POE-LLAMANZARES v. COMELEC (Main opinion)  While in the U.S.

 While in the U.S., the petitioner gave birth to her eldest child Brian on 16 April
March 8, 2016 | Perez, J. | Residency (I think) 1992. Her two daughters Hanna and Anika were both born in the Philippines on 10
Digester: Venturanza, Maria; Edited by: Patch Magtanong July 1998 and 5 June 2004, respectively.
 On 18 October 2001, petitioner became a naturalized American citizen.
SUMMARY: Petitioner filed her certificate of candidacy for the Presidency. This  On 8 April 2004, the petitioner came back to the Philippines to support her father's
prompted several individuals to file disqualification cases against her before the candidacy for President in the May 2004 elections. It was during this time that she
COMELEC. Their arguments is summarized as follows: (1) being a foundling, she gave birth to her youngest daughter Anika. She returned to the U.S. on 8 July 2004.
committed material misrepresentation when she stated that she was a natural-born  After a few months, specifically on 13 December 2004, petitioner rushed back to
citizen; and (2) she committed material misrepresentation in declaring that she has been the Philippines upon learning of her father's deteriorating medical condition. After
a resident of the Philippines for 10 years and 11 months as (a) she was bound by her her father’s death, she stayed in the country until 3 February 2005 to take care of
former declaration in her 2013 COC, and (b) residence could be counted only from her father's funeral arrangements as well as to assist in the settlement of his estate.
the time she reacquired her Philippine citizenship under the Citizenship
 In her earnest desire to be with her grieving mother, the petitioner and her
Retention and Re-acquisition Act of 2003. The COMELEC ruled that petitioner
husband decided to move and reside permanently in the Philippines
committed material misrepresentation and declared her unqualified to run as president.
sometime in the first quarter of 2005. Finally, petitioner came home to the
Petitioner then filed a petition for certiorari. The Court reversed the ruling of the
Philippines on 24 May 2005 and without delay, secured a TIN from the BIR.
COMELEC. First of all, the COMELEC is not empowered by law to disqualify a
candidate without a declaration from a competent court or tribunal. Second, petitioner  On 14 February 2006, the petitioner made a quick trip to the U.S. to supervise the
is a natural born-citizen. That petitioner was a natural-born citizen was demonstrated by disposal of some of the family's remaining household belongings. She travelled
the Court through circumstantial evidence, local legislation, and international law. back to the Philippines on 11 March 2006.
Lastly, on the matter of residence, petitioner’s residence shall be counted from the time  In late March 2006, petitioner's husband officially informed the U.S. Postal
she returned for good from the United States. Service of the family's change and abandonment of their address in the U.S.
DOCTRINE: It is the fact of residence, not a statement in a certificate of candidacy, The family home was eventually sold on 27 April 2006. Petitioner's husband
which ought to be decisive in determining whether or not an individual has satisfied the resigned from his job in the U.S. in April 2006, arrived in the country on 4 May
constitutions residency qualification requirement. 2006. They now live in their family home in Corinthian Gardens.
FACTS:  On 7 July 2006, petitioner took her Oath of Allegiance to the Republic of the
 Petitioner was found abandoned as a newborn infant in the Parish Church of Jaro, Philippines pursuant to R.A. No. 9225 or the Citizenship Retention and Re-
Iloilo by a certain Edgardo Militar on 3 September 1968. She was registered as a acquisition Act of 2003. Under the same Act, she filed with the Bureau of
foundling with the Office of the Civil Registrar of Iloilo City (OCR-Iloilo). Immigration (BI) a sworn petition to reacquire Philippine citizenship together
o In her Foundling Certificate and Certificate of Live Birth, the petitioner was with petitions for derivative citizenship on behalf of her three minor children.
given the name "Mary Grace Natividad Contreras Militar." o 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
 When petitioner was five years old, spouses Ronald Allan Kelley Poe and Jesusa
her Philippine citizenship while her children are considered as citizens of
Sonora Poe filed a petition for her adoption with MTC. The trial court granted
the Philippines. Consequently, the BI issued Identification Certificates in
their petition and ordered that petitioner's name be changed from "Mary Grace
petitioner's name and in the names of her children.
