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Saturday, February 21, 2004
FPJ illegitimate, a Pinoy: SC told
MANILA -- Four experts consulted by the Supreme Court were unanimous in saying that Fernando Poe Jr. may be illegitimate, but should be considered a natural-born Filipino.
After oral arguments at the Supreme Court (SC) that started 1 p.m. Thursday and ended almost 2 a.m. Friday, Chief Justice Hilario Davide Jr. gave all the parties until Monday to submit their final position papers.
"This is the last requirement of the parties," said Cleo Guerra, the Supreme Court's senior chief staff officer.
"Considering the urgency, (a decision could be reached) maybe within the next two weeks," Guerra added.
Further uncertainty about Poe's prospects drove the peso to another all-time low of P56.35 to the dollar Friday.
All four amici curiae (friends of the court) said that Poe, the 64-year-old son of a Filipino father and an American mother, is a natural-born Filipino and eligible to stand for the May 10 polls.
The four experts are retired Justice Vicente Mendoza, Ateneo Law School dean Fr. Joaquin Bernas and law professors Merlin Magallona and Ruben Balane.
By blood
They differed from the opinion of Solicitor General Alfredo Benipayo, who said that Poe Jr., Ronald Allan in real life, was not natural-born and should be declared ineligible to seek the presidency.
Bernas said the Filipino citizenship of a child is derived "through the blood" of his father, notwithstanding the issue of legitimacy.
The former constitutional commissioner added the child should not be deprived of his Filipino citizenship "because of his parents' indiscretions."
Surveys show that Poe is the frontrunner in the race for the presidency, enjoying a lead of at least eight percentage points in opinion polls over President Arroyo.
But a group of lawyers charged that Poe was born out of wedlock and thus was not automatically recognized as following the nationality of his father.
"There is no evidence or record that Poe was acknowledged by his parents. Thus Poe continues to be an illegitimate child and continues to be an American citizen," lawyer Maria Jeanette Tesoro argued at the court hearing Thursday.
Decision
Thousands of police and soldiers guarded Manila's streets amid the hearing Thursday, due to fears that pro-Poe street demonstrations could spark a military uprising similar to one that was crushed by the Arroyo government last year.
The Poe camp, in a statement yesterday, accused the Arroyo government of "Gestapo tactics" in dispersing the rally, even as it expressed confidence the SC would uphold earlier rulings that Poe was a Filipino.
Meanwhile, President Arroyo's spokesman, Ignacio Bunye, said Arroyo was confident that the court would deliver a fair decision and called on all groups to respect whatever the court issues.
But Mendoza, one of the amici curiae, said the High Court cannot decide on the case yet because Poe Jr. has not been elected, and that the SC can only intervene, if ever, after the elections.
"The father's citizenship flowed to his children, regardless of whether they were born out of wedlock," said Magallona, another expert.
Protests
Benipayo, however, supported the earlier arguments of lawyer-petitioners Tecson, Zoilo Velez and Andresito and Victorino Fornier.
"Respondent Poe cannot be called a natural-born Filipino. He can be called naturalized at best," said Benipayo.
Poe's counsel, Estelito Mendoza, also accused former National Archives Director Ricardo Manapat of fabricating documents, which Fornier used as evidence in filing the case against Poe Jr.
Manapat has since been relieved from his post, after three members of his staff bared before a Senate inquiry that they were ordered to produce fake papers.
Thursday's oral arguments cause traffic jams in Manila, particularly the stretch of Espaņa until the Plaza Miranda in Quiapo, because of rallies by the actor's supporters.
The Padre Faura side of the Supreme Court was closed to traffic, with policemen and soldiers guarding the vicinity for possible unrest.
Authorities continued to guard the SC, but reopened Padre Faura to traffic Friday. AFP/PNA
(February 21, 2004 issue)
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