful. The petitions were
dismissed.

Poe-Llamanzares v. COMELEC - facts

PONENCIA:

Perez

Nature:

Consolidated petitions under Rule 64 in relation to Rule 65 of the Rules of

Court with extremely urgent application for an ex parte TRO/status quo ante
order or a writ of preliminary injunction

Assailed Resolutions/Decision:

1 December 2015 Resolution of the Commission on Elections

(COMELEC) 2nd Division

23 December 2015 Resolution of the COMELEC En Banc, in SPA No. 15-

001 (DC);

11 December 2015 Resolution of the COMELEC 1st Division

23 December 2015 Resolution of the COMELEC En Banc, in SPA No. 15-

002 (DC), 15-007 (DC) and SPA No. 15-139 (DC)

Grounds:

General:

Issued w/o jurisdiction

w/ Grave abuse of discretion amounting to lack or excess of

jurisdiction

Facts

Discovery story:

3 September 1968: Mary Grace Natividad S. Poe-Llamanzares
was found:

In what condition: Abandoned, Newborn infant

Where: Jaro, Iloilo parish church

Who found: Edgardo Militar

 Edgardo passed the care of Grace Poe to relatives:
Emiliano Militar and his wife

6 September 1968: Emiliano reported and registered Poe as a
foundling with the Office of the Civil Registrar of Iloilo (proof: Foundling
Certificate + Certificate of Live Birth)

She was named Mary Grace Natividad Contreras Militar

Adoption:

When she was 5 years old, Ronald Allan Kelley Poe
and Jesusa Sonora Poe filed with the MTC San Juan a Petition for
Adoption

13 May 1974: MTC granted petition for adoption

Ordered name to be changed as "Mary Grace Natividad
Sonora Poe"

Adoption decree annotated on her foundling certificate

No new certificate of live birth - only found out about it in
second half of 2005

So Susan Roces executed an affidavit attesting to
lawyer's omission

4 May 2006: OCR-Iloilo issued a new Certificate of
Live Birth in the name of "Mary Grace Natividad Sonora Poe"

Badges of Citizenship:

1986: registered voter with COMELEC San Juan, precinct 196
(proof: Voter's ID issued 13 December 1986)

4 April 1988: Petition applied and was issued a Philippine
Passport (No. F927287); renewed 2x: 1993 and 1998

Initially enrolled in UP - Dev Stud (but did not continue; finished
studies at Boston College in 1991)

Marriage:

to Teodoro Llamanzares, dual citizen of US and RP

 Where: Sanctuario de San Jose Parish, San Juan City

When: 27 July 1991

Children:

Brian Daniel - US born - 1992

Hanna Mackenzie - RP Born 1998

Anika - RP Born 2004

US Citizenship

RESIDENCE

US: When studying: 1988 - 1991 (what about period after
grad?)

US: After marriage (29 July 1991 to 2004?)

US: 8 July 2004 (after elections) to 13 December 2004
(when returned to RP for dad)

3 Feb 2005 until sometime first quarter of 2005: decided
to stay in RP after death of dad so began resettlement

US naturalization: 18 October 2001

US Passport: 19 December 2001

Abandonment of US residence/domicile:

1Q 2005 - decided to stay in RP after death of dad

Notified schools of children that they will be transferring
to RP schools the next semester

Coordinated with property movers for the relocation of
household goods, furniture, cars from US to RP

Inquiry with RP authorities as to the proper procedure to
be followed in bringing pet dog from US to RP

2004: quit job in US

24 May 2005: came home to the Philippines

FPJ Candidancy

8 April 2004: Poe with Hanna returned to Rp for May 2004
Elections

8 July 2004: returned to US

13 December 2004: returned to RP for dad

3 Feb 2005: returned to us after taking care of dad's funeral

Return

24 May 2005

Secured TIN with the BIR

Stayed at One Wilson Place Condominium, San Juan (with
Condominium Certificate of Titles issued on 20 Feb 2006)

Children attended private schools here

US trip: 14 Feb 2006 until 11 March 2006: to supervise disposal
of some of family's remaining household belongings

March 2006: Poe's husband officially informed uS of change of
family's home and abandonment of US address

Family home in US sold on 27 April 2006

1 June 2006: finally acquired title over property at Corinthian
Hills, QC where they have been residing

7 July 2006: Poe took oath of allegiance to RP pursuant to RA
9225 (Citizenship Retention and Re-acquisition Act of 2003)

cf. Section 5, R.A. No. 9225 states:

