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Re: CITIZENSHIP; Foundling
RULING:
1. The SC held that the COMELEC had jurisdiction to disqualify Poe. The jurisdiction to decide questions of qualifications of a candidate for President belongs to the COMELEC under Section 4 of Article VII of the Constitution. The COMELEC's power is exclusive and original, and any question pertaining to qualifications can only be raised before or after the elections.
2. The SC ruled that Poe is a natural-born Filipino citizen. Poe is presumed to be a natural-born citizen, having been found as a deserted newborn foundling in Jaro, Iloilo. The fact that she is a foundling does not automatically disqualify her from being a natural-born citizen. The burden is on the petitioner to prove that Poe is not a natural-born citizen, but Elamparo failed to discharge this burden.
3. The SC held that Poe met the residency requirement. Poe has been residing in the Philippines since May 24, 2005, and has continuously established her domicile in the country. The intent to stay permanently is not required for purposes of determining residency; it is the fact of physical presence and actual intent to reside that matters. Poe has sufficiently shown that she has abandoned her residency in the United States and has chosen the Philippines as her domicile.
Therefore, the SC granted Poe's petition and declared that she is qualified to run for President in the May 9, 2016 elections. The TRO earlier issued is made permanent.
MARY GRACE NATIVIDAD S. POE-LLAMANZARES vs. COMELEC AND ESTRELLA C. ELAMPARO G.R. No. 221698-700
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RULING:
1. The SC held that the COMELEC had jurisdiction to disqualify Poe. The jurisdiction to decide questions of qualifications of a candidate for President belongs to the COMELEC under Section 4 of Article VII of the Constitution. The COMELEC's power is exclusive and original, and any question pertaining to qualifications can only be raised before or after the elections.
2. The SC ruled that Poe is a natural-born Filipino citizen. Poe is presumed to be a natural-born citizen, having been found as a deserted newborn foundling in Jaro, Iloilo. The fact that she is a foundling does not automatically disqualify her from being a natural-born citizen. The burden is on the petitioner to prove that Poe is not a natural-born citizen, but Elamparo failed to discharge this burden.
3. The SC held that Poe met the residency requirement. Poe has been residing in the Philippines since May 24, 2005, and has continuously established her domicile in the country. The intent to stay permanently is not required for purposes of determining residency; it is the fact of physical presence and actual intent to reside that matters. Poe has sufficiently shown that she has abandoned her residency in the United States and has chosen the Philippines as her domicile.
Therefore, the SC granted Poe's petition and declared that she is qualified to run for President in the May 9, 2016 elections. The TRO earlier issued is made permanent.
MARY GRACE NATIVIDAD S. POE-LLAMANZARES vs. COMELEC AND ESTRELLA C. ELAMPARO G.R. No. 221698-700
Read full text @
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