Natividad Contreras Militar" to "Mary Grace Natividad Sonora Poe."
 Again, petitioner registered as a voter of Barangay Santa Lucia, San Juan City on 31
 The petitioner's adoptive mother discovered only sometime in the second half of
August 2006. She also secured from the DFA a new Philippine passport. This
2005 that the lawyer who handled petitioner's adoption failed to secure from the
passport was renewed on 18 March 2014.
OCR Iloilo a new Certificate of Live Birth indicating petitioner's new name and the
name of her adoptive parents. Without delay, petitioner's mother executed an  On 6 October 2010, President Aquino appointed petitioner as Chairperson of the
affidavit attesting to the lawyer's omission which she submitted to the OCR-Iloilo. MTRCB. Before assuming her post, petitioner executed an "Affidavit of
On 4 May 2006, OCR-Iloilo issued a new Certificate of Live Birth in the name of Renunciation of Allegiance to the United States of America and Renunciation of
Mary Grace Natividad Sonora Poe. American Citizenship" before a notary public in Pasig City on 20 October 2010, in
satisfaction of the legal requisites stated in Section 5 of R.A. No. 9225. The
 On 27 July 1991, petitioner married Teodoro Misael Daniel V. Llamanzares, a
following day, 21 October 2010 petitioner submitted the said affidavit to the BI and
citizen of both the Philippines and the U.S in San Juan City. Desirous of being with
took her oath of office as Chairperson of the MTRCB. From then on, petitioner
her husband who was then based in the U.S., the couple flew back to the U.S. two
stopped using her American passport.
days after the wedding ceremony.
 Subsequently, the petitioner executed before the Vice Consul of the U.S. Embassy material misrepresentation in her COC. She is not qualified for the elective
in Manila an "Oath/Affirmation of Renunciation of Nationality of the United position of President of the Republic of the Philippines. MR Denied.
States." She accomplished a sworn questionnaire before the U.S. Vice Consul  Thus, petitioner instituted the present petitions for certiorari.
wherein she stated that she had taken her oath as MTRCB Chairperson with the
intent, among others, of relinquishing her American citizenship. Petitioner also RULING: Petition granted. The Resolutions are hereby ANNULED and SET ASIDE.
stated that she had resided outside of the U.S., specifically in the Philippines, from Petitioner MARY GRACE NATIVIDAD SONORA POE-LLAMANZARES is
3 September 1968 to 29 July 1991 and from May 2005 to present. DECLARED QUALIFIED to be a candidate for President in the National and Local
o On 9 December 2011, the U.S. Vice Consul issued to petitioner a "Certificate Elections of 9 May 2016.
of Loss of Nationality of the United States" effective 21 October 2010.
 On 2 October 2012, the petitioner filed with the COMELEC her COC for Whether the COC of the petitioner should be denied due course or cancelled on
Senator for the 2013 Elections wherein she answered "6 years and 6 months" the “exclusive ground” that she made in the certificate a false material
to the question "Period of residence in the Philippines before May 13, 2013." representation – NO.
She garnered the highest number of votes.  The exclusivity of the ground should hedge in the discretion of the COMELEC
 On 15 October 2015, petitioner filed her COC for the Presidency for the May and restrain it from going into the issue of the qualifications of the candidate for
2016 Elections. In her COC, the petitioner declared that she is a natural-born the position, if, as in this case, such issue is yet undecided or undetermined by the
citizen and that her residence in the Philippines up to the day before 9 May proper authority.
