Monday, June 10, 2019

GRACE POE'S QUALIFICATION AS CANDIDATE FOR PRESIDENT OF THE PHIL



Mary Grace Natividad S. Poe-Llamanzares (petitioner) was found abandoned as a newborn infant in the Parish Church of Jaro, Iloilo by a certain Edgardo Militar (Edgardo) on 3 September 1968. Parental care and custody over petitioner was passed on by Edgardo to his relatives, Emiliano Militar (Emiliano) and his wife. Three days after, 6 September 1968, Emiliano reported and registered petitioner as a foundling with the Office of the Civil Registrar of Iloilo City (OCR-Iloilo). In her Foundling Certificate and Certificate of Live Birth, the petitioner was given the name "Mary Grace Natividad Contreras Militar."[1]

When petitioner was five (5) years old, celebrity spouses Ronald Allan Kelley Poe (a.k.a. Fenando Poe, Jr.) and Jesusa Sonora Poe (a.k.a. Susan Roces) filed a petition for her adoption with the Municipal Trial Court (MTC) of San Juan City. On 13 May 1974, the trial court granted their petition and ordered that petitioner's name be changed from "Mary Grace Natividad Contreras Militar" to "Mary Grace Natividad Sonora Poe." Although necessary notations were made by OCR-Iloilo on petitioner's foundling certificate reflecting the court decreed adoption,
[2] the petitioner's adoptive mother discovered only sometime in the second half of 2005 that the lawyer who handled petitioner's adoption failed to secure from the OCR-

Iloilo a new Certificate of Live Birth indicating petitioner's new name and the name of her adoptive parents.
[3] Without delay, petitioner's mother executed an affidavit attesting to the lawyer's omission which she submitted to the OCR-Iloilo. On 4 May 2006, OCR-Iloilo issued a new Certificate of Live Birth in the name of Mary Grace Natividad Sonora Poe.[4]

Having reached the age of eighteen (18) years in 1986, petitioner registered as a voter with the local COMELEC Office in San Juan City. On 13 December 1986, she received her COMELEC Voter's Identification Card for Precinct No. 196 in Greenhills, San Juan, Metro Manila.
[5]

On 4 April 1988, petitioner applied for and was issued Philippine Passport No. F927287
[6] by the Department of Foreign Affairs (DFA). Subsequently, on 5 April 1993 and 19 May 1998, she renewed her Philippine passport and respectively secured Philippine Passport Nos. L881511 and DD156616.[7]

Initially, the petitioner enrolled and pursued a degree in Development Studies at the University of the Philippines
[8] but she opted to continue her studies abroad and left for the United States of America (U.S.) in 1988. Petitioner graduated in 1991 from Boston College in Chestnuts Hill, Massachusetts where she earned her Bachelor of Arts degree in Political Studies.[9]

On 27 July 1991, petitioner married Teodoro Misael Daniel V. Llamanzares (Llamanzares), a citizen of both the Philippines and the U.S., at Sanctuario de San Jose Parish in San Juan City.
[10] Desirous of being with her husband who was then based in the U.S., the couple flew back to the U.S. two days after the wedding ceremony or on 29 July 1991.[11]

While in the U.S., the petitioner gave birth to her eldest child Brian Daniel (Brian) on 16 April 1992.
[12] Her two daughters Hanna MacKenzie (Hanna) and Jesusa Anika (Anika) were both born in the Philippines on 10 July 1998 and 5 June 2004, respectively.[13]

On 18 October 2001, petitioner became a naturalized American citizen.
[14] She obtained U.S. Passport No. 017037793 on 19 December 2001.[15]

On 8 April 2004, the petitioner came back to the Philippines together with Hanna to support her father's candidacy for President in the May 2004 elections. It was during this time that she gave birth to her youngest daughter Anika. She returned to the U.S. with her two daughters on 8 July 2004.
[16]

After a few months, specifically on 13 December 2004, petitioner rushed back to the Philippines upon learning of her father's deteriorating medical condition.
[17] Her father slipped into a coma and eventually expired. The petitioner stayed in the country until 3 February 2005 to take care of her father's funeral arrangements as well as to assist in the settlement of his estate.[18]

