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Friday, February 20, 2004
SC hears sides on Poe's citizenship
By Benjamin B. Pulta
* Petitioners insist Poe is not a natural-born Filipino
* Poe lawyer says FPJ's mother is a Filipino
* Oral arguments may be extended 'from day to day until terminated'
* Poe supporters clash with police near SC, hold rally in Plaza Miranda
* Susan Roces attended Plaza Miranda rally
MANILA -- Supreme Court (SC) magistrates took turns grilling those who petitioned for the disqualification of Fernando Poe Jr. from the presidential race for not being a natural-born Filipino.
Outside the SC, Poe's supporters and police clashed after the rallyists were barred from entering the court's compound. Some rallyists were injured in the encounter, while others were arrested.
The marathon hearings on the disqualification cases against Poe started at 1 p.m. and were still going on at 7:30 p.m. Thursday night as Poe's counsel Estelito P. Mendoza finally got his turn to argue for his client.
As of this writing, Mendoza was still being grilled by the magistrates. Solicitor General Alfredo Benipayo is next to argue followed by the four amici curiae.
The four amici curiae (friends of court) invited by the Tribunal to shed light on the matter are retired SC Associate Justice Vicente Mendoza, Constitutionalist Joaquin Bernas, law professor Ruben Balane and former Foreign Affairs Usec. Merlin Magalona.
The prospect of a long drawn-out affair over the issue dawned after SC en banc Clerk of Court Luzviminda Puno announced that the hearings will be extended "from day to day until terminated."
The parties concerned have been given time to submit more memoranda regarding their positions.
Benipayo shared the opinion of the petitioners that FPJ is not a natural born Filipino because he is an illegitimate child he followed the citizenship of his mother.
The friends of court have yet of present their arguments as of late night Thursday. One of the friends of court, Fr. Bernas, in an interview, said FPJ may have dual citizenship.
In this case he could be qualified to run for president.
During the oral arguments, Mendoza declined a suggestion from Chief Justice Hilario Davide Jr. for him and one of the petitioners, Victorino Fornier, to explain facts cited in two documents -- a purported marriage contract between Poe's supposed parents and Poe's birth certificate.
Mendoza said whether Poe's mother, Bessie Kelley, had indeed declared in the documents that she was single and that she was an American cannot be considered conclusive since "Kelley could be an American and a Filipino at the same time."
Mendoza explained that he has proof that Kelley was born in 1919 to a Filipino mother, Marta Gatbonton, and to an American father Arthur Kelley.
Arthur used to work in a sugar central and the family had initially resided in Candaba, Pampanga, Mendoza later told reporters during a break in the hearing.
Mendoza added that at the time of Bessie Kelley's birth, Philippine law was still covered by the "jus soli" rule or that a Filipino is one who is born in the Philippines.
Poe's detractors had insisted that Poe is an American by following the nationality of his mother, despite the fact that his parents subsequently married a year and 26 days after he was born.
It was also argued that under the 1935 constitution, a child--whether legitimate or illegitimate--follows the citizenship of the father. In the case of Poe, his father is a Filipino.
Senior Associate Justice Reynato S. Puno, at one point during the questioning of Fornier, said a number of recent rulings in the United States tended to do away with the distinction of rights and privileges granted to children either natural-born or naturalized "as being violative of the equal protection rule."
Fourteen magistrates were present in Thursday's hearings. Newly appointed SC Associate Justice Minita Chico-Nazario was absent.
The first of the petitioners to argue was Jeanette Tecson, who stumbled upon questioning by the magistrates.
Speaking before the SC for nearly three hours, Tecson repeatedly cited the need for a "liberal construction of the rules" on whether the case can be taken up by the Supreme Court (SC) prompting an exasperated Associate Justice Romeo Callejo to ask what she meant.
"Liberal for whom, the state, Poe, or for you?" Callejo asked.
Also during Tecson's appearance, Senior Associate Justice Jose Vitug pointed out that included in the enumeration of who are Filipino citizens under the 1935 Constitution are those who have Filipino fathers, adding that the rule made no distinction between legitimate and illegitimate children.
The magistrates also pointed out that the rules should be construed in favor of the child, adding that the mother's citizenship should be followed only when there is "no known father."
The petitioners said the right to run for public office, being a privilege and not a right, is different from the presumption favoring children under civil law.
Tecson cited a 1966 case wherein the SC ruled that a Chinese-Filipino follows the citizenship of his Filipino mother despite the fact that the father was known.
Associate Justice Dante Tinga said the 1966 case does not apply since the SC at the time noted that the father of the child was also Chinese, like the mother.
Among the other principal issues taken up Thursday was whether the Commission on Elections (Comelec) "has jurisdiction over petitions to deny due course to or cancel the certificate of candidacy of a presidential candidate based on false material representation in the certificate of candidacy and/or lack of qualification."
A number of magistrates, Associate Justice Angelina Gutierrez among them, cited that the issues raised seem to be "questions of fact," which are outside of the jurisdiction of the SC "being a trier of purely questions of law."
Also among the matters taken up was the Comelec's power to enforce and administer election laws and decide, except those involving the right to vote, all questions affecting elections under the Constitution, the concept of natural-born citizen, the principle of "jus sanguinis," applicability of international law in resolving problems of citizenship, whether children as used in citizenship statues include illegitimate children; laws governing the citizenship of a child born under the 1935 constitution and others.
Clash
Meanwhile, several people were hurt in the encounter after Poe's followers tried to go near the SC through Padre Faura Street despite a court prohibition against demonstrations or rallies within a 200-meter radius of the courthouse.
Malacaņang blamed Poe and his supporters for the clash that occurred near the SC compound.
President Arroyo in an interview with RMN Dagupan refused to comment on the Poe citizenship issue saying, "Let the courts decide."
Presidential campaign spokesman Michael Defensor, for his part, said it is Poe's responsibility to tell his allies to respect the legal and constitutional process.
He said the right of Poe's supporters to hold rallies will be respected but they also have to abide by the decision of the High Court.
Susan's stage
In an apparent concession, the authorities allowed around 4,000 Poe supporters to gather in Plaza Miranda in Manila, where they held an anti-government rally.
The crowd dispersed after Poe's wife, former movie star Susan Roces, urged them to abide by an agreement with the authorities to break up.
"FPJ is a Filipino. FPJ doesn't want trouble," Roces said, urging the supporters to respect the court's ruling.
She insisted her husband is a natural-born Filipino.
Roces (Jesusa Sonora Poe in real life) asked the SC to base their ruling on the disqualification suit on what the Constitution states.
She later attended a Mass in Quiapo Church accompanied by friends from the entertainment industry.
Disservice
Former President Fidel Ramos, on the other hand, said threats of a coup in case Poe is disqualified should not be taken seriously because his supporters do not have the capability to carry it out. "Kaya ba nila (Can they try) to plunge the country into a civil war?" he asked.
Ramos scored the Association of Generals for Poe (Agpoe) for threatening to destabilize the government if the SC rules against Poe. He said their "irresponsible talk" is a great disservice to the Armed Forces and the PNP, which are law-abiding, patriotic, and loyal to the chain of command.
He said Agpoe represents only five to six percent of the membership of the more than 800-strong Association of Generals and Flag Officers.
"I will personally lead the fight by the private sector against coup talks as I have done in the nine failed coup attempts during President Aquino's term," he said.
Ramos also said he still supports Arroyo and that his meetings with some opposition leaders may have been misconstrued. With a report from JMR/Sunnex Luzon
(February 20, 2004 issue)
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