G.R. Nos. 161434, 161634 & 161824; March 3, 2004
MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR., petitioners, vs. The COMMISSION ON ELECTIONS, RONALD ALLAN KELLY POE (a.k.a. FERNANDO POE, JR.) and VICTORINO X. FORNIER, respondents. (Consolidated with G.R. No. 161634 and G.R. No. 161824)

FACTS

Petitioner Victorino X. Fornier filed a petition before the Commission on Elections (COMELEC) to disqualify presidential candidate Ronald Allan Kelly Poe, popularly known as Fernando Poe, Jr. (FPJ), and to cancel his Certificate of Candidacy. Fornier alleged that FPJ made a material misrepresentation by claiming to be a natural-born Filipino citizen. He contended that FPJ’s parents were foreigners—his mother, Bessie Kelley, was an American, and his father, Allan Poe, was a Spanish national. Alternatively, Fornier argued that even if Allan Poe were a Filipino, he could not transmit citizenship to FPJ, whom he claimed was an illegitimate child because Allan Poe had a prior marriage to Paulita Gomez and only married Bessie Kelley a year after FPJ’s birth.
The COMELEC dismissed the petition for lack of merit, finding Fornier’s evidence insufficient to substantiate his claims. Fornier’s motion for reconsideration was likewise denied. Subsequently, Fornier and other petitioners elevated the case to the Supreme Court via certiorari, challenging the COMELEC’s jurisdiction and its factual findings, and praying for a temporary restraining order.

ISSUE

The core issue is whether the COMELEC committed grave abuse of discretion in dismissing the petition to disqualify FPJ for lack of evidence to prove that he is not a natural-born Filipino citizen.

RULING

The Supreme Court dismissed the petitions and affirmed the COMELEC’s resolutions. The Court held that the COMELEC did not commit grave abuse of discretion, as its findings were supported by substantial evidence and were in accordance with law and jurisprudence. The burden of proof to show that a candidate is not a natural-born citizen rests on the party challenging the citizenship. Fornier failed to discharge this burden.
The Court applied the presumption of legitimacy of birth and the principle of jus sanguinis. It found no conclusive evidence to prove the alleged prior marriage of Allan Poe to Paulita Gomez, which was crucial to establishing FPJ’s illegitimacy. The Spanish affidavit presented was deemed insufficient. Consequently, FPJ is presumed legitimate. As the legitimate child of a Filipino father, Allan Poe, FPJ is a Filipino citizen by birth under the jus sanguinis principle of the 1935 Constitution, which was in force at his birth in 1939. The Court also noted that even assuming arguendo that FPJ was illegitimate, he would still be considered a natural-born Filipino. Under the 1935 Constitution, an illegitimate child follows the citizenship of the mother. Evidence showed his mother, Bessie Kelley, reacquired Philippine citizenship under the 1936 Citizenship Retention and Re-acquisition Act before FPJ’s birth, making her a Filipino citizen capable of transmitting citizenship to her child. Therefore, FPJ possessed the constitutional requirement of being a natural-born citizen to run for President.