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Philippine Citizenship Dispute

The Supreme Court ruled that: 1. It does not have jurisdiction to directly question the qualifications of a presidential candidate before elections based on the Constitution. 2. The Commission on Elections did not gravely abuse its discretion in dismissing petitions to disqualify presidential candidate FPJ based on claims of misrepresenting his citizenship. 3. While the evidence did not conclusively establish FPJ's natural-born citizenship, it still preponderated in his favor enough to not find him guilty of material misrepresentation in his candidacy.

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191 views1 page

Philippine Citizenship Dispute

The Supreme Court ruled that: 1. It does not have jurisdiction to directly question the qualifications of a presidential candidate before elections based on the Constitution. 2. The Commission on Elections did not gravely abuse its discretion in dismissing petitions to disqualify presidential candidate FPJ based on claims of misrepresenting his citizenship. 3. While the evidence did not conclusively establish FPJ's natural-born citizenship, it still preponderated in his favor enough to not find him guilty of material misrepresentation in his candidacy.

Uploaded by

REGINNS JUMILLA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Maria Jeanette C. Tecson and Felix B. Desiderio, Petitioner, v. COMELEC, FPJ and Victorino X.

Fornier
(G.R. No. 161434, March 3, 2004).
G.R. No. 161634 March 3, 2004
Zoilo Antonio Velez vs.FPJ
G. R. No. 161824 March 3, 2004
Victorino X. Fornier, vs. HON. COMMISSION ON ELECTIONS and FPJ

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.

Facts:
1. On 31 December 2003, 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.
2. Petitioners sought for respondent Poe’s disqualification in the presidential elections for having
allegedly misrepresented material facts in his (Poe’s) certificate of candidacy by claiming that he is a
natural Filipino citizen despite his parents both being foreigners. Comelec dismissed the petition.
3. Petitioners assail the jurisdiction of the Comelec, contending that only the Supreme Court may
resolve the basic issue on the case under Article VII, Section 4, paragraph 7, of the 1987 Constitution.

Issue:
1. Can the Supreme Court possess jurisdiction to question the qualification of Presidential candidate on
citizenship?

Ruling
1. The Supreme Court jurisdiction, defined by Section 4, paragraph 7, of the 1987 Constitution, would
not include cases directly brought before it, questioning the qualifications of a candidate for the
presidency or vice-presidency before the elections are held.
2. The COMELEC no grave abuse of discretion in dismissing, for lack of merit, the petition which has
prayed for the disqualification of respondent FPJ from running for the position of President.

Hence, any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the
presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in the
year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of
residence upon his death in 1954, in the absence of any other evidence, could have well been his
place of residence before death, such that Lorenzo Pou would have benefited from the "en masse
Filipinization" that the Philippine Bill had effected in 1902. 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.

But while the 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.

WHEREFORE, the Court RESOLVES to DISMISS –

For petitioners want of jurisdiction (G.R. No. 161634) and for failure to show grave abuse of discretion on the
part of respondent Commission on Elections in dismissing the petition (G. R. No. 161824).

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