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Grace Poe, also known as Mary Grace Poe Llamanzares, was born
September 3, 1968. Poe was abandoned at birth in Iloilo and was later adopted by
Fernando Poe, Jr. and his wife Susan Roces. At the time of Poes birth, the 1987
Philippine Constitution has not yet been enacted. Hence, it is the 1935 Philippine
Constitution which provides for the qualifications of a Filipino citizen.
Sec. 1, Article IV of the 1935 Philippine Constitution states that:
The following are citizens of the Philippines:
(1) Those who are citizens of the Philippine Islands at the time of the adoption of
this Constitution.
(2) 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.
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age
of majority, elect Philippine citizenship.
(5) Those who are naturalized in accordance with law.
Fornier vs. Comelec and Poe Jr., G.R. No. 161824, all promulgated on March 3,
2004 which concluded that Fernando Poe Jr. is a natural-born Filipino citizen.
And the Constitution did not specify as regards the kind of father (biological
or adoptive) it refers to. Under the principles of statutory construction, when the
law does not distinguish, neither should we. Hence, pursuant to paragraph 3,
section 1, Article IV of the 1935 Constitution, Grace Poe is a Filipino citizen.
On the question as to whether Grace Poe is a natural-born Filipino citizen,
Sec. 2, Article IV of the 1987 Constitution of the Philippines provides:
SECTION 2. 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.
1. States Parties undertake to respect the right of the child to preserve his or her
identity, including nationality, name and family relations as recognized by law
without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her
identity, States Parties shall provide appropriate assistance and protection, with a
view to re-establishing speedily his or her identity.
Sources:
http://www.ohchr.org/en/professionalinterest/pages/crc.aspx
The 1935 Philippine Constitution
The 1987 Philippine Constitution