2016 would be 10 years and 11 months counted from 24 May 2005.  The COMELEC cannot itself, in the same cancellation case, decide the
 Petitioner's filing of her COC for President in the upcoming elections triggered the qualification or lack thereof of the candidate.
filing of several COMELEC cases against her which were the subject of these  Not any one of the enumerated powers of the COMELEC approximate the
consolidated cases (only summary of arguments included). exactitude of the provisions of Article VI, Section 17 of the same basic law stating
o Origin of Petition for Certiorari in G.R. No. 221697 that:
 Elamparo filed a petition to deny due course or cancel said COC. Petitioner o The Senate and the House of Representatives shall each have an Electoral
allegedly committed material misrepresentation when she stated in her COC that Tribunal which shall be the sole judge of all contests relating to the election,
she is a natural-born Filipino citizen and that she is a resident of the Philippines returns, and qualifications of their respective Members. Each Electoral
for at least 10 years and 11 months up to the day before the 9 May 2016 elections. Tribunal shall be composed of nine Members, three of whom shall be Justices
 COMELEC Second Division: Found that petitioner's COC, filed for the of the Supreme Court to be designated by the Chief Justice, and the remaining
purpose of running for the President of the Republic of the Philippines in the 9
six shall be Members of the Senate or the House of Representatives, as the
May 2016 National and Local Elections, contained material representations which
are false. MR denied. case may be, who shall be chosen on the basis of proportional representation
o Origin of Petition for Certiorari in G.R. Nos. 221698-700 from the political parties and the parties or organizations registered under the
 This case stemmed from three separate petitions filed by Tatad, Contreras and party-list system represented therein. The senior Justice in the Electoral
Valdez against petitioner before the COMELEC which were consolidated and Tribunal shall be its Chairman.
raffled to its First Division. or of the last paragraph of Article VII, Section 4 which provides that:
 In his petition to disqualify petitioner under Rule 25 of the COMELEC Rules of o The Supreme Court, sitting En Banc, shall be the sole judge of all contests
Procedure, Tatad alleged that petitioner lacks the requisite residency and relating to the election, returns, and qualifications of the President or Vice
citizenship to qualify her for the Presidency. President, and may promulgate its rules for the purpose.
 Valdez alleged that her repatriation under R.A. No. 9225 did not bestow upon her
 The tribunals which have jurisdiction over the question of the qualifications of the
the status of a natural-born citizen. Former natural-born citizens who are
repatriated under the said Act reacquires only their Philippine citizenship and will President, the Vice-President, Senators and the Members of the House of
not revert to their original status as natural-born citizens. Representatives was made clear by the Constitution.
 Contreras' petition limited the attack to the residency issue. Petitioner’s COC o The Senate and the House of Representatives shall each have an Electoral
should be cancelled on the ground that she did not possess the ten-year period of Tribunal which shall be the sole judge of all contests relating to the election,
residency required for said candidacy. The reckoning period for computing returns, and qualifications of their respective Members (Article VI, Section 17).
petitioner's residency in the Philippines should be from 18 July 2006, the date o The Supreme Court, sitting en bane, shall be the sole judge of all contests
when her petition to reacquire Philippine citizenship was approved by the BI. relating to the election, returns, and qualifications of the President or Vice
 COMELEC First Division: Found that petitioner is not a natural-born citizen; President (Article VII, Section 4).
she failed to complete the ten-year residency requirement; and she committed o Such power is not one of those enumerated in the powers and functions
granted to the COMELEC in Article IX-C, Section 2.
 Rule 25 of the COMELEC Rules of Procedure thus requires that to disqualify a than ample probability if not statistical certainty, that petitioner's parents are
candidate there must be a declaration by a final judgment of a competent court that the Filipinos.
candidate sought to be disqualified "is guilty of or found by the Commission to be
suffering from any disqualification provided by law or the Constitution." Legislation
 As a matter of law, foundlings are as a class, natural-born citizens. While the 1935
I. AS TO BIRTH Constitution's enumeration is silent as to foundlings, there is no restrictive language
which would definitely exclude foundlings either. Because of silence and ambiguity
Whether a foundling is a natural-born Filipino citizen – YES. in the enumeration with respect to foundlings, there is a need to examine the
 Argument of COMELEC: Since foundlings are not mentioned in the enumeration intent of the framers.
of citizens under the 1935 Constitution, they then cannot be citizens. As the  The Deliberation of the 1934 Constitutional Convention show that the framers
COMELEC stated in oral arguments, when petitioner admitted that she was a intended foundlings to be covered by the enumeration.
