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Tecson VS Comelec Digest

1. Petitioner filed a petition to disqualify Fernando Poe Jr. (FPJ) from the presidential election, arguing that FPJ misrepresented himself as a natural-born Filipino citizen when his parents were allegedly foreigners. 2. The Supreme Court dismissed the petition. It found that under the 1935 Constitution, FPJ derived Filipino citizenship from his father, even if alleged to be illegitimate. His father's citizenship traced back to his grandfather who was deemed a Filipino citizen. 3. While evidence did not conclusively establish FPJ as natural-born, it preponderated in his favor enough to not be guilty of material misrepresentation in his candidacy. The COMELEC's dismissal of

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778 views2 pages

Tecson VS Comelec Digest

1. Petitioner filed a petition to disqualify Fernando Poe Jr. (FPJ) from the presidential election, arguing that FPJ misrepresented himself as a natural-born Filipino citizen when his parents were allegedly foreigners. 2. The Supreme Court dismissed the petition. It found that under the 1935 Constitution, FPJ derived Filipino citizenship from his father, even if alleged to be illegitimate. His father's citizenship traced back to his grandfather who was deemed a Filipino citizen. 3. While evidence did not conclusively establish FPJ as natural-born, it preponderated in his favor enough to not be guilty of material misrepresentation in his candidacy. The COMELEC's dismissal of

Uploaded by

Izelle Fuentes
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TECSON VS COMELEC

GR NO 161824
Keyword FPJ, presidency

Doctrine CITIZENSHIP (Naturalization)

1. Ronald Allan Kelly Poe also known as Fernando Poe Jr. (FPJ) filed for presidential candidacy under Koalisyon ng
Nagkakaisang Pilipino Party (KNP). He represented himself to be a natural-born Filipino citizen in his certificate of
candidacy.

2. Petitioner, Victorino Fornier, filed for petition against FPJ’s disqualification on ground of material
misrepresentation as FPJ is not a natural-born Filipino citizen. He contends FPJ’s parents were foreigners. His
mother (Bessie Kelley) was an American while his father (Allan Poe) was a Spanish national and that he was an
illegitimate child of an alien mother. He presented several documents to support his claim:
1.) copy of the certificate of birth of FPJ,
2) a certified photocopy of an affidavit executed in Spanish by Paulita Poe y Gomez attesting to her having filed a case for
bigamy and concubinage against the father of respondent, Allan F. Poe, after discovering his bigamous relationship with Bessie
Kelley,
3) an English translation of the affidavit aforesaid,
4) a certified photocopy of the certificate of birth of Allan F. Poe,
Facts/ Brief 5) a certification issued by the Director of the Records Management and Archives Office, attesting to the fact that there was no
Synopsis record in the National Archives that a Lorenzo Poe or Lorenzo Pou resided or entered the Philippines before 1907, and
6) a certification from the Officer-In-Charge of the Archives Division of the National Archives to the effect that no available
information could be found in the files of the National Archives regarding the birth of Allan F. Poe.

3. FPJ was born on August 20, 1939 during the regime of the 1935 Constitution. Allan Poe was his father. Lorenzo
Pou was his grandfather. Lorenzo’s death certificate identified him as a Filipino. His citizenship was also drawn
from the presumption that having died in 1954 at the age of 84, Lorenzo would have been born in 1870. In the
absence of any other evidence, Lorenzo’s place of residence upon his death in 1954 was presumed to be the place of
residence prior his death, such that Lorenzo Pou would have benefited from the "en masse Filipinization" that the
Philippine Bill had effected in 1902. Being so, Lorenzo’s citizenship would have extended to his son, Allan.

4. As public documents, the death certificate of Lorenzo Pou, the marriage certificate of Allan F. Poe and Bessie
Kelly, and the birth certificate of FPJ, constitute prima facie proof of their contents.

WON Fernando Poe Jr. is a natural born Filipino;


Issue
WON alleged illegitimacy of FPJ prevents him from taking after the Filipino citizenship of his putative father
Ruling SC resolved to dismiss petition.
The 1935 Constitution, fundamental law prevailing on FPJ’s birth states that among the citizens of the
Philippines are “those whose fathers are citizens of the Philippines.”
SC in its exercise of judicial review, assails resolution of COMELEC for alleged grave abuse of discretion in
dismissing Fornier petition’s on FPJ’s disqualification on ground of material misrepresentation of himself as
a natural-born Filipino citizen.
In ascertaining if indeed there was grave abuse of discretion committed by COMELEC. It is necessary to take
on the matter of whether or not respondent FPJ is a natural-born citizen, which, in turn, depended on
whether or not the father of respondent, Allan F. Poe, would have himself been a Filipino citizen and, in the
affirmative, whether or not the alleged illegitimacy of respondent prevents him from taking after the Filipino
citizenship of his putative father.
That citizenship (of Lorenzo Pou), if acquired, would thereby extend to his son, Allan F. Poe, father of
respondent FPJ. The 1935 Constitution, during which regime respondent FPJ has seen first light, confers
citizenship to all persons whose fathers are Filipino citizens regardless of whether such children are legitimate
or illegitimate.
Totality of the evidence may not establish conclusively that respondent FPJ is a natural-born citizen of the
Philippines, the evidence on hand still would preponderate in his favor enough to hold that he cannot be held
guilty of having made a material misrepresentation in his certificate of candidacy in violation of Section 78, in
relation to Section 74, of the Omnibus Election Code.
Section 78 (Omnibus Election Code) - Petition to deny due course or to cancel a certificate of candidacy
Section 52 (Omnibus Election Code) - Powers and functions of the Commission on Elections.
Section 1, Art. 8 (Constitution) – judicial power of Supreme Court
Provisions Rule 12,13, 14 of the "Rules of the Presidential Electoral Tribunal" -Jurisdiction, How Initiated, Election Protest
Section 1, Art. 3 (1935 ) – jus sanguinis/ blood relationship as being basis of Filipino citizenship; "(3)Those whose
fathers or mothers are citizens of the Philippines.

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