8. David v. SET and Poe-Llamanzares of Jaro, Iloilo just to give birth and leave her offspring there.

Though
Sep. 20, 2016 | Leonen, J. | Substantial Evidence and proof of ethnicity is unnecessary, her physical features nonetheless
Circumstantial Evid attest to it. Also, statistically, out of the 900,165 recorded births in the
PETITIONER: RIZALITO Y. DAVID Philippines in 1968, only 1,595 or 0.18% newborns were foreigners. This
RESPONDENTS: SENATE ELECTORAL TRIBUNAL and MARY translates to roughly 99.8% probability that private respondent Poe was
GRACE POE-LLAMANZARES born a Filipino citizen. Therefore, this is enough to prove that Poe is a
SUMMARY: Senator Poe is a foundling whose biological parents are natural-born citizen.
unknown. She was later adopted by Fernando Poe, Jr. and Susan Roces. DOCTRINE: The degree of proof required in proceedings before a quasi-
She married Teodoro Misael Daniel V. Llamanzares, both an American judicial body is not absolute certainty, not proof beyond reasonable doubt
and Filipino national since birth and moved to the US but came back to or preponderance of evidence, but "substantial evidence, or that amount
the Philippines when her father ran for President and again later when he of relevant evidence which a reasonable mind might accept as
was hospitalized and died. She re-acquired her Philippine citizenship and adequate to justify a conclusion."
took an oath of allegiance. She ran for Senate and won while David lost.
Hence, David filed a Petition for Quo Warranto claiming that Poe was not FACTS:
a natural-born citizen and, therefore, not being qualified to hold such
office under Article VI, Section 3 of the 1987 Constitution. 1. This is a Petition for Certiorari filed by Rizalito Y. David (David).
ISSUE: Whether it is proven that Sen. Grace Poe is a natural-born citizen He prays for the nullification of the Decision and Resolution of
of the Philippines – YES Senate Electoral Tribunal (SET) which dismissed the Petition for
Before a quasi-judicial body such as the SET, the quantum of proof Quo Warranto filed by David to unseat private respondent Mary
needed is that of substantial evidence. Her citizenship was proven Grace Poe-Llamanzares as a Senator for allegedly not being a
through circumstantial evidence because even if it is used in criminal natural-born citizen of the Philippines and, therefore, not being
proceedings, this Court has nevertheless sustained the use of qualified to hold such office under Article VI, Section 3 of the
circumstantial evidence in other proceedings. There is no rational basis 1987 Constitution.
for making the use of circumstantial evidence exclusive to criminal
proceedings and for not considering circumstantial facts as valid means 2. Senator Mary Grace Poe-Llamanzares (Senator Poe) is a foundling
for proof in civil and/or administrative proceedings in lieu of direct whose biological parents are unknown. As an infant, she was
evidence. Poe was found as a newborn infant outside the Parish Church of abandoned at the Parish Church of Jaro, Iloilo. Edgardo Militar
Jaro, Iloilo on September 3, 1968. In 1968, Iloilo, as did most — if not all found her outside the church and later turned her over to Mr. and
— Philippine provinces, had a predominantly Filipino population. Poe Mrs. Emiliano Militar who reported to the Office of the Local Civil
is described as having "brown almond-shaped eyes, a low nasal bridge, Registrar that the infant was found. She was given the name Mary
straight black hair and an oval-shaped face." She stands at 5 feet and Grace Natividad Contreras Militar. The Local Civil Registrar
2 inches tall. Further, in 1968, there was no international airport in issued a Certificate of Live Birth/Foundling Certificate. She was
Jaro, Iloilo. These circumstances are substantial evidence justifying later adopted by Fernando Poe, Jr. and Susan Roces. The
an inference that her biological parents were Filipino. Her Municipal Court of San Juan, Rizal promulgated the Decision
abandonment at a Catholic Church is more or less consistent with how a granting the Petition for Adoption and change of name. The Office
Filipino who, in 1968, lived in a predominantly religious and Catholic of Civil Registrar-Iloilo received the Decision. This hand-written
environment, would have behaved. The absence of an international notation appears on Senator Poe's foundling certificate: “Adopted
airport in Jaro, Iloilo precludes the possibility of a foreigner mother, child by the Spouses Ronald Allan Poe and Jesusa Sonora Poe as
along with a foreigner father, swiftly and surreptitiously coming in and out per Court Order, Mun. Court, San Juan, Rizal, by Hon. Judge
 Alfredo M. Gorgonio dated May 13, 1974, under Sp. Proc. No. 9. In 2004, Senator Poe (“Poe” onwards) resigned from work in the
138.” US. She never looked for work again in the United States.

