Tecson v. Commission on Elections: The Citizenship Controversy of Fernando Poe Jr.

EN BANC

DECISION

Citizenship is a treasured right conferred on those whom the state believes are deserving of the privilege. It is a "precious heritage, as well as an inestimable acquisition," that cannot be taken lightly by anyone - either by those who enjoy it or by those who dispute it.

Before the Court are three consolidated cases, all of which raise a single question of profound importance to the nation. The issue of citizenship is brought up to challenge the qualifications of a presidential candidate to hold the highest office of the land. Our people are waiting for the judgment of the Court with bated breath. Is Fernando Poe, Jr., the hero of silver screen, and now one of the main contenders for the presidency, a natural-born Filipino or is he not?

The moment of introspection takes us face to face with Spanish and American colonial roots and reminds us of the rich heritage of civil law and common law traditions, the fusion resulting in a hybrid of laws and jurisprudence that could be no less than distinctly Filipino.

Antecedent Case Settings

On thirty-one December two thousand three, respondent Ronald Allan Kelly Poe, also known as Fernando Poe, Jr. (hereinafter "FPJ"), filed his certificate of candidacy for the position of President of the Republic of the Philippines under the Koalisyon ng Nagkakaisang Pilipino (KNP) Party, in the forthcoming national elections. In his certificate of candidacy, FPJ, representing himself to be a natural-born citizen of the Philippines,

stated his name to be "Fernando Jr.", or "Ronald Allan" Poe, his date of birth to be twenty August nineteen thirty-nine and his place of birth to be Manila.

Victorino X. Fornier, petitioner in G.R. No. sixteen hundred eighty-one eight hundred twenty-four, entitled "Victorino X. Fornier, Petitioner, versus Hon. Commission on Elections and Ronald Allan Kelley Poe, also known as Fernando Poe, Jr., Respondents," initiated, on nine January two thousand four, a petition docketed SPA No. four dash zero zero three before the Commission on Elections ("COMELEC") to disqualify FPJ and to deny due course or to cancel his certificate of candidacy upon the thesis that FPJ made a material misrepresentation in his certificate of candidacy by claiming to be a natural-born Filipino citizen when in truth, according to Fornier, his parents were foreigners; his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, being the son of Lorenzo Pou, a Spanish subject. Granting, petitioner asseverated, that Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino citizenship to FPJ, the latter being an illegitimate child of an alien mother. Petitioner based the allegation of the illegitimate birth of respondent on two assertions - first, Allan F. Poe contracted a prior marriage to a certain Paulita Gomez before his marriage to Bessie Kelley and, second, even if no such prior marriage had existed, Allan F. Poe, married Bessie Kelly only a year after the birth of respondent.

In the hearing before the Third Division of the COMELEC on nineteen January two thousand four, petitioner, in support of his claim, presented several documentary exhibits - one, a copy of the certificate of birth of FPJ, two, 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, three, an English translation of the affidavit aforesaid, four, a certified photocopy of the certificate of birth of Allan F. Poe, five, a certification issued by the Director of the Records Management and Archives Office, attesting to the fact that there was no record in the National Archives that a Lorenzo Poe or Lorenzo Pou resided or entered the Philippines before nineteen hundred seven, and six, 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.

On his part, respondent, presented twenty-two documentary pieces of evidence, the more significant ones being - a) a certification issued by Estrella M. Domingo of the Archives Division of the National Archives that there appeared to be no available information regarding the birth of Allan F. Poe in the registry of births for San Carlos, Pangasinan, b) a certification issued by the Officer-In-Charge of the Archives Division of the National Archives that no available information about the marriage of Allan F. Poe and Paulita Gomez could be found, c) a certificate of birth of Ronald Allan Poe, d) Original Certificate of Title Number P-two two four seven of the Registry of Deeds for the Province of Pangasinan, in the name of Lorenzo Pou, e) copies of Tax Declaration Number two zero eight forty-four, Number two zero six forty-three, Number two three four seventy-seven and Number two three four seventy-eight in the name of Lorenzo Pou, f) a copy of the certificate of death of Lorenzo Pou, g) a copy of the purported marriage contract between Fernando Pou and Bessie Kelley, and h) a certification issued by the City Civil Registrar of San Carlos City, Pangasinan, stating that the records of birth in the said office during the period of from nineteen hundred until May nineteen forty-six were totally destroyed during World War Two.

On twenty-three January two thousand four, the COMELEC dismissed SPA Number four dash zero zero three for lack of merit. Three days later, or on twenty-six January two thousand four, Fornier filed his motion for reconsideration. The motion was denied on six February two thousand four by the COMELEC en banc. On ten

February two thousand four, petitioner assailed the decision of the COMELEC before this Court conformably with Rule sixty-four, in relation to Rule sixty-five, of the Revised Rules of Civil Procedure. The petition, docketed G.R. Number sixteen hundred eighty-one eight hundred twenty-four, likewise prayed for a temporary restraining order, a writ of preliminary injunction or any other resolution that would stay the finality and/or execution of the COMELEC resolutions.

The other petitions, later consolidated with G.R. Number sixteen hundred eighty-one four hundred thirty-four, would include G.R. Number sixteen hundred eighty-one six hundred thirty-four, entitled "Zoilo Antonio G. Velez, versus Ronald Allan Kelley Poe, a.k.a. Fernando Poe, Jr.", both challenging the jurisdiction of the COMELEC and asserting that, under Article seven, Section four, paragraph seven, of the nineteen eighty-seven Constitution, only the Supreme Court had original and exclusive jurisdiction to resolve the basic issue on the case.