SEC. 5. Civil and Political Rights and Liabilities. - Those who retain or re-
acquire Philippine
citizenship under this Act shall enjoy full civil and political rights and be
subject to all attendant

liabilities and responsibilities under existing laws of the Philippines and

the following conditions:

xx xx

3. Those appointed to any public office shall subscribe and swear to an

oath of allegiance

to the Republic of the Philippines and its duly constituted authorities prior
to their

assumption of office: Provided, That they renounce their oath of

allegiance to the country

where they took that oath;

Poe filed petition to REACQUIRE PHILIPPINE CITIZENSHIP

Poe also filed petition for DERIVATIVE citizenship for 3
children

18 July 2006: BI acted favorably - POE DECLARED TO HAVE

REACQUIRED HER PHILIPPINE CITIZENSHIP

POE issued Identification Certificates

31 August 2006: Poe registered as voter of Brgy. Santa Lucia, San

Juan

Acquired Philippine Passport (renewed 18 March 2014)

Note: she obtained diplomatic passport on December
2013 - so what was renewed? 2 passports nya?

Subfacts (not in the main opinion):

She flew in to US using US passport several times after her
oath under RA 9225

She bought a house in US sometime in 2008

6 October 2010: Poe was appointed chair of MTRCB


20 October 2010: Poe executed "Affidavit of Renunciation of
Allegiance to the United States of America and Renunciation of American
Citizenship"

21 October 2010: Poe submitted affidavit to the BI, took an oath

as MTRCB Chair; STOPPED USING US PASSPORT ONLY AFTER THIS

12 July 2011: Poe executed before Vice Consul of US Embassy in

Manila "Oath/Affirmation of Renunciation of Nationality of the United
States."

expressly stated that she had relinquished her US
Citizenship

Expressly stated that she has resided outside US from:

3 September 1968 to 29 July 1991

May 2005 to present

9 December 2011: Certificate of Loss of Nationality of the US -

issued by US Vice Consul

2 October 2012: Poe filed COC for Senator for 2013 Elections

"Period of residence in the Philippines before May `13,
2013": 6 years and 6 months

13 December 2013: POE obtained Philippine Diplomatic

Passport

SET Case

Rizalino David filed a petition for quo warranto before the
SET on 6 August 2015 to disqualify Poe, contesting her status as a
natural born citizen;

SET (5-4 decision): Poe is a natural born citizen FROM THE
DAY SHE RENOUNCED HER US CITIZENSHIP ON 20 OCTOBER 2010
(WHEN she took oath as MTRCB Chair; she was still a dual-citizen
before that)

all the justices in SET (Carpio, Brion, De Castro) voted
against the ruling


15 October 2015: Poe filed COC for President

COC

Natural-born citizen

Residence in the Philippines up to the day before 9
Mary 2016: 10 years and 11 months counted from 24 May 2005

Attached

"Affidavit Affirming Renunciation of U.S.A. Citizenship" subscribed and
sworn to before a notary public in Quezon City on 14 October 2015.
 Grace Poe vs COMELEC
(Case Digest: GR 221697, GR 221698-700 March 8, 2016)

Facts:

In her COC for presidency for the May 2016 elections, Grace Poe declared that she is a
natural-born citizen and that her residence in the Philippines up to the day before 9 May
2016 would be 10 years and 11 months counted from 24 May 2005.

May 24, 2005 was the day she came to the Philippines after deciding to stay in the PH for
good. Before that however, and even afterwards, she has been going to and fro between
US and Philippines. She was born in 1968, found as newborn infant in Iloilo, and was
legally adopted. She immigrated to the US in 1991 and was naturalized as American
citizen in 2001. On July 18, 2006, the BI granted her petition declaring that she had
reacquired her Filipino citizenship under RA 9225. She registered as a voter and obtained
a new Philippine passport. In 2010, before assuming her post as an appointed chairperson
of the MTRCB, she renounced her American citizenship to satisfy the RA 9225
requirement . From then on, she stopped using her American passport.

Petitions were filed before the COMELEC to deny or cancel her candidacy on the ground
particularly, among others, that she cannot be considered a natural-born Filipino citizen
since she cannot prove that her biological parents or either of them were Filipinos. The
COMELEC en banc cancelled her candidacy on the ground that she is in want of
citizenship and residence requirements, and that she committed material misrepresentations
in her COC.

