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Friday, March 05, 2004
Petitioners say ruling on Poe 'a dangerous precedent'
MANILA -- Petitioners in the disqualification case against opposition presidential candidate Fernando Poe Jr. said Thursday the Supreme Court's decision allowing the movie actor to run for the presidency sets "a dangerous precedent."
But Vice President Teofisto Guingona said the Supreme Court's decision on Poe's disqualification has boosted the high court's credibility aside from bringing life in the political contest.
Brothers Andresito and Victorino Fornier and Jeanette Tecson Thursday confirmed they would be appealing the ruling.
President Arroyo and two administration senators welcomed the SC's decision. Arroyo, in particular, called the ruling on Poe as "a triumph of impartial justice."
The Forniers said the ruling sets "a dangerous precedent as we will be seeing dark-skinned Filipinos claiming that they are the parents of blue-eyed individuals."
"We only need two votes to have a majority of 10 to 6," Andresito said, noting the voting of the SC en banc on the matter.
"We will be filing an appeal within the reglamentary period," he added.
Tecson, who filed the case along with her law partner Felix Desiderio, said over a radio interview she has yet to receive the ruling, but they would appeal the ruling.
Details of the SC ruling on the disqualification case against Poe were revealed Thursday.
Senior Associate Justice Jose Vitug, who penned the 53-page ruling, agreed with Poe's position that the Filipino citizenship of his grandfather Lorenzo Pou could be drawn since Lorenzo would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in 1902.
"From the presumption that having died in 1954 at 84-years-old, Lorenzo would have been born sometime in the year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan, his place of residence upon his death in 1954, in the absence of any other evidence, could have been well his place of residence before death," said Vitug.
"That [Filipino] citizenship [of Lorenzo Pou], if acquired, would thereby extend to his son, Allan F. Poe, father of respondent Fernando Poe Jr.," Vitug added.
Vitug said the 1935 Constitution confers citizenship on all persons whose fathers are Filipino citizens, regardless of whether their children are legitimate or illegitimate.
In dismissing the petitions, the High Court noted the same is still unripe for adjudication under the circumstances.
"The Court must dismiss, for lack of jurisdiction and prematurity, the petitions in both having been directly elevated to this court in the latter's capacity as the only tribunal to resolve a presidential and vice presidential election contest under the Constitution. Evidently, the primary jurisdiction of the court can directly be invoked only after, not before, the elections are held."
Vitug said while the totality of the evidence may not establish conclusively that Poe is a natural-born citizen of the Philippines "the evidence on hand still would preponderate in his favor enough to hold that he cannot be held guilty of having made a material misrepresentation in his certificate of candidacy."
"Petitioner has utterly failed to substantiate his case before the court, notwithstanding the ample opportunity given to the parties to present their position and evidence, and to prove whether or not there has been material misrepresentation, which must not only be material, but also deliberate and willful," Vitug said in the 53-page ruling.
Meanwhile, Associate Justices Antonio Carpio, Leonardo Quisumbing, Conchita Carpio-Morales, Dante Tinga and Renato Corona, who dissented from the majority ruling, were adamant in declaring that Poe is not a natural-born Filipino citizen.
Carpio, in particular, said "Fernando Poe Jr. is not a natural-born Philippine citizen since there is no showing that his alleged Filipino father, Allan F. Poe, acknowledged him at birth."
"The Constitution defined a natural-born citizen as a Philippine citizen 'from birth without having to perform any act to acquire or perfect' his Philippine citizenship. Private respondent Fernando Poe Jr. does not meet this citizenship qualification," Carpio said.
Carpio also said he voted to grant the petition of Victorino Fornier, but voted to dismiss the petitions of Tecson, Desiderio and Velez on the ground that "their direct petitions invoking the jurisdiction of the court under the Constitution are premature, there being no election contest in this case."
