SEPARATE OPINION

A court which yields to the popular will

thereby licenses itself to practice despotism for

there can be no assurance that it will not on

another occasion indulge its own will.[1

CALLEJO, SR., J.:

Before the Court are three petitions seeking to disqualify respondent Ronald Allan Kelley Poe
as candidate for President of the Republic of the Philippines, on the ground of ineligibility as he
is not a natural-born Filipino citizen, one of the qualifications for the said position under
Section 2, Article VII of the 1987 Constitution.[2

The petitions in G.R. No. 161434[3 and G.R. No. 161634[4 were filed directly with this Court
invoking Section 4, Article VII of the 1987 Constitution. The petition in G.R. No. 161824 was
filed by Victorino X. Fornier under Rule 64 in relation to Rule 65 of the Rules of Court. It seeks
to set aside and nullify the Resolution dated February 6, 2004 of the respondent Commission
on Elections (COMELEC) en banc which affirmed the Resolution of its First Division dated
January 23, 2004 dismissing the petition for disqualification filed against respondent Poe by
petitioner Fornier.

I vote to dismiss outright the first two petitions for prematurity and for want of jurisdiction.

It is on the third petition, G.R. No. 161824, that I submit this Opinion.

The petitioner invokes the certiorari jurisdiction of this Court over a judgment or final order or
resolution of respondent COMELEC by authority of Section 7, Article IX of the 1987
Constitution.[5

Briefly, the factual antecedents giving rise to the petition in G.R. No. 161824 are as follows:

On December 31, 2003, respondent Poe filed his Certificate of Candidacy for President with
the COMELEC. Among others, it is stated therein that he is a natural-born Filipino citizen. On
January 9, 2004, petitioner Fornier filed a Petition for Disqualification of Presidential Candidate
Ronald Allan Kelley Poe, also known as Fernando Poe, Jr. (the petition a quo). The petitioner
asserted that respondent Poe is not a citizen, much more a natural-born citizen, of the
Philippines. As such, he lacks one of the essential qualifications for the position of President.

According to the petition a quo, respondent Poes father, Allan Fernando Poe, was a Spanish
citizen as shown by the marriage contract[6 between him and a certain Paulita Gomez. On the
other hand, his mother, Bessie Kelley, was an American citizen as shown by his birth
certificate.[7 Granting arguendo that respondent Poes father was a Filipino citizen, still,
respondent Poe could not acquire the citizenship of his father; the latters marriage to Bessie
Kelley was void, since he was previously married to Paulita Gomez.As an illegitimate child,
respondent Poe followed the citizenship of his American mother. The petition a quo then
prayed that respondent Poe be disqualified from running for the position of the President of
the Republic of the Philippines and that his Certificate of Candidacy be denied due course, or
cancelled.

On the basis of the allegations therein, the petition a quo was treated by the COMELEC (First
Division) as a petition to deny due course to or cancel a certificate of candidacy under Section
78 of the Omnibus Election Code.
Pursuant to Section 1,[8 Rule 23 of the COMELEC Rules of Procedure, the petition was
correspondingly docketed as a special action SPA No. 04-003.[9 Because the proceedings were
heard summarily,[10 respondent Poe was given only three (3) days within which to answer.
He seasonably filed his Answer on January 16, 2004 substantially denying the material
allegations contained in the petition a quo.[11 Attached to respondent Poes answer was his
birth certificate[12 and the marriage contract of his parents, Allan Fernando Poe and Bessie
Kelley,[13 to support his contention that he is a natural-born Filipino citizen and a legitimate
child. Respondent Poe also maintained that while his mother was an American citizen, his
father was a Filipino citizen. Thus, respondent Poe concluded, he is a natural-born citizen as
he follows the citizenship of his father.

The hearing was held on January 19, 2004. The parties were given only two (2) days within
which to submit their respective memoranda which was timely filed by the parties on January
21, 2004.[14

On January 23, 2004, based on the pleadings filed therewith, the COMELEC (First Division)
rendered the assailed Resolution of January 23, 2004, dismissing the petition a quo for lack of
merit.[15 Citing Section 78 of the Omnibus Election Code,[16 the COMELEC (First Division)
opined that it only has jurisdiction to deny due course to or cancel a certificate of candidacy
exclusively on the ground that any material representation contained therein is false. It added
that, it is not at liberty to finally declare whether or not the respondent is a natural-born
Filipino.

According to the COMELEC (First Division), the evidence adduced by the petitioner, namely:

1.Certificate of Candidacy of Ronald Allan Poe also known as Fernando Poe, Jr.;
[17
2.Certificate of Birth of Ronald Allan Poe;[18
3.Sworn Statement in Spanish of one Paulita Gomez;[19 and
4.Marriage Certificate of Allan Fernando Poe and Paulita Gomez.[20

failed to show strongly and convincingly that the declaration in respondent Poes Certificate of
Candidacy as to his citizenship was a falsehood.

The COMELEC (First Division) also made a provisional finding that respondent Poe is a natural-
born Filipino. It found that his grandfather, Lorenzo Pou, was a Spanish subject who acquired
Filipino citizenship by virtue of Section 4 of the Philippine Bill of 1902.[21 There being no
evidence to show that Lorenzo Pou made a declaration to preserve his allegiance to the Crown
of Spain in accordance with Article IX of the Treaty of Paris,[22 he was held to have renounced
it and became a Filipino citizen. Consequently, Allan Fernando Poe, who was born subsequent
to his fathers acquisition of Filipino citizenship, followed Lorenzo Pous citizenship.

Regarding the petitioners claim that respondent Poe is an illegitimate child of Allan Fernando
Poe and Bessie Kelley, the COMELEC (First Division) cited Section 1, Article IV of the 1935
Constitution, the law determinative of respondent Poes citizenship, which stated that:

Sec. 1. The following are citizens of the Philippines:

1.Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution.

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