foundling, she said it all. (The Court opined that this statement borders on bigotry.) o Summary of deliberations as provided by Delegate Arugo: During the debates on this
o Oddly, in an effort at tolerance, the COMELEC, after saying that it cannot provision, Delegate Rafols presented an amendment to include as Filipino
rule that herein petitioner possesses blood relationship with a Filipino citizen citizens the illegitimate children with a foreign father of a mother who was a
when "it is certain that such relationship is indemonstrable," proceeded to say citizen of the Philippines, and also foundlings; but this amendment was
that "she now has the burden to present evidence to prove her natural filiation defeated primarily because the Convention believed that the cases, being too
with a Filipino parent." The fact is that petitioner's blood relationship with a few to warrant the inclusion of a provision in the Constitution to apply to
Filipino citizen is DEMONSTRABLE. The Court demonstrated this through them, should be governed by statutory legislation. Moreover, it was believed
circumstantial evidence, local legislation, and international law. that the rules of international law were already clear to the effect that
 At the outset, it must be noted that presumptions regarding paternity is neither illegitimate children followed the citizenship of the mother, and that
unknown nor unaccepted in Philippine Law (i.e. Family Code). Moreover, there is foundlings followed the nationality of the place where they were found,
more than sufficient evidence that petitioner has Filipino parents and is therefore a thereby making unnecessary the inclusion in the Constitution of the proposed
natural-born Filipino. Parenthetically, the burden of proof was on private amendment.
respondents to show that petitioner is not a Filipino citizen.  The record of the 1935, 1973, and 1987 Constitutions contain no intent or language
permitting discrimination against foundlings. On the contrary, all three
Circumstantial Evidence Constitutions guarantee the basic right to equal protection of the laws. All of them
 The factual issue is not who the parents of petitioner are, as their identities are exhort the State to render social justice.
unknown, but whether such parents are Filipinos. Under the Rules of Court,  Domestic laws on adoption also support the principle that foundlings are
evidence on collateral matters shall not be allowed, except when it tends in any Filipinos. These laws do not provide that adoption confers citizenship upon the
reasonable degree to establish the probability of improbability of the fact in issue. adoptee. Rather, the adoptee must be a Filipino in the first place to be adopted.
 The Solicitor General and the petitioner offered as evidence the official statistics The most basic of such laws is Article 15 of the Civil Code which provides that
from 1965 to 1975 from the PSA. The statistical probability that any child born in "[l]aws relating to family rights, duties, status, conditions, legal capacity of persons
the Philippines in that decade is natural-born Filipino was 99.83%. The census are binding on citizens of the Philippines even though living abroad." Adoption
statistics from Iloilo show that 99.62% of the population were Filipinos. deals with status, and a Philippine adoption court will have jurisdiction only if the
 Other circumstantial evidence of the nationality of petitioner's parents are the adoptee is a Filipino.
fact that she was abandoned as an infant in a Roman Catholic Church in Iloilo City.  R.A. No. 8043 entitled "An Act Establishing the Rules to Govern the Inter-
She also has typical Filipino features: height, flat nasal bridge, straight black hair, Country Adoption of Filipino Children and For Other Purposes" (otherwise
almond shaped eyes and an oval face. known as the "Inter-Country Adoption Act of 1995"), R.A. No. 8552, entitled "An
 The Rules also provide that there is a disputable presumption that things have Act Establishing the Rules and Policies on the Adoption of Filipino Children and
happened according to the ordinary course of nature and the ordinary habits of life. For Other Purposes" (otherwise known as the Domestic Adoption Act of 1998)
Thus, all of the foregoing evidence, that a person with typical Filipino features is and the Court's A.M. No. 02-6-02-SC or the "Rule on Adoption," all expressly refer
abandoned in Catholic Church in a municipality where the population of the to "Filipino children" and include foundlings as among Filipino children who may
Philippines is overwhelmingly Filipinos such that there would be more than a 99% be adopted.
