CASE NOTE THE POE CASES: PREVENTING STATELESSNESS FOR FOUNDLINGS IN THE PHILIPPINES DANTE GATMAYTAN* TABLE OF CONTENTS The Law ................................................................................................................ 309 Background ........................................................................................................... 310 Poe-Llamanzares v Commission on Elections ...................................................... 310 David v Senate Electoral Tribunal ........................................................................ 311 Comments ............................................................................................................. 312 Recent Developments ........................................................................................... 313 Conclusion ............................................................................................................ 314 THE LAW Philippine Senator, Grace Poe, is a foundling. Due to her status as a foundling, the question of whether Senator Poe was a natural-born citizen was raised in the Supreme Court of the Philippines (‘the Supreme Court’), as the Philippine Constitution provides that only natural-born citizens may run for national government offices.1 Natural-born citizens are those who are citizens of the Republic of the Philippines (‘the Philippines’) from birth without having to perform any act to acquire or perfect their Philippine citizenship.2 Hence, the status of Senator Poe’s citizenship was crucial in determining whether she could run for national office. The Supreme Court promulgated two decisions in her favour, both dealing, for the first time, with the status of foundlings. In Poe-Llamanzares v Commission on Elections,3 the Supreme Court, with a 9:6 vote, reversed the decision of the Commission on Elections (‘COMELEC’) to * 1 Professor, University of the Philippines, College of Law. See art VI, s 3 of the Constitution of the Republic of the Philippines (‘Philippine Constitution’) which provides: No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. Cf art VII, s 2 which provides: No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election and a resident of the Philippines for at least ten years immediately preceding such election. 2 ibid art IV, s 2 provides: Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed natural-born citizens. 3 Poe-Llamanzares v Commission on Elections (Supreme Court of the Philippines, GR No 221697/221698-700, 8 March 2016) 782 Phil 292 (‘Poe-Llamanzares’).

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