David vs Senate Electoral Tribunal

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:%!8A (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