chance that a child born in the province would be a Filipino, would indicate more
 Argument of COMELEC: The process to determine that the child is a foundling
leading to the issuance of a foundling certificate under these laws and the issuance
 of said certificate are acts to acquire or perfect Philippine citizenship which make  The Philippines has also ratified the UN Convention on the Rights of the Child
the foundling a naturalized Filipino at best. (UNCRC). Article 7 thereof imposes the following obligations on our country:
 This is erroneous. Under Article IV, Section 2 "Natural-born citizens are those who 1. The child shall be registered immediately after birth and shall have the right from
are citizens of the Philippines from birth without having to perform any act to birth to a name, the right to acquire a nationality and as far as possible, the right to
acquire or perfect their Philippine citizenship." know and be cared for by his or her parents.
o In the first place, "having to perform an act" means that the act must be 2. States Parties shall ensure the implementation of these rights in accordance with their
national law and their obligations under the relevant international instruments in this
personally done by the citizen. In this instance, the determination of foundling field, in particular where the child would otherwise be stateless.
status is done not by the child but by the authorities.
 In 1986, the country also ratified the 1966 International Covenant on Civil and
o Secondly, the object of the process is the determination of the whereabouts of
Political Rights (ICCPR). Article 24 thereof provide for the right of every child
the parents, not the citizenship of the child.
"to acquire a nationality:"
o Lastly, the process is certainly not analogous to naturalization proceedings to
acquire Philippine citizenship, or the election of such citizenship by one born  The common thread of the UDHR, UNCRC and ICCPR is to obligate the
of an alien father and a Filipino mother under the 1935 Constitution, which is Philippines to grant nationality from birth and ensure that no child is stateless. This
an act to perfect it. grant of nationality must be at the time of birth, and it cannot be accomplished by
the application of our present naturalization laws, Commonwealth Act No. 473, as
 In this instance, such issue is moot because there is no dispute that petitioner is a
amended, and R.A. No. 9139, both of which require the applicant to be at least
foundling, as evidenced by a Foundling Certificate issued in her favor. The Decree
eighteen years old.
of Adoption, which approved petitioner's adoption by spouses Poe, expressly refers
to Emiliano and Rosario Militar, as her "foundling parents," hence effectively  The principles found in two conventions, while yet unratified by the Philippines,
affirming petitioner's status as a foundling. are generally accepted principles of international law. The first is Article 14 of the
1930 Hague Convention on Certain Questions Relating to the Conflict of
International Law Nationality Laws, to wit:
A child whose parents are both unknown shall have the nationality
 Foundlings are likewise citizens under international law. Under the 1987 of the country of birth. If the child's parentage is established, its
Constitution, an international law can become part of the sphere of domestic law nationality shall be determined by the rules applicable in cases where the
either by transformation or incorporation. parentage is known.
o The transformation method requires that an international law be transformed A foundling is, until the contrary is proved, presumed to have been
into a domestic law through a constitutional mechanism such as local born on the territory of the State in which it was found.
legislation.  The second is the principle that a foundling is presumed born of citizens of the
o On the other hand, generally accepted principles of international law, by country where he is found, contained in Article 2 of the 1961 United Nations
virtue of the incorporation clause of the Constitution, form part of the laws of the Convention on the Reduction of Statelessness:
land even if they do not derive from treaty obligations. Generally accepted A foundling found in the territory of a Contracting State shall, in the absence of proof
principles of international law include international custom as evidence of a to the contrary, be considered to have been born within the territory of parents
general practice accepted as law, and general principles of law recognized by possessing the nationality of that State.
civilized nations.  While the Philippines is not a party to the 1930 Hague Convention, it is a signatory
 International customary rules are accepted as binding as a result from the to the Universal Declaration on Human Rights, Article 15(1) of which
combination of two elements: the established, widespread, and consistent practice effectively affirms Article 14 of the 1930 Hague Convention. Article 2 of the 1961
on the part of States; and a psychological element known as the opinion juris sive "United Nations Convention on the Reduction of Statelessness" merely "gives
necessitates (opinion as to law or necessity). effect" to Article 15(1) of the UDHR.
o Implicit in the latter element is a belief that the practice in question is rendered  Petitioner's evidence shows that at least sixty countries in Asia, North and South
obligatory by the existence of a rule of law requiring it. America, and Europe have passed legislation recognizing foundlings as its citizen.