On certiorari, the SC reversed the ruling and held (9-6 votes) that Poe is qualified as a
candidate for Presidency. Three justices, however, abstained to vote on the natural-born
citizenship issue.

Issue 1: W/N the COMELEC has jurisdiction to rule on the issue of

qualifications of candidates (Read Dissent)

Held:

No. Article IX-C, Sec 2 of the Constitution provides for the powers and functions of the
COMELEC, and deciding on the qualifications or lack thereof of a candidate is not one
among them.

In contrast, the Constitution provides that only the SET and HRET tribunals have sole
jurisdiction over the election contests, returns, and qualifications of their respective
members, whereas over the President and Vice President, only the SC en banc has sole
jurisdiction. As for the qualifications of candidates for such positions, the Constitution is
silent. There is simply no authorized proceeding in determining the ineligibility of
candidates before elections. Such lack of provision cannot be supplied by a mere rule, and
for the COMELEC to assimilate grounds for ineligibility into grounds for disqualification
in Rule 25 in its rules of procedures would be contrary to the intent of the Constitution.

Hence, the COMELEC committed grave abuse of discretion when it decided on the
qualification issue of Grace as a candidate in the same case for cancellation of her COC.

Issue 2: W/N Grace Poe-Llamanzares is a natural-born Filipino citizen

(Read Dissent)

Held:
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.

Issue 3: W/N Grace Poe satisfies the 10-year residency requirement

Held:

Yes. Grace Poe satisfied the requirements of animus manendi coupled with animus
revertendi in acquiring a new domicile.

Grace Poes domicile had been timely changed as of May 24, 2005, and not on July 18,
2006 when her application under RA 9225 was approved by the BI. COMELECs reliance
on cases which decree that an aliens stay in the country cannot be counted unless she
acquires a permanent resident visa or reacquires her Filipino citizenship is without merit.
Such cases are different from the circumstances in this case, in which Grace Poe presented
an overwhelming evidence of her actual stay and intent to abandon permanently her
domicile in the US. Coupled with her eventual application to reacquire Philippine
citizenship and her familys actual continuous stay in the Philippines over the years, it is
clear that when Grace Poe returned on May 24, 2005, it was for good.

Issue 4: W/N the Grace Poes candidacy should be denied or cancelled for
committing material misrepresentations in her COC

Held:

No. The COMELEC cannot cancel her COC on the ground that she misrepresented facts
as to her citizenship and residency because such facts refer to grounds for ineligibility in
which the COMELEC has no jurisdiction to decide upon. Only when there is a prior
authority finding that a candidate is suffering from a disqualification provided by law or
the Constitution that the COMELEC may deny due course or cancel her candidacy on
ground of false representations regarding her qualifications.

In this case, by authority of the Supreme Court Grace Poe is now pronounced qualified as a
candidate for the presidency. Hence, there cannot be any false representations in her COC
regarding her citizenship and residency. ##
 The Grace Poe Case Simplified
A further digest of another digest by Vena V. Verga, presented in a way
laymen would better understand. It is for you to be informed of what netizens
are raging about.

GRACE POE vs. COMELEC

The Case
Grace Poe was found abandoned as a newborn infant in the Parish
Church of Jaro, Iloilo by Edgardo Militar in 1968. Parental care and
custody over her was passed on by Edgardo to his relatives, Emiliano
Militar and his wife. Emiliano reported and registered Grace Poe as a
foundling with the Office of the Civil Registrar of Iloilo City. Fenando
Poe, Jr. and Susan Roces adopted Grace Poe.
1991 Poe went to the US to be a permanent resident therein
2001 She became a naturalized US citizen
First quarter of 2005 she came back to the Philippines to
permanently reside herein
February 14, 2006- she went back to the US to dispose family
belongings
July 18, 2006 she re-acquired Filipino citizenship
According to Poe in her 2013 COC for Senator, before the May 13,
2013 election, she has been a resident of the Philippines for 6 years
and 6 months (reckoned from year 2006 when she re-acquired her
Filipino citizenship under RA 9225).
Poe filed her COC for Presidency for the May 9, 2016 elections
(hence, computing from May, 2013, she has been a resident in the
Philippines for 9 years and 6 months only)
However, in her COC, Poe declared that she is a natural born and
her residence in the Philippine up to the day before election would be
10 years and 11 months counted from May 24, 2005 (when she
returned from the US to the Philippines for good).

RULING OF THE SUPREME COURT

Poe is qualified to be a candidate for President in the National and
Local Election on May 9, 2016.

