Court ruled Pennisi a Filipino citizen

THE High Court has denied the bid of the Department of Justice (DOJ) and Bureau of Immigration to conduct summary deportation proceedings against Filipino-Australian cager Michael Alfio “Mick” Pennisi.

In a 16-page decision penned by Senior Associate Justice Antonio Carpio, the SC’s Second Division affirmed the September 30, 2005 ruling of the Court of Appeals, which declared Pennisi as a Filipino citizen who is qualified to play in the pro-league Philippine Basketball Association (PBA).

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Then DOJ Secretary Raul Gonzalez ordered the crackdown following the complaints from other homegrown Filipino ball players of the influx of the so-called “Fil-shams.”

The SC gave merit on the documents and evidence submitted by Pennisi, such as the certification issued by the Commonwealth of Australia attesting that his mother, Anita Tomedas-Quintos, consistently presented herself to be a Filipino citizen.

An article posted at website of the PBA said Pennisi now plays for San Miguel as center/forward. He was born on March 13, 1965 in Queensland, Australia.

During the trial at the CA, Pennisi presented as evidence the certified true copy of his birth certificate indicating the birth place of his mother as Philippines.

The Court also did not give credence to the DOJ and BI’s assertion that Pennisi’s citizenship issue has been rendered moot by his voluntary departure from the country.

It held that prior to his departure, Pennisi was recognized as a Filipino citizen and that he manifested his intent to return to the country since his Filipino wife and children are residing in the country.

“The filing of the petitions before the CA and before this Court showed his intention to prove his Filipino lineage and citizenship, as well as the error committed by petitioners in causing his deportation from the country. He was precisely questioning the DOJ’s revocation of his certificate of recognition and his summary deportation by the BI,” the Court said.

The SC agreed with the CA that the affidavits of barangay captain Ramon Soliman and Barangay treasurer Conrado Peralta stating that there were no Quintoses or Tomedas in San Antonio, Nueva Ecija, the birthplace of his mother, have not overcome “the presumption that the entries in the certificate of live birth of Quintos are prima facie evidence of the facts stated therein.”

“We sustain the CA that there could be reasons why the Quintoses and Tomedas were not included in the census, such as they could have been mere transients in the place. As for their absence in the master’s list of voters, they could have failed to register themselves as voters,” the Court said.

It said that the late registration of Quintos’ certificate of live birth was made 10 years after her birth and not anytime near the filing of respondent’s (Pennisi) petition for recognition as Filipino citizen.

“As such, it could not be presumed that the certificate’s late filing was meant to use it fraudulently,” the SC added.

It further noted that the Australian Department of Immigration and Multicultural Affairs has attested that as of July 14, 1999, Quintos has not been granted Australian citizenship.

Records showed that Pennisi filed his petition for recognition as Filipino citizen before the BI which was granted the following year. The DOJ subsequently disapproved the order, prompting the former to submit additional documents, resulting to the confirmation of his Filipino citizenship.

Pennisi was then drafted and played for the Red Bull team and later transferred to San Miguel team.

In 2003, the Senate Committee on Games, Amusement and Sports and on Constitutional Amendments submitted committee report recommending the summary deportation of Pennisi and several other PBA players due to lack of record to prove that they are Filipino citizens.

The BI later issued deportation orders against several Filipino-foreign players, including Pennisi, prompting them to elevate the issue before the court. (JCV/Sunnex)