 Universal Declaration of Human Rights ("UDHR") has been interpreted by 42 of those countries follow the jus sanguinis regime. Of the sixty, only 33 are parties
this Court as part of the generally accepted principles of international law and to the 1961Convention on Statelessness; 26 are not signatories to the Convention.
binding on the State. Article 15 thereof states: Also, the Chief Justice, at the 2 February 2016 Oral Arguments pointed out that in
1. Everyone has the right to a nationality. 166 out of 189 countries surveyed (or 87.83%), foundlings are recognized as
2. No one shall be arbitrarily deprived of his nationality nor denied the right to citizens. These circumstances, including the practice of jus sanguinis countries, show
change his nationality. that it is a generally accepted principle of international law to presume
 foundlings as having been born of nationals of the country in which the  Argument of COMELEC: Petitioner committed a falsehood when she put in the
foundling is found. spaces for "born to" in her application for repatriation under R.A. No. 9225 the
 Current legislation reveals the adherence of the Philippines to this generally names of her adoptive parents, and this misled the BI to presume that she was a
accepted principle of international law. In particular, R.A. No. 8552, R.A. No. 8042 natural-born Filipino. It has been contended that the data required were the names
and this Court's Rules on Adoption, expressly refer to "Filipino children." In all of of her biological parents which are precisely unknown.
them, foundlings are among the Filipino children who could be adopted.  This position disregards one important fact - petitioner was legally adopted. One of
 Likewise, it has been pointed that the DFA issues passports to foundlings. the effects of adoption is "to sever all legal ties between the biological parents and
Passports are by law, issued only to citizens. This shows that even the executive the adoptee, except when the biological parent is the spouse of the adoptee."
department, acting through the DFA, considers foundlings as Philippine citizens.  Under R.A. No. 8552, petitioner was also entitled to an amended birth certificate
 In sum, all of the international law conventions and instruments on the matter of "attesting to the fact that the adoptee is the child of the adopter(s)" and which
nationality of foundlings were designed to address the plight of a defenseless class certificate "shall not bear any notation that it is an amended issue." That law also
which suffers from a misfortune not of their own making. We cannot be restrictive requires that "[a]ll records, books, and papers relating to the adoption cases in the
as to their application if we are a country which calls itself civilized and a member files of the court, the DSWD, or any other agency or institution participating in the
of the community of nations. adoption proceedings shall be kept strictly confidential.”
 Therefore, the law allows petitioner to state that her adoptive parents were her
Whether petitioner’s repatriation in July 2006 under the provisions of R.A. 9225 birth parents as that was what would be stated in her birth certificate anyway. And
resulted in the reacquisition of natural-born citizenship – YES. given the policy of strict confidentiality of adoption records, petitioner was not
 Argument of COMELEC: Petitioner's repatriation in July 2006 under the obligated to disclose that she was an adoptee.
provisions of R.A. No. 9225 did not result in the reacquisition of natural-born  Clearly, to avoid a direct ruling on the qualifications of petitioner, which it cannot
citizenship. It reasoned that since the applicant must perform an act, what is make in the same case for cancellation of COC, it resorted to opinionatedness(?)
reacquired is not "natural-born" citizenship but only plain "Philippine citizenship." which is, moreover, erroneous. The whole process undertaken by COMELEC is
 The COMELEC's rule arrogantly disregards consistent jurisprudence on the matter wrapped in grave abuse of discretion.
of repatriation statutes in general and of R.A. No. 9225 in particular.
o Bengson III v. HRET: Moreover, repatriation results in the recovery of II. AS TO RESIDENCE [TOPIC]
the original nationality… [I]f he was originally a natural-born citizen
before he lost his Philippine citizenship, he will be restored to his former Whether petitioner has satisfied the residency requirement – YES.
