EN BANC
G.R. No. 221697, March 08, 2016
MARY GRACE NATIVIDAD S. POE-LLAMANZARES, Petitioner, v. COMMISSION ON ELECTIONS AND ESTRELLA C. ELAMPARO, Respondents.
G.R. NOS. 221698-700
MARY GRACE NATIVIDAD S. POE-LLAMANZARES, Petitioner, v. COMMISSION ON ELECTIONS, FRANCISCO S. TATAD, ANTONIO P. CONTRERAS AND AMADO D. VALDEZ, Respondents.
VELASCO, JR., J.:
35. As a result of the untimely demise of her father, and her desire to be with and to comfort her grieving mother, Petitioner and her husband, sometime in the first quarter of 2005, decided to return to the Philippines for good. They consulted their children, who likewise expressed their wish to relocate permanently to the Philippines. The children also wanted to support their grandmother and Petitioner.
36. In 2004, petitioner had already resigned from her work in the U.S.A. and she never again sought employment there. In early 2005 Brian (Poe's son) and Hanna's (Poe's eldest daughter) schools in Virginia, U.S.A., were likewise notified that they would be transferring to Philippine schools for the next semester.
37. As early as March 2005, Petitioner and her husband began obtaining quotations and estimates from property movers regarding the total cost of relocating to Manila all of their household goods, furniture, and cars then in Virginia, U.S.A. One of these property movers was Victory Van International, a private freight forwarding company, with whom Petitioner and her husband had a series of email correspondence from 2005 to 2006. The spouses also intended to bring along their pet dog and they inquired with Philippine authorities on the procedure to accomplish this in August 2005.
38. On 24 May 2005, or shortly before the start ofthe academic year in the Philippines, Petitioner returned to the country. Her three (3) children also arrived in the country in the first half of 2005. Petitioner's husband, on the other hand, stayed in the U.S.A. to finish pending projects, and to arrange for the sale of the family home there.
39. After their arrival in the Philippines from the U.S.A., Petitioner and her children initially lived with Petitioner's mother in x x x San Juan City. The existing living arrangements at the house of Petitioner's mother even had to be modified to accommodate Petitioner and her children, Petitioner's mother also assigned to Petitioner her father's long-time driver, because Petitioner and her family would henceforth be based in the Philippines. Meanwhile, Petitioner and her children prepared for the start of the school year, with Brian and Hanna attending Philippine schools starting June 2005. x x x
40. Shortly after arriving in the Philippines, Petitioner immediately submitted hers lf to the local tax jurisdiction by registering and securing a TIN from the BIR.
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42. In the meantime, in the second half of 2005, Petitioner and her husband had acquired Unit 7F of One Wilson Place Condominium (and its corresponding parking slot), located at x x x San Juan, Metro Manila, to be used as the family's temporary residence.42.1 On 20 February 2006, the Register of Deeds for San Juan City issued to Petitioner and her husband CCT No. x x x covering Unit 7F of One Wilson Place, and CCT No. x x x covering the parking slot for Unit 7F.
42.2 On 25 April 2006, Unit 7F of One Wilson Place and its corresponding parking slot were declared, for real estate tax purposes, in Petitioner's and her husband's names.
42.3 Petitioner and her family lived at One Wilson Place until the completion of their family home at Corinthian Hills, Quezon City. x x x
43. On 14 February 2006, Petitioner briefly travelled to the U.S.A. for the purpose of supervising the disposal of some of the family's remaining household belongings. Around this time, Petitioner's and her family's furniture and other household goods were still in the process of being packed for collection, storage and eventual transport to the Philippines. Petitioner donated to the Salvation Army some of the family's personal properties which could no longer be shipped to the Philippines. Petitioner returned to the Philippines shortly after, or on 11 March 2006.
44. In late March 2006, petitioner's husband officially informed the United States Postal Service of the family's change, and abandonment, of their former address in the U.S.A. The family home in the U.S.A. was eventually sold on 27 April 2006.
45. In April 2006, Petitioner's husband resigned from his work in the U.S.A., and on 4 May 2006, he returned to the Philippines. Beginning July 2006, he worked in the Philippines for a major Philippine company.
46. Meanwhile, in early 2006, Petitioner and her husband acquired a vacant 509-square meter lot at x x x Corinthian Hills, Bagong Ugong Norte, Quezon City (the "Corinthian Hills Lot") where her family could finally establish their new family home.
