MA. JEANETTE TECSON AND FELIX DESIDERIO VS. COMELEC, ALLAN POE (AKA FPJ) AND FORNIER

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MA. JEANETTE TECSON AND FELIX DESIDERIO VS. COMELEC, ALLAN POE (AKA FPJ) AND FORNIER

G.R.No. 161434. March 3, 2004

FACTS:

In December 2003, Ronal Allan Poe, also known as FPJ, filed his Certificate of Candidacy for Presiding for the 2004 National elections. FPJ in his certificate of candidacy represented himself as natural born Filipino citizen. This has been assailed before COMELEC to disqualify or cancel his certificate of candidacy upon the thesis that he made a material misrepresentation in the certificate by claiming that he is a natural born Filipino citizen when in truth according to Fornier, his parents were foreigners; his mother is an American; and his father being Spanish national being also a son of Spanish subject COMELEC denied / dismissed Forniers action for lack of merit. Allan F. Poe, married Bessie Kelly only a year after the birth of Respondent.

ISSUE:

Whether FPJ is a natural born Filipino citizen.
Whether the father of FPJ is a Filipino Citizen.

HELD:

Philippine Organic Act of 1902 provides that “all inhabitants of the Philippine Islands continuing to reside therein, who were Spanish subjects on the 11th day of April 1891 and then reside in said islands, and their children born subsequent thereto, shall be deemed end held to be citizens of the Philippines and as such entitled to the protection of the United States, except such as shall preserve their allegiance to the Crown of Spain. Under said Organic Act, a “citizen of the Philippines was one who was an inhabitant of the Philippines, and a Spanish subject on the 11th day of April 1899. The term “inhabitant” was taken to include” 1) a native born inhabitant, 2) an inhabitant who was a native of Peninsukar Spain, and 3. An inhabitant who obtained Spain papers on or before 11 April 1899.

With respect to the status of the Children born in the Philippines from 11 April 1899 to 01 July 1902, during which period no citizenship law was extant in the Philippines, weight was given to the view that the common law principle of Jus soli, otherwise known as the Principle of territoriality which is operative in the United States and England, governed.

Poe is an illegitimate child whose paternity has not been duly established. Even if it is assumed that Allan F. Poe were respondent’s father, his own nationality has not been duly established Lorenzo Poe’s presence in the Philippines in 1899 cannot be determined; hence no presumption of nationality can be accorded to him.

Note: Children born prior to marriage cannot be legitimated nor in any way considered legitimate if at the time they were born there was an existing valid marriage between the father and his first wife.

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