status as a natural-born Filipino.  The Constitution requires presidential candidates to have ten years' residence in the
 The COMELEC construed the phrase "from birth" in the definition of natural Philippines before the day of the elections. Since the forthcoming elections will be
citizens as implying "that natural-born citizenship must begin at birth and remain held on 9 May 2016, petitioner must have been a resident of the Philippines prior
uninterrupted and continuous from birth." R.A. No. 9225 was obviously passed in to 9 May 2016 for ten years.
line with Congress' sole prerogative to determine how citizenship may be lost or  When petitioner immigrated to the U.S. in 1991, she lost her original domicile,
reacquired. Congress saw it fit to decree that natural-born citizenship may be which is the Philippines. There are three requisites to acquire a new domicile: (1)
reacquired even if it had been once lost. It is not for the COMELEC to disagree Residence or bodily presence in a new locality; (2) An intention to remain there;
with the Congress' determination. and (3) an intention to abandon the old domicile.
 More importantly, COMELEC's position that natural-born status must be  To successfully effect a change of domicile, one must demonstrate an actual
continuous was already rejected in Bengson, where the phrase "from birth" was removal or an actual change of domicile; a bona fide intention of abandoning the
clarified to mean at the time of birth: "A person who at the time of his birth, is a former place of residence and establishing a new one and definite acts which
citizen of a particular country, is a natural-born citizen thereof." correspond with the purpose. In other words, there must basically be animus
 Neither is "repatriation" an act to "acquire or perfect" one's citizenship. In Bengson, manendi coupled with animus non revertendi. The purpose to remain in or at the
this Court pointed out that there are only two types of citizens under the 1987 domicile of choice must be for an indefinite period of time; the change of residence
Constitution: natural-born citizen and naturalized, and that there is no third must be voluntary; and the residence at the place chosen for the new domicile must
category for repatriated citizens be actual.
 Petitioner presented voluminous evidence showing that she and her family
Whether petitioner committed a falsehood when she put in the spaced for “born abandoned their U.S. domicile and relocated to the Philippines for good. Basically,
to” in her application for repatriation the names of her adoptive parents – NO. evidence of the facts mentioned in the first part of this digest.
  COMELEC ruled that petitioner's claim of residence of 10 years and 11 months by
 Argument of COMELEC: There was no animus non-revertendi. The earliest date that 9 May 2016 in her 2015 COC was false because she put 6 years and 6 months as
petitioner could have started residence in the Philippines was in July 2006 when her "period of residence before May 13, 2013" in her 2012 COC for Senator (so if we
application under R.A. No. 9225 was approved by the BI. It cited jurisprudence, follow her 2013 COC, she would have been a resident for only 9 years in 2016).
which decree that the stay of an alien former Filipino cannot be counted until  As explained by petitioner in her verified pleadings, she misunderstood the date
he/she obtains a permanent resident visa or reacquires Philippine citizenship, a required in the 2013 COC as the period of residence as of the day she submitted
visa-free entry under a balikbayan stamp being insufficient. that COC in 2012. She said that she reckoned residency from April-May 2006
 The cases cited by the COMELEC are very different from petitioner’s situation. It which was the period when the U.S. house was sold and her husband returned to
is obvious that because of the sparse evidence on residence in the cases cited by the the Philippines. In that regard, she was advised by her lawyers in 2015 that
respondents, the Court had no choice but to hold that residence could be counted residence could be counted from 25 May 2005.
only from acquisition of a permanent resident visa or from reacquisition of  This explanation is bolstered by the change which the COMELEC itself introduced
Philippine citizenship. in the 2015 COC which is now "period of residence in the Philippines up to the
 In contrast, the evidence of petitioner is overwhelming and taken together leads to day before May 09, 2016." The COMELEC would not have revised the query if it
no other conclusion that she decided to permanently abandon her U.S. residence did not acknowledge that the first version was vague.
and permanently relocate to the Philippines and actually re-established her  That petitioner could have reckoned residence from a date earlier than the sale of
residence here on 24 May 2005. Indeed, coupled with her eventual application to her U.S. house and the return of her husband is plausible given the evidence that
reacquire Philippine citizenship and her family's actual continuous stay in the she had returned a year before. Such evidence, to repeat, would include her
Philippines over the years, it is clear that when petitioner returned on 24 May 2005 passport and the school records of her children.
