Tecson v.

Comelec
Facts

1. FPJ was born on 20 August 1939 in Manila, Philippines.

2. FPJ was born to Allan Poe and Bessie Kelley.

3. Bessie Kelley and Allan Poe were married on 16 September 1940.

4. Allan Poe was a Filipino because his father, Lorenzo Poe, albeit a Spanish subject, was
not shown to have declared his allegiance to Spain by virtue of the Treaty of Paris and the
Philippine Bill of 1902; Bessie Kelley was an American citizen

Issue

Whether FPJ is a natural-born citizen of the Philippines and is allowed to run for president?

Held

Based on the facts presented, it is clear that respondent FPJ was born before the marriage of his
parents. Thus, pursuant to the Civil Code then in force, he could either be (a) a natural child if
both his parents had no legal impediments to marry each other; or (b) an illegitimate child if,
indeed, Allan Poe was married to another woman who was still alive at the time FPJ was born.

The Petitioner never alleged that Allan Poe was not the father of FPJ. By revolving his case
around the illegitimacy of FPJ, Fornier effectively conceded paternity or filiation as a non-issue.
For purposes of the citizenship of an illegitimate child whose father is a Filipino and whose
mother is an alien, proof of paternity or filiation is enough for the child to follow the citizenship
of his putative father, as advanced by Fr. Joaquin Bernas, one of the amici curiae. Since paternity
or filiation is in fact admitted by petitioner Fornier, the COMELEC committed no grave abuse of
discretion in holding that FPJ is a Filipino citizen, pursuant to paragraph 3 of Section 1 of Article
IV of the 1935 Constitution