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Monday, January 19, 2004
Comelec tells FPJ to prove Filipino citizenship
By Marie Neri
MANILA -- Movie actor Fernando Poe Jr. must prove that he is a Filipino citizen so that he will not be disqualified from running for president.
Commission on Elections (Comelec) Chairman Benjamin Abalos Sr. issued the statement after the second division of the commission scheduled for Monday a hearing on the disqualification case filed against Poe (born Ronald Allan Kelly Poe).
Abalos said Poe must present strong documentary evidence proving he is a Filipino and not an American or a Spanish national as alleged in a complaint lodged by lawyer Victorino Fornier.
"They (Poe's camp) were required to submit documentary evidence and the evidence should be strong to merit the dismissal of the case," Abalos said.
Fornier, in his complaint, asked the Comelec to disqualify Poe from gunning for the highest post in the country since he is not a Filipino because his father is a Spanish national while his mother is an American citizen.
Fornier, a resident of Pasay City, also alleged that the marriage between Poe's parents--Allan Fernando Poe and Bessie Kelly Poe--was null and void because his father was married to Paulita Gomez, wherein the elder Poe stated in the marriage contract that he is Spanish.
But Estelito Mendoza, lead counsel of Poe Jr., stressed the actor was never considered a foreigner as proven by documents in his possession such as his birth certificate, passport, marriage contract with Jesusa Sonora (real name of actress Susan Roces) and the properties he has acquired in the country.
"Contrary to what is alleged, even if the original of annex C, the alleged marriage contract (Allan Fernando Poe and Paulita Gomez) exists, the same is not a public instrument but a private instrument and does nor constitute evidence of the citizenship of the parties thereto," Poe's petition said.
"Respondent further alleges that even if it be assumed that the purported marriage contract of Allan Fernando Poe and Paulita Gomez was executed and that it exists, and that Allan Fernando Poe declared himself to be a Spanish citizen in the marriage contract it cannot constitute a renunciation of the Philippine citizenship he derived from his father Lorenzo Poe. In order that renunciation of Philippine citizenship would result in loss of Philippine citizenship, it must be express distinct and explicit," the petition further stated.
Kelly's sister, Ruby Kelly Mangahas, declared there was no Paulita Gomez who filed a case against the elder Poe.
Mangahas also said her sister did not "mention anything about her husband having a relationship with someone else prior to their marriage."
The Koalisyon ng Nagkakaisang Pilipino (KNP) of Poe Jr. criticized the disqualification case filed against their candidate and the perjury case filed against the actor before the Manila Prosecutor's Office. The KNP said the cases are meant to harass their candidate.
Meanwhile, Abalos said if all the pieces of documentary evidence are submitted Monday, he expects the second division to submit a decision to the Comelec en banc and that a ruling will be issued by the commission by Friday at the latest.
(January 19, 2004 issue)
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