it was for good.  It was grave abuse of discretion for the COMELEC to treat the 2012 COC as a
binding and conclusive admission against petitioner. It could be given in evidence
Balikbayan Issue against her, yes, but it was by no means conclusive. There is precedent after all
 In this connection, the COMELEC also took it against petitioner that she had where a candidate's mistake as to period of residence made in a COC was
entered the Philippines visa-free as a balikbayan. A closer look at R.A. No. 6768 as overcome by evidence.
amended, otherwise known as the "An Act Instituting a Balikbayan Program," o Romualdez-Marcos v. COMELEC: It is the fact of residence, not a statement
shows that there is no overriding intent to treat balikbayans as temporary visitors in a certificate of candidacy, which ought to be decisive in determining
who must leave after one year. Included in the law is a former Filipino who has whether or not an individual has satisfied the constitutions residency
been naturalized abroad and "comes or returns to the Philippines." The law qualification requirement.
institutes a balikbayan program "providing the opportunity to avail of the necessary  The COMELEC, by its own admission, disregarded the evidence that petitioner
training to enable the balikbayan to become economically self-reliant members of actually and physically returned here on 24 May 2005 not because it was false, but
society upon their return to the country" in line with the government's only because COMELEC took the position that domicile could be established only
"reintegration program." Obviously, balikbayans are not ordinary transients. from petitioner's repatriation under R.A. No. 9225 in July 2006. However, it does
 Given the law's express policy to facilitate the return of a balikbayan and help him not take away the fact that in reality, petitioner had returned from the U.S. and was
reintegrate into society, it would be an unduly harsh conclusion to say in absolute here to stay permanently, on 24 May 2005. When she claimed to have been a
terms that the balikbayan must leave after one year. That visa-free period is resident for 10 years and eleven 11 months, she could do so in good faith.
obviously granted him to allow him to re-establish his life and reintegrate himself  For another, it could not be said that petitioner was attempting to hide anything. A
into the community before he attends to the necessary formal and legal petition for quo warranto had been filed against her with the SET as early as
requirements of repatriation. And that is exactly what petitioner did - she August 2015. The event from which the COMELEC pegged the commencement
reestablished life here by enrolling her children and buying property while awaiting of residence, petitioner's repatriation in July 2006 under R.A. No. 9225, was an
the return of her husband and then applying for repatriation shortly thereafter. established fact to repeat, for purposes of her senatorial candidacy.
 No case similar to petitioner's, where the former Filipino's evidence of change in o Notably, on the statement of residence of 6 years and 6 months in the 2012
domicile is extensive and overwhelming, has as yet been decided by the Court. COC, petitioner recounted that this was first brought up in the media on 2
Petitioner's evidence of residence is unprecedented. There is no judicial June 2015 by Rep. Tobias Tiangco of the United Nationalist Alliance.
precedent that comes close to the facts of residence of petitioner. Petitioner appears to have answered the issue immediately, also in the press.
Respondents have not disputed petitioner's evidence on this point.
Non-conclusiveness of petitioner’s 2013 COC
 o Petitioner likewise proved that the 2012 COC was also brought up in the SET
petition for quo warranto. Her Verified Answer, which was filed on 1
September 2015, admitted that she made a mistake in the 2012 COC when she
put in 6 years and 6 months as she misunderstood the question and could have
truthfully indicated a longer period.
o Ugdoracion v. COMELEC: …the candidate's misrepresentation in his COC
must not only refer to a material fact (eligibility and qualifications for elective
office), but should evince a deliberate intent to mislead, misinform or hide a
fact which would otherwise render a candidate ineligible. It must be made with
an intention to deceive the electorate as to one's qualifications to run for
public office.

Conclusion
 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.
 It was arbitrary for the COMELEC to satisfy its intention to let the case fall under
the exclusive ground of false representation, to consider no other date than that
mentioned by petitioner in her COC for Senator.