46.1 On 1 June 2006, the Register of Deeds for Quezon City issued to Petitioner and her husband Transfer Certificate of Title ("TCT") No. 290260 covering the Corinthian Hills Lot.
46.2 Petitioner and her husband eventually built a house on the Corinthian Hills Lot. To this day, this house is their family home.
47. After Petitioner and her family settled themselves, she turned her attention to regaining her natural-born Filipino citizenship. She was advised that she could legally reacquire her natural-born Philippine citizenship by taking an oath of allegiance to the Republic of the Philippines, pursuant to the provision of R.A. No. 9225, otherwise known as the "Citizenship Retention and Re-Acquisition Act of 2003."
48. On July 7, 2006, Petitioner took her Oath of Allegiance to the Republic of the Philippines, as required under Section 3 of R.A. No. 9225, to wit: x x x
49. On 10 July 2006, petitioner filed with the B.I. a sworn petition to reacquire her natural-born Philippine citizenship pursuant to R.A. No. 9225 and its implementing rules and regulations. Upon advice, and simultaneous with her own petition, petitioner filed petitions for derivative citizenship on behalf of her three children who were all below eighteen (18) years of age at that time. x x x
50. On 18 July 2006, the B.I. issued an Order granting Petitioner's applications x x x.
51. On 31 July 2006, the B.L issued Identification Certificates ("I.C.") in Petitioner's name and in the name of her three children x x x.
52. On 31 August 2006, the COMELEC registered Petitioner as a voter at Barangay Santa Lucia, San Juan City.
53. On 13 October 2009, or over two (2) years before her U.S.A. Passport was set to expire (on 18 December 2011), Petitioner secured from the DFA her new Philippine Passport with No. x x x (which was valid until 12 October 2014).
54. On 6 October 2010, President Benigno S. Aquino III appointed Petitioner as Chairperson of the MTRCB, a post which requires natural-born Philippine citizenship. Petitioner did not accept the appointment immediately, because she was advised that before assuming any appointive public office, Section 5(3), R.A. No. 9225 required her to: (a) take an Oath of Allegiance to the Republic of the Philippines; and (b) renounce her U.S.A. citizenship. She complied with the requirements before assuming her posts as MTRCB Chairperson on 26 October 2010.
55. On 20 October 2010, Petitioner executed before a notary public in Pasig City an "Affidavit of Renunciation of Allegiance to the United States of America and Renunciation of American Citizenship" of even date. x x x
56. On 21 October 2010, in accordance with Presidential Decree No. 1986 and Section 5 (3) of R.A. No. 9225, Petitioner took her oath of office as Chairperson of the MTRCB, before President Benigno S. Aquino III. x x x
57. To ensure that even under the laws of the U.S.A., she would no longer be considered its citizen, Petitioner likewise renounced her U.S.A. citizenship in accordance with the laws of that country. However, Petitioner was not legally required under Philippine law to make another renunciation, as her earlier renunciation of U.S.A. citizenship on October 20, 2010 was sufficient to qualify her for public office.
57.1 On 12 July 2011, Petitioner executed before the Vice Consul at the U.S.A. Embassy in Manila, an Oath/Affirmation of Renunciation ofNationality ofthe United States.
57.2. On the same day, Petitioner accomplished a sworn "Questionnaire" before the U.S. Vice Consul, wherein she stated that she had taken her oath as MTRCB Chairperson on 21 October 2010, with the intent, among others, of relinquishing her U.S.A. citizenship.
57.3 In the same Questionnaire, Petitioner stated that she had resided "Outside of the United States," i.e., in the "Philippines," from 3 September 1968 to 29 July 1991 and from "05 2005" to "Present.": On page 4 of the Questionnaire, Petitioner stated:I became a resident of the Philippine once again since 2005. My mother still resides in the Philippines. My husband and I are both employed and own roperties in the Philippines. As a dual citizen (Filipino-American) since 2006, I've voted in two Philippine national elections. My three children study and reside in the Philippines at the time I performed the act as described in Part I item 6.
58. On 9 December 2011, the U.S.A. Vice Consul issued to petitioner a "Certificate of Loss of Nationality of the United States." Said Certificate attests that under U.S.A. laws, Petitioner lost her U.S.A. citizenship effective 21 October 2010, which is when she took her oath of office as MTRCB Chairperson. This fact is likewise reflected on the last page ofPetit oner:s former U.S.A. Passport.
