DAVID vs SENATE ELECTORAL TRIBUNAL
Senat Senator or Mary Mary Grace Grace Poe-Ll Poe-Llama amanza nzares res is a foundl foundling ing whose whose biolog biologica icall parents are unknown. As an infant she was abandoned at the Parish !hurch of "aro #loilo. She was later adopted and raised by spouses $P" and Susan %oces. She took her college degree in the &SA. She returns to the Philippines fre'uently. fre'uently.
FACTS:
(n "uly )* +**+ Senator Poe decided to settle in the &S with her husband and children and li,ed there for some time. She was naturalized and granted American citize citizensh nship ip on (ctobe (ctoberr + )+. )+. She was subse'u subse'uent ently ly gi,en gi,en a &nited &nited States States passport. /hen $P" ran for President in )0 she returned to support her father1s candidacy. After the 2lections she returned to the the &nited States on "uly )0. )0. (n 3ecember +0 )0 $P" died. She stayed in the country until $ebruary 4 )5 to attend her father1s funeral and to attend to the settling of his estate. #n )0 Senator Poe resigned from work in the &nited States and decided to return home in )5. She came back on May )0 )5. (n "uly 6 )7 she took the (ath of Allegiance to %epublic of the Philippines #n "uly "uly )7 )7 her her Peti Petiti tion on for for %ete %etent ntio ion n and and or %e-a %e-ac' c'ui uisi siti tion on of Phili Philipp ppin ine e !itizenship and deri,ati,e citizenship on behalf of her three children were granted. Senator Poe became a registered ,oter of 8arangay Santa Lucia San "uan !ity on August 4+ )7. Senator Poe made se,eral trips to the &nited States of America between )7 and )* using her &nited States Passport. She used her passport 9after ha,ing taken her (ath of Allegiance to the %epublic on 6 "uly )7 but not after she has formally renounced her American citizenship on ) (ctober )+. (n (ctober 7 )+ President A'uino appointed Senator Poe as !hairperson of the Mo,ie and :ele,ision %e,iew and !lassification 8oard ;M:%!8<. (n (ctober ) )+ Senator Poe e=ecuted an Affida,it of %enunciation of Allegiance to the &nited States of America and %enunciation of American !itizenship. Senato Senatorr Poe e=ecut e=ecuted ed an (ath>A (ath>Aff ffirma irmatio tion n of %enun %enuncia ciatio tion n of ?ation ?ationali ality ty of the &nited States on "uly +) )++. Senator Poe decided to run as Senator in the )+4 2lections and e,entually won. 3a,id a losing candidate in the )+4 Senatorial 2lections filed before the Senate 2lectoral :ribunal a Petition for @uo /arranto on August 7 )+5. e contested the election of Senator Poe for failing to 9comply with the citizenship and residency re'uirements mandated by the !onstitution. (n ?o,emb ?o,ember er +6 )+5 )+5 the Senat Senate e 2lecto 2lectoral ral :ribu :ribunal nal promul promulgat gated ed its assail assailed ed 3ecision finding Senator Poe to be a natural-born citizen and therefore 'ualified to hold office as Senator. ence this petition.
ISSUE: /hether HELD: Boting
Grace Poe is eligible to sit as a Senator
*-4 the high court ruled in fa,or of Poe.
$rom the deliberations of the +*40 !onstitutional !on,ention on citizenship it was ne,er the intention of the framers to e=clude foundlings from natural-born citizenship status. C!hildren or people born in a country of unknown parents are citizens of this nationD and the only reason that there was no specific reference to foundlings in the +*45 pro,ision was that these cases Care few and far in between.D 2,ident intent was to adopt the concept found in the Spanish !ode Cwherein all children of unknown parentage born in Spanish territory are considered Spaniards because the presumption is that a child of unknown parentage is the son of a Spaniard.D &nder Art. +0 of the ague !on,ention of +*4 ;on !onflict of ?ationality Laws< a foundling is presumed to ha,e been born on the territory of the State in which it was found until the contrary is pro,ed. Although the Philippines is not a signatory to said con,ention its pro,isions are binding as they form part of the law of the land pursuant to the incorporation clause. Senator %o=as in the +*40 !onstitutional !on,ention remarked C8y international law the principle that children or people born in a country of unknown parents are citizens in this nation is recognizedED 8y referring to this rule in international law ;which was no other than Art. +0 of the ague !on,ention of +*4< what was effecti,ely created in the !onstitution itself was an e=ception to the general rule of natural-born citizenship based on blood descent. ence foundlings ;children born in the Philippines with unknown parentage< were by birth accorded natural-born citizenship by the !onstitution. Cnatural-born citizens by legal fictionD:he framers of the !onstitution were sufficiently empowered to create a class of natural-born citizens by legal fiction as an e=ception to the Fus sanguinis rule. :his is e,ident from Art. + ;State to determine who are its nationals< and Art. ) ;'uestions on nationality to be determined by the law of that State< of the +*4 ague !on,ention. Poe ,alidly reac'uired her natural-born $ilipino citizenship upon taking her (ath of Allegiance to the %epublic as re'uired under Section 4 %.A. ?o. *))5. 8efore assuming her position as M:%!8 !hairman Poe e=ecuted an affida,it of renunciation of foreign citizenship. :his was sufficient to 'ualify her for her appointi,e position and later her electi,e office as %.A. ?o. *))5 did not re'uire that her !ertificate of Loss of ?ationality filed before the &.S. 2mbassy be first appro,ed in order that she may 'ualify for office. %ecords of the 8ureau of #mmigration show that Poe still used her &.S. passport after ha,ing taken her (ath of Allegiance but not after she has renounced her &.S. !itizenship.
