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Salvacion Vs Central Bank

1. Victorino X. Fornier filed a petition before COMELEC to disqualify FPJ's certificate of candidacy for president, claiming that FPJ misrepresented himself as a natural-born citizen when his parents were allegedly foreigners. 2. The main issue was whether FPJ's father, Allan Poe, was a Filipino citizen and if so, whether FPJ could inherit this citizenship even if alleged to be illegitimate. 3. The Supreme Court ruled that based on available evidence, Lorenzo Pou, Allan Poe's father, likely acquired Filipino citizenship under Spanish rule, and this would extend to Allan and FPJ, as the 1935 constitution allows illegitimate children to

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49 views2 pages

Salvacion Vs Central Bank

1. Victorino X. Fornier filed a petition before COMELEC to disqualify FPJ's certificate of candidacy for president, claiming that FPJ misrepresented himself as a natural-born citizen when his parents were allegedly foreigners. 2. The main issue was whether FPJ's father, Allan Poe, was a Filipino citizen and if so, whether FPJ could inherit this citizenship even if alleged to be illegitimate. 3. The Supreme Court ruled that based on available evidence, Lorenzo Pou, Allan Poe's father, likely acquired Filipino citizenship under Spanish rule, and this would extend to Allan and FPJ, as the 1935 constitution allows illegitimate children to

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einel dc
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Salvacion vs Central Bank

(GR No 94723, Aug 21, 1997)

Facts:
Salvacion was frequently abused by Barteli, a foreigner. Salvacion filed a case
against Barteli for which she won and awarded damages. However, the only
property found by the sheriff is a foreign currency deposit with China Bank. When a
notice of garnishment was presented with China Bank, the bank did not honor the
writ contending that it is a violation of FCDA and there was no written permission
coming from Barteli.

Issue:
Whether in this particular case, garnishment of Bartelis foreign currency deposit
with China Bank is in order.

Held:
The SC departed from the literal meaning of the FCDA and resorted to the intrinsic
aids (whereas clauses appearing in the FCDA). It ruled that the protection of the
framers is to give that protection to foreign investors and lenders. Barteli is neither
an investor nor a lender so he is not the foreign depositor contemplated under the
FCDA. His deposit is not the one that deserved protection of the FCDA. Justice and
righteousness dictates that the deposit be garnished in favor of Salvacion.

Tecson vs. Comelec


Ronald Allan Kelly Poe, also known as Fernando Poe, Jr.(FPJ), filed his certificate of candidacy forthe position
of President of the Republicof the Philippinesunder the Koalisyon ngNagkakaisang Pilipino (KNP) Party, in
the2004national elections. In his certificate of candidacy, FPJ, representing himself to be anatural-born citizen of the
Philippines,stated his name to be "Fernando Jr.," or"Ronald Allan" Poe, his date of birth to be20August 1939 and his
place of birth tobe Manila.Victorino X. Fornier, initiated, on 9 January 2004, a petition before the Commissionon
Elections (COMELEC) todisqualify FPJ and todeny due course or to cancel his certificate of candidacy upon the
thesis that FPJ madeamaterial misrepresentation in hiscertificate of candidacy by claiming to bea natural-born
Filipino citizen when intruth, according to Fornier, his parentswere foreigners; his mother, BessieKelleyPoe, was an
American, and his father,Allan Poe, was a Spanish national,beingthe son of Lorenzo Pou, a Spanishsubject. And
even if Allan F. Poe was aFilipinocitizen, he could not have transmitted hisFilipino citizenship to FPJ, the latter
being anillegitimate child of an alien mother. Fornierbased the allegation of the illegitimate birthof FPJ on two
assertions: (1) Allan F. Poecontracted a prior marriage to a certainPaulitaGomez before his marriage to Bessie
Kelleyand, (2) even if no such prior marriage hadexisted, Allan F. Poe,married Bessie Kelly onlya year after the
birth of FPJ.Issue:Whether FPJ was a natural born citizen, so as tobeallowed to run for the offcie of the Presidentof
the Philippines.Held:Any conclusionon the Filipino citizenship of Lorenzo Pou could only be drawn from
thepresumption that having died in 1954 at84years old, Lorenzo would have been born sometime in the year 1870,
when thePhilippines wasunder Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death
in 1954, in theabsence of any other evidence, could have well been his place of residencebefore death, such that
Lorenzo Pouwould have benefited from the "en masse Filipinization" that the Philippine Bill hadeffected in 1902.
Thatcitizenship (of Lorenzo Pou), if acquired, would therebyextend to his son, Allan F. Poe, father of respondent
FPJ. The 1935 Constitution,during which regime respondent FPJ hasseenfirst light, confers citizenship to all
personswhose fathers are Filipino citizens regardlessof whether such children are legitimate or illegitimate.

VELEZ VS. POE AND FOURNIER VS COMELEC


Facts:
Victorino X. Fornier, petitioner initiated a petition before the COMELEC to disqualify FPJ and to deny duecourse or
to cancel hiscertificate of candidacy upon the thesis that FPJ made a material misrepresentation inhis certificate of
candidacy by claiming to be a natural-born Filipino citizen when in truth, according to Fornier, hisparents were
foreigners; his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanishnational, being
the son of Lorenzo Pou, a Spanish subject. Granting, petitioner asseverated, that Allan F. Poe wasa Filipino citizen,
he could not have transmitted his Filipino citizenship to FPJ, the latter being an illegitimate childof 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 hismarriage to Bessie Kelley and,second, even if no such prior
marriagehad existed, Allan F. Poe, married Bessie Kelly only a year after the birth of respondent.
Issue:
Whether or Not FPJ is a natural born Filipino citizen.
Held:
It is necessary to take on the matter of whether or not respondent FPJ is a natural-born citizen, which, inturn,
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 fromtaking after the Filipino
citizenship of his putative father. Any conclusion on theFilipino citizenship of Lorenzo Poucould only be drawn
from the presumption that having died in 1954 at 84 years old, Lorenzo would have beenborn 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 hisplace 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 extendto his son, Allan F. Poe, father of
respondent FPJ. The 1935 Constitution, during which regime respondent FPJ hasseen first light, confers citizenship
to all persons whose fathers are Filipino citizens regardless of whether suchchildren are legitimate or
illegitimate.But while the totality of the evidence may not establish conclusively that respondent FPJ is a natural-
born citizenof the Philippines, the evidence on hand still would preponderate in his favor enough to hold that he
cannot beheld guilty of having made a material misrepresentation in his certificate of candidacy in violation of
Section78, inrelation to Section 74, of the Omnibus Election Code.

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