3. Senator Poe became a registered voter in Greenhills, San Juan, 10. Poe decided to return home in 2005 along with her family.
Metro Manila when she turned 18 years old. The Commission on Following her return, Poe was issued by the BIR a TIN.
Elections issued her a Voter's Identification Card in Greenhills,
San Juan, Metro Manila on December 13, 1986. 11. On July 7, 2006, Senator Poe took the Oath of Allegiance to the
Republic of the Philippines, filed a Petition for Retention and/or
4. On April 4, 1988, the Department of Foreign Affairs issued her a Re-acquisition of Philippine Citizenship and also "filed
Philippine passport. Her passport was renewed 5 times after. applications for derivative citizenship on behalf of her three
Having become Senator, she was also issued a Philippine children who were all below 18 at that time." The Petition was
diplomatic passport on December 19, 2013. granted by the Bureau of Immigration and Deportation in an order
which says that she is “presumed to be a natural born Philippine
5. Senator Poe took Development Studies at the University of the citizen” and reacquired her citizenship.
Philippines, Manila, but eventually went to the United States in
1988 to obtain her college degree. In 1991, she earned a bachelor's 12. She made several trips to the US after, using her passport after
degree in Political Science from Boston College, Chestnut Hill, taking her Oath of Allegiance.
Massachusetts.
13. Senator Poe decided to run as Senator in the 2013 Elections. She
6. Senator Poe married Teodoro Misael Daniel V. Llamanzares, both won. David, a losing candidate in the 2013 Senatorial Elections,
an American and Filipino national since birth in Sanctuario de San filed before the Senate Electoral Tribunal a Petition for Quo
Jose Parish, San Juan, Manila. Sen. Poe returned to the US with Warranto contesting the election of Senator Poe for failing to
her husband. For some time, she lived with her husband and "comply with the citizenship and residency requirements mandated
children in the US. Sen. Poe and her husband had 3 children: Brian by the 1987 Constitution."
Daniel (Brian), Hanna MacKenzie (Hanna), and Jesusa Anika ISSUE:
(Anika). Brian was born in the US, while Hanna asnd Anika were 1. Whether it is proven that Sen. Grace Poe is a natural-born citizen
born in the Philippines. of the Philippines – YES
RATIO:
7. Senator Poe was naturalized and granted American citizenship and 1. The degree of proof required in proceedings before a quasi-judicial
was subsequently given a United States passport. Fernando Poe, body is not absolute certainty, not proof beyond reasonable doubt
Jr., ran for President in 2004 and to support her father, Sen. Poe or preponderance of evidence, but "substantial evidence, or that
and Hanna returned to the Philippines. After the Elections, she amount of relevant evidence which a reasonable mind might
returned to the US where she gave birth to Anika. accept as adequate to justify a conclusion." Therefore, the
degree of proof needed before the Senate Electoral Tribunal is that
8. Fernando Poe, Jr. was hospitalized and "slipped into a coma." Sen. of substantial evidence.
Poe returned to the Philippines. She stayed in the country till her 2. David asserts that Poe is not a natural-born citizen and, therefore,
father died, attended his funeral and settled his estate. not qualified to sit as Senator of the Republic, chiefly on two (2)
grounds. First, he argues that as a foundling whose parents are
unknown, Poe fails to satisfy the jus sanguinis principle: that is,
 that she failed to establish her Filipino "blood line.” David also improbable, and by sheer economic cost, prohibitive. However, our
insists that as Poe was never a natural-born citizen, she could never evidentiary rules admit of alternative means for Poe to
have reverted to natural-born status despite the performance of acts establish her parentage. In lieu of direct evidence, facts may be
that ostensibly comply with Republic Act No. 9225, otherwise proven through circumstantial evidence.
