COMELEC FRANCISCO S TATAD ANTONIO P CONTRERAS AND AMADO D VALDEZ Respondents

Comelec francisco s tatad antonio p contreras and

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COMELEC, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS AND AMADO D. VALDEZ Respondents. Facts: Grace Poe was found abandoned in a church in Jaro , Iloilo sometime in 1968. She was adopted by Ferdinando Poe J.r and Susan Roces . At the age of 18, Poe was registered as a voter of San Juan and was issued a Philippine passport (year 1988). Poe married Teodoro Llamanzares and flew to the US right after the wedding. In 2001, Poe became a naturalized American Citizen and obtained a US passport that same year. First quarter of 2005, Poe and her husband decided to move and reside in the Philippines permanently. On July 2006, Poe took her Oath of Allegiance of the Republic of the Philippines pursuant to RA 9225 (Citizenship Retention and Re-Acquisition Act of 2003) Under the same Act, she filed with the Bureau of Immigration (BI) a sworn petition to reacquire Philippine citizenship together with petitions for derivative citizenship on behalf of her three minor children on 10 July 2006. On October 2, 2012, Poe filed with the COMELEC her COC for Senator for 2013 elections. wherein she answered "6 years and 6 months" to the question "Period of residence in the Philippines before May 13, 2013. She won. On 15 October 2015, petitioner filed her COC for the Presidency for the May 2016 Elections. In her COC, the petitioner 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 ten (10) years and eleven (11) months counted from 24 May 2005. The petitioner attached to her COC an "Affidavit Affirming Renunciation of U.S.A. Citizenship" subscribed and sworn to before a notary public in Quezon City on 14 October 2015, 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: Whether or not Mary Grace Natividad Sonora Poe-Llamanzares is qualified to run for the position of President Held: Yes. Petitioner MARY GRACE NATIVIDAD SONORA POE-LLAMANZARES is DECLARED QUALIFIED to be a candidate for President in the National and Local Elections of 9 May 2016.
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All put together, in the matter of the citizenship and residence of petitioner for her candidacy as President of the Republic, the questioned Resolutions of the COMELEC in Division and En Banc are, one and all, deadly diseased with grave abuse of discretion from root to fruits.
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