1) Is Poe, a foundling, a natural-born citizen? Yes, based on:

a) Circumstantial evidence
b) Legislation
c) Generally accepted principles of international law

Circumstantial evidence
There is more than sufficient evidence that Poe has Filipino parents
and is therefore a natural-born Filipino. xxx. [T]here is a high
probability that her parents are Filipinos. The Solicitor General offered
official Statistics from the Philippine Statistics office that from 1965 to
1975, the total number of foreigners born in the Philippines was
15,985. While the Filipinos born in the country were more than 10
 Million. On this basis, there is a 99% chance that the child born in the
Philippines would be a Filipino which in turn, would indicate more
than ample probability that Poes parents are Filipinos.

Other circumstantial evidence of the nationality of Poes parents are

the fact that:
1. She was abandoned in a Roman Catholic Church in Iloilo
2. She has typical Filipino features.

There are disputable presumptions that things have happened

according to the ordinary course of nature. On this basis, it is safer to
assume that Poes parents are Filipinos. To assume otherwise is to
accept the absurd.

Legislation
Foundlings are as a class, natural born citizens.
The amendment to the Constitution proposed by constitutionalist
Rafols to include foundlings as natural born citizens was not carried
out, not because there was any objection to the notion that persons of
unknown parentage are not citizens, but only because their number
was not enough to merit specific mention. There was no intent or
language that would permit discrimination against foundlings. On the
contrary, all three Constitutions guarantee the basic right to equal
protection of the laws.
Likewise, domestic laws on adoption support the principle that
foundlings are Filipinos. These laws do not provide that adoption
confers citizenship upon the adoptee, rather, the adoptee must be
Filipino in the first place to be adopted.
Recent legislation all expressly refer to Filipino children and
include foundlings as among Filipino children who may be adopted.

Generally accepted principles of international law

The common thread of the Universal Declaration of Human Rights, the
Convention on the Rights of the Child and the International
Convent on Civil and Political Rights obligates the Philippines to
grant nationality from birth and to ensure that no child is stateless.
The principles stated in the:
1. Hague Convention on Certain Questions Relation to the Conflict of
Nationality laws (that a foundling is presumed to have the nationality
of the country of birth)
2. Convention on the Reduction of Statelessness (foundling is
presumed born of citizens of the country where he is found)
bind the Philippines although we are not signatory to these
conventions.

Poes evidence shows that at least 60 countries in Asia, North and

South America and Europe have passed legislation recognizing
foundlings as its citizens. 166 out of 189 countries accept that
foundlings are recognized as citizens. Hence, there is a generally
 accepted principle of international law to presume foundlings as
having been born and a national of the country in which it is found.

2) After renouncing her American citizenship and after having taken

her Oath of Allegiance to the Republic of the Philippines, has Poe re-
acquired her status as a natural-born Filipino citizen? Yes, Poes
repatriation resulted to reacquisition of natural born
citizenship.

A natural born citizen before he lost his Philippine nationality will be

restored to his former status as natural born Filipino after repatriation
(Benson v. HRET, Pareno v. Commission on Audit etc).

3) Has Poe satisfied the 10 year residency requirement? Yes, she will
have been a resident for 10 years and 11 months on the day
of the election.

[T]here is overwhelming evidence that leads to no to other conclusion

that Poe decided to permanently abandon her US residence and reside
in the Philippines as early as May 24, 2005.

Poe presented voluminous evidence showing that she and her family
abandoned their US domicile and relocated to the Philippines for good.
These evidence include former US passport showing her arrival on
May 24, 2005 and her return to the Philippines every time she
travelled abroad, email correspondences with freight company to
arrange for the shipment of household items as well as with the pet
Bureau; school records of her children showing enrolment in the
Philippine to the Philippine schools starting on June 2005 etc. xxx
These evidence, coupled with her eventual application to reacquire
Philippine citizenship is clear that when she returned in May 2005, it
was for good.

Poe was able to prove that her statement in her 2013 COC was only a
mistake in good faith. As explained by Grace Poe, she misunderstood
the date required in the 2013 COC as the period of residence as of the
day she submitted that COC in 2012. She said that she reckoned
residency from April-May 2006 which was the period when the U.S.
house was sold and her husband returned to the Philippines. In that
regard, she was advised by her lawyers in 2015 that residence could be
counted from 25 May 2005. Such a mistake could be given in evidence
against her but it was by no means conclusive considering the
overwhelming evidence submitted by Poe.