59. On 27 September 2012, Petitioner accomplished her COC for Senator, which she filed with the COMELEC on 2 October 2012. Section 12 of the COC was, agam, an affirmation of the Oath of
Allegiance to the Republic of the Philippines which Petitioner had taken on 7 July 2006 (and which she had reaffirmed on 2.1 October 2010 when she took her oath of office as MTRCB Chairperson). x x x
60. During the 13 May 2013 National Elections, petitioner ran for and was overwhelmingly elected as Senator. She garnered over 20 million votes, the highest among her fellow Senatorial candidates, and a record in Philippine election history. On 16 May 2013, Petitioner was proclaimed Senator of the Republic of the Philippines.
61. On 19 December 2013, the DFA issued to Sen. Poe Diplomatic Passport No. x x x (valid until December 2018), and on 18 March 2014, the DFA issued in her favor Philippine Passport No. x x x. Like her earlier Philippine passports, these two (2) most recent passports uniformly state that Sen. Poe is a "citizen of the Philippines."
62. On 15 October 2015, Sen. Poe filed with COMELEC her COC as President ("COC for President") in the 9 May 2016 national and local elections. In her COC, she stated that she is a "NATURAL-BORN FILIPINO CITIZEN" and that her "RESIDENCE IN THE PHILIPPINES UP TO THE DAY BEFORE MAY 09, 2016" would be "10" years and "11" months (counted from 24 May 2005).
But it is clear from the facts that Quezon City was Jalosjos' domicile of origin, the place of his birth. It may be taken for granted that he effectively changed his domicile from Quezon City to Australia when he migrated there at the age of eight, acquired Australian citizenship, and lived in that country for 26 years. Australia became his domicile by operation of law and by choice.
On the other hand, when he came to the Philippines in November 2008 to live with his brother in Zamboanga Sibugay, it is evident that Jalosjos did so with intent to change his domicile for good. He left Australia, gave up his Australian citizenship, and renounced his allegiance to that country. In addition, he reacquired his old citizenship by taking an oath of allegiance to the Republic of the Philippines, resulting in his being issued a Certificate of Reacquisition of Philippine Citizenship by the Bureau of Immigration. By his acts, Jalosjos forfeited his legal right to live in Australia, clearly proving that he gave up his domicile there. And he has since lived nowhere else except in Ipil, Zamboanga Sibugay.
To hold that Ja!osjos has not establish a new domicile in Zamboanga Sibugay despite the loss of his domicile of origin (Quezon City) and his domicile of choice and by operation of law (Australia) would violate the settled maxim that a man must have a domicile or residence somewhere.11
Section 1. The following are citizens of the Philippines:
- Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.
- Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.
- Those whose fathers are citizens of the Philippines.
- Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.
- Those who are naturalized in accordance with law.
Endnotes:
1 Black's Law Dictionary, 9th Ed., for the iPhone/iPad/iPod touch. Version 2.1.2 (B13195), p. 883 citing John Salmond, Jurisprudence 378 (Glanville L. Williams ed., 10th ed. 1947).
2 G.R. No. 191938, July 2, 2010 and October 19,2010.
3 G.R. No. 193261, April 24, 2012.
4Mitra, supra.
5 Justice Del Castillo's Opinion.
6Gallego v. Vera, 73 Phil. 453, 459 ( 1941 ); cited in Fernandez v. HRET, G.R. No. 187478, December 21, 2009.
7 G.R. No. 151914, July 31,2002.385 SCRA 607.
8 G.R. No. 209835, September 22, 2015.
9 G.R. No. 180088, January 19, 2009, 596 SCRA 354.
10 G.R. No. 191970, April24, 2012.
11 Emphasis supplied.
12 G.R. No. 207264, June 25,2013,699 SCRA 522.
13 Regina 0. Reyes- admitted in her submissions under oath before the COMELEC in SPA 13-053 that RA 9225 does not apply to her as she claims to be a dual citizen of the United States of America and the Philippines by virtue of her marriage to a US citizen. Belatedly, Reyes attempted to show that she availed of RA 9225, in a volte face, before the Court in G.R. No. 207264, entitled Reyes v. COMELEC, by presenting a questionable Identification Certificate allegedly issued by the Bureau of Immigration.
14 Per the interpellation of Delegate Ruperto Montinola.