known as the Citizenship Retention and Re-acquisition Act of
2003. 7. Direct evidence is that which proves the fact in
3. Though her parents are unknown, Poe is a Philippine citizen dispute without the aid of any inference or
without the need for an express statement in the Constitution presumption; while circumstantial evidence is the
making her so. The Constitution says “natural-born citizens” which proof of fact or facts from which, taken either singly
includes a reference to parentage. The pieces of evidence before or collectively, the existence of a particular fact in
the SET, admitted facts, and uncontroverted circumstances dispute may be inferred as a necessary or probable
adequately justify the conclusion of Poe's Filipino parentage. On consequence. (Suerte-Felipe v. People)
another level, the assumption should be that foundlings are 8. Circumstantial evidence is that which relates to a
natural-born unless there is substantial evidence to the series of facts other than the fact in issue, which by
contrary. This includes the mandate of defending the well-being experience have been found so associated with such
of children, guaranteeing equal protection of the law, equal access fact that in a relation of cause and effect, they lead
to opportunities for public service, and respecting human rights, as us to a satisfactory conclusion. (P v. Raganas)
well as its reasons for requiring natural-born status for select public 9. Rule 133, Section 4 of the Revised Rules on Evidence, for
offices. instance, stipulates when circumstantial evidence is sufficient to
4. Poe was a Filipino citizen at birth. This status' commencement justify a conviction in criminal proceedings
from birth means that Poe never had to do anything to consummate Section 4. Circumstantial evidence, when sufficient.—
this status. By definition, she is natural-born. Though subsequently Circumstantial evidence is sufficient for conviction if:
naturalized, she reacquired her natural-born status upon satisfying (a) There is more than one circumstances;
the requirement of Republic Act No. 9225. Accordingly, she is (b) The facts from which the inferences are derived are proven;
qualified to hold office as Senator of the Republic. and (c) The combination of all the circumstances is such as to
5. To determine whether Poe is a natural-born citizen, we must look produce a conviction beyond reasonable doubt.
into whether she had to do anything to perfect her citizenship. She 10. Although the Revised Rules on Evidence's sole mention of
did not. At no point has it been substantiated that Poe went through circumstantial evidence is in reference to criminal proceedings,
the actual naturalization process. There is no more straightforward this Court has nevertheless sustained the use of circumstantial
and more effective way to terminate this inquiry than this evidence in other proceedings. There is no rational basis for
realization of total and utter lack of proof. making the use of circumstantial evidence exclusive to criminal
6. The evidence Poe adduced in these proceedings attests to how at proceedings and for not considering circumstantial facts as valid
least one — if not both — of her biological parents were Filipino means for proof in civil and/or administrative proceedings.
citizens. Proving Poe's biological parentage is now practically 11. In criminal proceedings, circumstantial evidence suffices to
impossible. To begin with, she was abandoned as a newborn sustain a conviction (which may result in deprivation of life,
infant. She was abandoned almost half a century ago. By now, liberty, and property) anchored on the highest standard or proof
there are only a handful of those who, in 1968, were ableminded that our legal system would require, i.e. , proof beyond reasonable
adults who can still lucidly render testimonies on the doubt. If circumstantial evidence suffices for such a high standard,
circumstances of her birth and finding. Even the identification of so too may it suffice to satisfy the less stringent standard of
individuals against whom DNA evidence may be tested is proof in administrative and quasi-judicial proceedings such as
 those before the Senate Electoral Tribunal, i.e. substantial amounting to lack or excess of jurisdiction in rendering its assailed
evidence. November 17, 2015 Decision and December 3, 2015 Resolution.
12. Poe was found as a newborn infant outside the Parish Church of
Jaro, Iloilo on September 3, 1968. In 1968, Iloilo, as did most — if
not all — Philippine provinces, had a predominantly Filipino
population. Poe is described as having "brown almond-shaped
eyes, a low nasal bridge, straight black hair and an oval-
shaped face." She stands at 5 feet and 2 inches tall. Further, in
1968, there was no international airport in Jaro, Iloilo. These
circumstances are substantial evidence justifying an inference
that her biological parents were Filipino. Her abandonment at a
Catholic Church is more or less consistent with how a Filipino
who, in 1968, lived in a predominantly religious and Catholic
environment, would have behaved. The absence of an
international airport in Jaro, Iloilo precludes the possibility of
a foreigner mother, along with a foreigner father, swiftly and
surreptitiously coming in and out of Jaro, Iloilo just to give birth
and leave her offspring there. Though proof of ethnicity is
unnecessary, her physical features nonetheless attest to it.
13. Also, statistically, out of the 900,165 recorded births in the
Philippines in 1968, only 1,595 or 0.18% newborns were
foreigners. This translates to roughly 99.8% probability that private
respondent Poe was born a Filipino citizen.
14. David's claim that the burden of evidence shifted to Poe upon a
mere showing that she is a foundling is a serious error. In an action
for quo warranto, the burden of proof necessarily falls on the party
who brings the action and who alleges that the respondent is
ineligible for the office involved in the controversy. In proceedings
before quasi-judicial bodies such as the SET, the requisite quantum
of proof is substantial evidence. This burden was David's to
discharge. Once the petitioner makes a prima facie case, the burden
of evidence shifts to the respondent. The admitted status as a
foundling does not establish a prima facie case in favor of
petitioner. While it does establish that the identities of Poe's
biological parents are not known, it does not automatically mean
that neither her father nor her mother is a Filipino.
15. WHEREFORE, the Petition for Certiorari is DISMISSED. Public
respondent Senate Electoral Tribunal did not act without or in
excess of its jurisdiction or with grave abuse of discretion