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Thursday, March 04, 2004
Poe Filipino, SC rules
MANILA -- The Supreme Court voting 8-5-1 dismissed Wednesday the disqualification case against opposition presidential candidate Fernando Poe Jr. and ruled the movie actor is a natural-born Filipino.
Malacaņang and the Commission on Elections (Comelec) welcomed the decision of the High Tribunal, while the petitioners in the case vowed to file an appeal.
In a 53-page decision penned by Associate Justice Jose C. Vitug, the Court en banc held that Comelec did not commit a grave abuse of discretion when it ruled that the movie actor is qualified to run for president in the coming May elections.
The Comelec had earlier ruled the movie star was qualified for the presidency, but the petitioners took the case to the Supreme Court.
Poe's opponents had argued that the actor-turned-politician, born Ronald Allan Kelley Poe in 1939 to a Filipino father and an American mother, should be disqualified because he was not a "natural born" Filipino.
Of the eight who voted in favor of Poe, three -- Associate Justices Alicia Austria-Martinez, Romeo J. Callejo Sr. and Adolfo S. Azcuna -- are appointees of President Arroyo.
Two other magistrates, namely, Angelina Sandoval-Gutierrez and Consuelo Ynares Santiago, were appointed by former President Joseph Estrada.
Vitug and Associate Justice Reynato Puno were appointed by former President Fidel V. Ramos, while Chief Justice Davide was named to the High Court by then president Corazon Aquino in 1991.
The five associate justices who voted against Poe were appointees of Arroyo.
Dissenting from the majority opinion were Justice Leonardo Quisuming, who was appointed by Ramos; Antonio T. Carpio, Renato C. Corona, Concita Carpio-Morales and Dante Tinga.
Associate Justices Artemio Panganiban was on official leave and did not take part in the final deliberations.
In a separate concurring opinion, Davide said 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.
The Chief Justice held that the following facts have been established by a weighty preponderance of evidence during the oral arguments, to wit:
* FPJ was born on 20 August 1939 in Manila, Philippines.
* FPJ was born to Allan Poe and Bessie Kelly.
* Bessie Kelly and Allan Poe were married on 16 September 1940.
* Allan Poe was a Filipino because his father, Lorenzo Poe, albeit a
"I agree with the amici curiae (friends of the court) 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.
The justices gave weight to the arguments by four "friends of the court" who said that "under the terms of the 1935 Constitution, since his father was a Filipino as borne by evidence in the court's possession."
Much of the case was discussed in the marathon hearings on the case last month.
Poe was "ecstatic about the decision and we are glad that the Supreme Court acted with dispatch and with fairness, justice in finding (Poe) a natural born Filipino," opposition party spokesman Mike Romero said.
"We would like to thank the Supreme Court and God bless them. FPJ all the way," Romero said, referring to Poe's initials. "It is all over."
The Palace welcomed the decision of the SC 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 would abide by the decision.
"We have been hoping that this would be the out come of the Supreme Court decision so now we can engage into a high level campaign of programs, program of action, policies and the leadership qualities of our respective candidates we hope that with this decision we can fully focus on the campaign not only that but to ensure that we will be able to educate our voters in this coming elections," Defensor said.
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 fate of the citizenship has already been sealed. The citizenship of Fernando Poe Jr. has already been sealed."
On the other hand, Comelec law department director Alioden Dalaig said they welcome the SC's decision and they feel vindicated.
"On the basis of evidence presented there was no material misrepresentation and it goes to show na tama yung decision ng Comelec (that the Comelec was right) and there was no abuse of discretion. Maganda ang naging decision (The decision was good)."
Lawyer Victorino Fornier, one of those who asked for Poe's disqualification from the presidential race, said he will lead the other petitioners in filing an appeal of the SC's ruling. Benjamin Pulta/JMR/Marie Neri
(March 4, 2004 issue)
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