According to the petitioner, the untimely demise of her father was a severe blow to her entire family. In her earnest desire to be with her grieving mother, the petitioner and her husband decided to move and reside permanently in the Philippines sometime in the first quarter of 2005.
[19] The couple began preparing for their resettlement including notification of their children's schools that they will be transferring to Philippine schools for the next semester;[20] coordination with property movers for the relocation of their household goods, furniture and cars from the U.S. to the Philippines;[21] and inquiry with Philippine authorities as to the proper procedure to be followed in bringing their pet dog into the country.[22] As early as 2004, the petitioner already quit her job in the U.S.[23]

Finally, petitioner came home to the Philippines on 24 May 2005
[24] and without delay, secured a Tax Identification Number from the Bureau of Internal Revenue. Her three (3) children immediately followed[25] while her husband was forced to stay in the U.S. to complete pending projects as well as to arrange the sale of their family home there.[26]

The petitioner and her children briefly stayed at her mother's place until she and her husband purchased a condominium unit with a parking slot at One Wilson Place Condominium in San Juan City in the second half of 2005.
[27] The corresponding Condominium Certificates of Title covering the unit and parking slot were issued by the Register of Deeds of San Juan City to petitioner and her husband on 20 February 2006.[28] Meanwhile, her children of school age began attending Philippine private schools.

On 14 February 2006, the petitioner made a quick trip to the U.S. to supervise the disposal of some of the family's remaining household belongings.
[29] She travelled back to the Philippines on 11 March 2006.[30]

In late March 2006, petitioner's husband officially informed the U.S. Postal Service of the family's change and abandonment of their address in the U.S.
[31] The family home was eventually sold on 27 April 2006.[32]

Petitioner's husband resigned from his job in the U.S. in April 2006, arrived in the country on 4 May 2006 and started working for a major Philippine company in July 2006.
[33]

In early 2006, petitioner and her husband acquired a 509-square meter lot in Corinthian Hills, Quezon City where they built their family home
[34] and to this day, is where the couple and their children have been residing.[35] A Transfer Certificate of Title covering said property was issued in the couple's name by the Register of Deeds of Quezon City on 1 June 2006.

On 7 July 2006, petitioner took her Oath of Allegiance to the Republic of the Philippines pursuant to Republic Act (R.A.) No. 9225 or the Citizenship Retention and Re-acquisition Act of 2003.
[36] 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.[37]As can be gathered from its 18 July 2006 Order, the BI acted favorably on petitioner's petitions and declared that she is deemed to have reacquired her Philippine citizenship while her children are considered as citizens of the Philippines.[38]

Consequently, the BI issued Identification Certificates (ICs) in petitioner's name and in the names of her three (3) children.
[39]

Again, petitioner registered as a voter of Barangay Santa Lucia, San Juan City on 31 August 2006.
[40] She also secured from the DFA a new Philippine Passport bearing the No. XX4731999.[41] This passport was renewed on 18 March 2014 and she was issued Philippine Passport No. EC0588861 by the DFA.[42]

On 6 October 2010, President Benigno S. Aquino III appointed petitioner as Chairperson of the Movie and Television Review and Classification Board (MTRCB).
[43] Before assuming her post, petitioner executed an "Affidavit of Renunciation of Allegiance to the United States of America and Renunciation of American Citizenship" before a notary public in Pasig City on 20 October 2010,[44] in satisfaction of the legal requisites stated in Section 5 of R.A. No. 9225.[45] The following day, 21 October 2010 petitioner submitted the said affidavit to the BI[46] and took her oath of office as Chairperson of the MTRCB.[47] From then on, petitioner stopped using her American passport.[48]

issue: Whether she is qualifired to be a candidate for President of the Philippines?

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.

EN BANC

[ G.R. No. 221697, March 08, 2016 ]

MARY GRACE NATIVIDAD S. POE-LLAMANZARES, PETITIONER, VS. COMMISSION ON ELECTIONS AND ESTRELLA C. ELAMPARO, RESPONDENTS.


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