Poe-Llamanzares v. COMELEC
G.R. No. 221697March 8, 2016
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Cited for
COMELEC cannot decide a candidate's qualifications in a COC-cancellation case; foundlings are presumed natural-born; residence may be counted from actual return
Why it matters
The Court annulled the COMELEC resolutions cancelling Grace Poe's certificate of candidacy for President and declared her qualified to run in 2016. The ponencia held that foundlings are, as a class, natural-born citizens, relying on the 1935 framers' intent, a presumption of Filipino parentage backed by statistics, and generally accepted principles of international law. It also held that her residence could be counted from her return on 24 May 2005. The vote on the judgment was 9-6, and the dissents point out that fewer than a majority joined the ruling on natural-born status.
Digest
Petitioner was found abandoned as a newborn in the Parish Church of Jaro, Iloilo on 3 September 1968 and registered as a foundling. Fernando Poe, Jr. and Susan Roces adopted her in 1974. She became a naturalized U.S. citizen on 18 October 2001 and returned to the Philippines on 24 May 2005. She reacquired Philippine citizenship under R.A. No. 9225 in July 2006 and renounced her American citizenship on 20 October 2010. Her 2012 COC for Senator stated "6 years and 6 months" of residence before 13 May 2013. Her 15 October 2015 COC for President declared that she was natural-born and would have 10 years and 11 months of residence as of the day before the 9 May 2016 elections. Elamparo, Tatad, Contreras and Valdez filed petitions before the COMELEC to cancel her COC or disqualify her, arguing that she was not natural-born and lacked ten years' residence. The COMELEC Second Division (1 December 2015) and First Division (11 December 2015) cancelled her COC for material misrepresentation, and the COMELEC En Banc denied reconsideration on 23 December 2015. She filed petitions under Rule 64 in relation to Rule 65, and the Court issued TROs on 28 December 2015.
- 1Whether the COMELEC may, in a petition to deny due course to or cancel a COC, itself decide the candidate's qualifications.
- 2Whether petitioner, a foundling who reacquired citizenship under R.A. No. 9225, is a natural-born citizen.
- 3Whether she met the ten-year residency requirement despite the period stated in her 2012 COC.
The Court granted the petitions and found that the COMELEC committed grave abuse of discretion. Jurisdiction: A COC can be cancelled only on the exclusive ground of false material representation. Following Romualdez-Marcos as cited in Fermin, neither Rule 23 nor Rule 25 lets the COMELEC decide a candidate's qualifications: "The facts of qualification must beforehand be established in a prior proceeding before an authority properly vested with jurisdiction." Citizenship: The burden was on respondents to show that both of her parents were aliens. Her Filipino parentage was demonstrable through circumstantial evidence and statistics, since over 99% of children born in the Philippines in the relevant period were Filipino. The ponencia held that "As a matter of law, foundlings are as a class, natural-born citizens." It based this on the intent of the 1935 framers, the fact that a foundling certificate is not an act to acquire citizenship, and generally accepted principles of international law adopted through the incorporation clause. These include the UDHR, the ratified UNCRC and ICCPR, and the principles of the unratified 1930 Hague Convention and 1961 Statelessness Convention. Repatriation under R.A. No. 9225 restores the original status of a natural-born citizen (Bengson III v. HRET). Residence: A new domicile requires bodily presence, intent to remain and intent to abandon the old domicile. Her evidence overwhelmingly showed that she abandoned her U.S. domicile as of 24 May 2005. The 2012 COC entry was evidence against her but not a conclusive admission, and there was no intent to deceive. The COMELEC resolutions were annulled and set aside, and petitioner was declared qualified to run for President in the 9 May 2016 elections.
Checked against the full decision by the PhilippineLaws team on September 21, 2026. Not reviewed by a lawyer.
Separate opinions
Voted to grant the petitions, stressing the electorate's right to choose and the COMELEC's grave abuse.
Concurred, adding emphasis that petitioner's evidence established animus manendi and animus non revertendi from 24 May 2005.
Voted to grant; on residence, reasoned that as a visa-free balikbayan under R.A. No. 9174 she could form the intent to establish domicile.
COMELEC gravely abused its discretion; even assuming falsity, her representations lacked the deliberate intent to deceive required to cancel a COC (joined by Peralta, J.).
Concurred with the ponencia, favoring a just and humane reading of the citizenship provisions and leaving the choice to the electorate.
No majority held petitioner natural-born; a foundling of unknown parentage is not natural-born under jus sanguinis absent proof of Filipino parentage, and R.A. 9225 cannot restore natural-born status; would dismiss.
The ponencia's only binding basis is its finding of grave abuse of discretion, which he disputed. The COMELEC did not gravely abuse its discretion. He would dismiss the petitions and let the COMELEC proceed with cancelling her COC.
Her citizenship is uncertain because her parents are unknown; would not create a presumption from statistics and would dismiss the petitions.
Under the limited Rule 64/65 review there was no grave abuse; the framers' debates, unratified conventions and statistics cannot supply natural-born status (joined by Reyes, J.).
The seven Justices' view in effect amends the 1935 Constitution to add foundlings; the will of the electorate cannot cure ineligibility; would dismiss and lift the TRO.