Tinga, on the other hand, said while Poe "may indeed be at heart and in mind a natural-born Filipino. He may speak the vernacular, partake of the native ale, and portray the Filipino hero. He may have even exercised rights and enjoy privileges reserved to Filipino citizens. All these, however, do not constitute conclusive proof that he is one."
Tinga said it was incumbent upon Poe "to prove to the satisfaction of the court that he really is such. Failing thus, and as no presumption can be indulged in favor of the claimant of Philippine citizenship, the doubt must be resolved in favor of the state."
The longest dissent was contained, however, in the 117-page opinion of Associate Morales, who said the Comelec should be directed "to cancel the certificate of candidacy of Ronald Allan Kelley Poe for containing a false material representation."
The two other dissenting magistrates, Quisumbing and Corona, joined Morales in her dissenting opinion.
Meanwhile, President Arroyo Thursday expressed relief over the SC decision as she described the ruling as a "triumph of impartial justice."
"We are glad that this is over and we look forward to a principled and informative campaign. It is time to bring our respective platforms to the people," Arroyo said in a statement.
Arroyo said government will abide by the decision of the High Court and not follow the rule of threat or intimidation.
"The decision gives us more reason to uphold democracy and civilized governance.
We must maintain high faith on the Supreme Court and obey its mandate," she said.
Arroyo has said she believes that Poe is a Filipino citizen.
Presidential spokesman Ignacio Bunye said Wednesday night that the government is glad that Poe has been allowed to run for president.
"We wish him the best. The people must have the widest range of choices. Let us unify behind democracy, clean elections amid the rule of law," said Bunye.
Presidential spokesman Ignacio Bunye dismissed statements of Poe's Koalisyon ng Nagkakaisang Pilipino (KNP) that it is bracing for other "dirty tricks" by Malacaņang against the movie actor and the opposition.
"They can always raise these allegations but the allegations so far have not been substantiated," he said.
Bunye added that Arroyo will not resort to mudslinging and use of personalities in her campaign but will instead take it on a high plane.
On apprehensions that Malacaņang's guns are now trained on presidential candidate Panfilo Lacson, he said, "We'll let the Department of Justice do what they need to do under the laws and circumstances. I believe they are properly guided by the laws."
Bunye also belittled the possibility of a merger between Poe and Lacson saying, "The President welcomes any opposition and President is willing to face them either one-on-one or several of them. She is confident done so much for country (that she will win)."
Reelectionist Sen. Rodolfo Biazon said the High Tribunal is the true victor in the citizenship issue and not Poe's camp.
Biazon also said the decision of the High Tribunal "doesn't necessarily mean a victory for his presidential bid."
Biazon, who is seeking for a reelection under the administration Koalisyon ng Katapatan at Karanasan para sa Kinabukasan (K4), said Poe should still focus his campaign on his platforms of government because the people would decide based on his programs and not on his citizenship.
"I consider this decision of the Supreme Court as an act to demonstrate to the people that the SC is an institution that can be relied upon to resolve judicial issues credibly, through the impact of this decision that was arrived at collectively," Biazon said.
Presidentiable candidate Raul Roco, on the other hand, urged the public to disqualify Poe. He challenged that Poe show his platform of government and asked for the things he would do if he would be president of the country.
Reelectionist Sen. Robert Barbers, for his part, has appealed to the followers of President Arroyo to concentrate on convincing the voters to vote for her instead of resorting to protest actions following the SC's ruling in favor of Poe.
Barbers urged Arroyo's supporters to respect the rule of law.
"We have to respect the rule of law. The SC had dismissed the disqualification case against Poe and the supporters of GMA must show to the public that they don't have to resort to protest action to ventilate their objections if they are not satisfied with the court's ruling," Barbers added.
Barbers said the SC decision would change the focus of the candidates in which they would devote their time on looking for possible solutions to the country's major problems instead of discussing the citizenship issue. Benjamin B. Pulta/JMR/JPM
(March 5, 2004 issue)
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