CASE NAME: Tecson v. Commission on Elections G.R. No. 161434 PONENTE: Vitug, J. Case Date: March 3, 2004 Case Summary:
Rule of Law/Doctrine: honestly idk man probably jus sanguini??? but u probably already knew that
Detailed Facts:
- Respondent Ronald Allan Kelly Poe, more well known as Fernando Poe Jr, filed his certificate of candidacy for President of the Philippines on Dec. 31, 2003, running under the Koalisyon ng Nagkakaisang Pilipino. He completed the requirements, including his declared citizenship as a natural-born Filipino.
- Victorino Fornier petitioned to disqualify and cancel certificate of candidacy of FPJ on the ground of his not being a natural born Filipino citizen, since his mother Bessie Kelley Poe was American, and his father Allan Poe was a Spanish citizen. Fornier also alleged that FPJ was an illegitimate child, as Allan and Bessie married a year after FPJ was born, and Allan was said to have been married previously to Paulita Gomez.
- Petitioner presented: FPJ birth certificate, Allan Poe birth certificate, affidavit from Paulita stating that she had filed for bigamy and concubinage
- Respondent presented (22): National Archives certification no info on Allan Poe birth, no info on marriage of Allan Poe and Paulita Gomez, marriage contract of Allan Poe and Bessie Kelley, certification of birth records from 1900-1946 destroyed during WWII
- COMELEC dismissed petition for lack of merit. Fornier filed motion for reconsideration, COMELEC denied. Petitioner filed for TRO and writ of preliminary injunction to delay the execution.
(Case was then compounded with Tecson v. Comelec and Velez v. FPJ, all of a similar nature) Issue: WON the court has jurisdiction. YES WON FPJ is a natural born citizen of the Philippines. YES WON FPJ materially misrepresented himself as a Filipino citizen in his cerificate for candidacy. NO Holding:
(May considerable amount of discussion about the history of citizenship in the text, what I will put here is just a brief summary.) ● 18th century - civil citizenship provided rights to life, liberty, and property ● 19th century - political citizenship provided rights to participate in exercise of political power ● Spanish period - Filipinos were recorded as Spanish subjects, or indios ● 1889 - passing of the Civil Code of Spain ● 1898 - Spain ceded the Philippines to the USA through the treaty of Paris, no longer Spanish subjects, but not American citizens either ● Philippine Organic Act of 1902 ". . . that all inhabitants of the Philippine Islands continuing to reside therein, who were Spanish subjects on the 11th day of April, 1891, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands…” ● Jones Law - reiterated the same ● 1935 Constitution - jus sanguinis adopted ● 1973 Constitution ● 1987 Constitution
On FPJ’s citizenship ● From the documents, the court draws five conclusions ○ The parents of FPJ are Allan F. Poe and Bessie Kelley ○ FPJ was born August 20 1939 ○ Allan F. Poe and Bessie Kelley were married on September 16, 1940 ○ The father of Allan F. Poe was Lorenzo Poe ○ At the time of his death on September 11, 1954, Lorenzo Poe was 84 years old ● Death certificate of Lorenzo Poe, Marriage Certificate of Poe and Kelley, and FPJ’s birth certificate are prima facie evidence of their own contents ● No evidence to the contrary to the fact that Lorenzo Poe resided in the Philippines during the “en masse Filipinization”. Thus, he was a Filipino, which he passed down to Allan F. Poe. ● Petitioners contend that FPJ was an illegitimate child because: ○ Allan F. Poe was married to a Paulita Gomez, thus making his marriage with Kelley bigamous ■ Court ruled this as doubtful at best. ○ FPJ was born before Allan F. Poe and Bessie Kelley was married ● Illegitimacy of a child is obiter dicta in the face of legitimacy to run for public office. ● The 1935 Constitution, which was in effect at the time of FPJ’s birth, stated 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 Philippines 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 or mothers 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." ● Thus, regardless of the illegitimacy of FPJ’s birth, he was still considered a Filipino. ● There was no conclusive evidence that FPJ willfully, materially, and deliberately misrepresented himself as Filipino.
Ruling: Court resolves to DISMISS the petitions.
Relevant Provisions Art. IV Sec. 1of the 1987 Consti.
The following are citizens of the Philippines: "(1)Those who are citizens of the Philippines at the time of the adoption of this Constitution. "(2)Those whose fathers or mothers are citizens of the Philippines. "(3)Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and "(4)Those who are naturalized in accordance with law."
Art. VII, Sec. 2 of the 1987 Consti.
"No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election."
Omnibus Election Code Section 78.
Petition to deny due course or to cancel a certificate of candidacy. — A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by any person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false