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Thursday, March 04, 2004
Poe Pinoy, SC rules; 8-5-1 vote
THE Supreme Court (SC) ruled last night that Fernando Poe Jr. is a natural-born Filipino and qualified to seek the presidency, ending weeks of uncertainty among Poe’s supporters.
Malacańang and the Commission on Elections (Comelec) welcomed the decision, while the petitioners vowed to file an appeal.
By a vote of eight to five, with one abstention, the SC dismissed all three suits questioning Poe’s citizenship.
In a 53-page decision penned by Senior Associate Justice Jose Vitug, the SC en banc ruled that the Comelec did not commit grave abuse of discretion when it ruled that Poe is qualified to run in the May 10 elections.
The High Court gave weight to the arguments of four amici curiae (friends of the court), who all said that Poe is a natural-born Filipino under the 1935 Constitution, since his father was a Filipino, as the evidence showed.
In a separate concurring opinion, Chief Justice Hilario Davide Jr. said that among the facts established during the hearings was that Poe is a Filipino because his grandfather, Lorenzo Pou, albeit a Spaniard, was not shown to have declared his allegiance to Spain as required by the Treaty of Paris.
“I agree with the amici curiae that this provision (in the 1935 Constitution) makes no distinction between legitimate and illegitimate children of Filipino fathers. It is enough that filiation is established or that the child is acknowledged or recognized by the father,” the chief justice said.
Campaign focus
Of the eight who voted in favor of Poe, three are appointees of President Arroyo: Associate Justices Alicia Austria-Martinez, Romeo J. Callejo Sr. and Adolfo S. Azcuna.
Of the five who voted against Poe, only Associate Justice Leonardo Qui-suming was not an appointee of President Arroyo.
Dissenting, along with Quisumbing, were Associate Justices Antonio T. Carpio, Renato C. Corona, Concita Carpio-Morales and Dante Tinga.
Associate Justice Arte-mio V. Panganiban was on official leave and did not take part in the final deliberations.
The Palace welcomed the decision on Poe’s case, as the administration said the presidential campaign can now move forward.
Michael Defensor, presidential campaign spokesman, congratulated Poe for winning in the case, while deputy presidential spokesman Ricardo Saludo assured that the government will abide by the decision.
He also alluded to Poe’s consistent refusal to join debates organized by the Comelec: “We hope that with this decision, we can fully focus on the campaign and ensure that we will be able to educate our voters in this coming election.”
Vindicated
Asked if the administration would not revive the disqualification issue in case Poe wins in May, Defensor said: “We were never involved in the disqualification and I think with this ruling the citizenship of Fernando Poe Jr. has already been sealed.”
Comelec law department director Alioden Dalaig said the poll body welcomes the SC’s decision and feels vindicated by it.
“On the basis of evidence presented, there was no material misrepresentation, and it goes to show that Comelec was right and there was no abuse of discretion,” said Dalaig.
Lawyer Victorino For-nier, one of those who asked for Poe’s disqualification from the presidential race, said he will lead the other petitioners in filing an appeal.
Another petitioner, Maria Jeanette Tecson, earlier told the High Court that Poe was born out of wedlock and, under the law of the time, should not be considered as having his Filipino father’s citizenship.
“He remains an illegitimate child and continues to be an American citizen (on account of his mother),” said Tecson.
She pointed out that while Poe’s birth certificate was dated 1939, his parents, Allan Poe and Bessie Kelley, did not marry until 1940.
But Poe’s lawyers, including former justice secretary Estelito Mendoza, said that under the 1987 Constitution, it would be premature for the SC to take up the case.
The Poe camp also said the petitioners in the case have no legal standing to file the case, as they are not candidates laying claim to the presidency. (Sunnex)
(March 4, 2004 issue)
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