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    Tecson vs. Comelec

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    Jovz Bumohya
    The case involved a petition to disqualify Fernando Poe Jr. (FPJ) from running for president, claiming he was not a natural born Filipino citizen. The petitioner alleged FPJ's parents were foreigners - his mother was American and his father was Spanish. The Commission on Elections had to determine FPJ's citizenship status. While the evidence did not conclusively prove FPJ's natural born citizenship, it did preponderate in his favor. Therefore, the Commission on Elections ruled FPJ could not be disqualified from the election for misrepresenting his citizenship in his certificate of candidacy.

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    Tecson vs. Comelec

    Uploaded by

    Jovz Bumohya
    66 views2 pages
    The case involved a petition to disqualify Fernando Poe Jr. (FPJ) from running for president, claiming he was not a natural born Filipino citizen. The petitioner alleged FPJ's parents were foreigners - his mother was American and his father was Spanish. The Commission on Elections had to determine FPJ's citizenship status. While the evidence did not conclusively prove FPJ's natural born citizenship, it did preponderate in his favor. Therefore, the Commission on Elections ruled FPJ could not be disqualified from the election for misrepresenting his citizenship in his certificate of candidacy.

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    The case involved a petition to disqualify Fernando Poe Jr. (FPJ) from running for president, claiming he was not a natural born Filipino citizen. The petitioner alleged FPJ's parents were foreigners - his mother was American and his father was Spanish. The Commission on Elections had to determine FPJ's citizenship status. While the evidence did not conclusively prove FPJ's natural born citizenship, it did preponderate in his favor. Therefore, the Commission on Elections ruled FPJ could not be disqualified from the election for misrepresenting his citizenship in his certificate of candidacy.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    66 views2 pages

    Tecson vs. Comelec

    Uploaded by

    Jovz Bumohya
    The case involved a petition to disqualify Fernando Poe Jr. (FPJ) from running for president, claiming he was not a natural born Filipino citizen. The petitioner alleged FPJ's parents were foreigners - his mother was American and his father was Spanish. The Commission on Elections had to determine FPJ's citizenship status. While the evidence did not conclusively prove FPJ's natural born citizenship, it did preponderate in his favor. Therefore, the Commission on Elections ruled FPJ could not be disqualified from the election for misrepresenting his citizenship in his certificate of candidacy.

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    Tecson vs.

    COMELEC
    GR No. 161434
    March 3, 2004

    Facts:
    On December 31, 2003 Ronald Allan Kelly Poe a.k.a Fernando Poe Jr. (FPJ) filed his
    certificate of candidacy for the position of Presidency in the Republic of the Philippines.
    Victorino Fornier initiated a petition before the Commission on Elections (COMELEC) to
    disqualify FPJ and to cancel his certificate of candidacy due to the reason that FPJ is not
    a natural born Filipino because 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.
    Issue:
    Whether or not Ronald Allan Kelly Poe is a natural born Filipino or not.

    Ruling:
    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. 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.

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