Tecson v.
Comelec According to Fornier, FPJ was not a natural born Filipino citizen because:
March 2004 | Vitug, J. | Children of Filipino Mothers or Fathers
PETITIONER: Maria Jeanette Tecson and Felix Desiderio
RESPONDENTS: COMELEC, FPJ, and Victorino Fornier
SUMMARY: FPJ filed a certificate of candidacy (COC) for the 2004
Presidential elections. The COC stated that FPJ was a natural born citizen, to
which the petitioners herein objected to. Petitioners claim that FPJ actively
misrepresented his citizenship in the COC and filed for FPJ’s disqualification in
COMELEC.
The matter was elevated to the SC who then ruled that FPJ was born during the
time when the 1935 Constitution was the prevailing fundamental law of the land
and under such rule, those whose fathers are Filipino citizens are also Filipino
citizens. There was a preponderance of evidence in favor of FPJ’s natural born
status, hence, the petition was dismissed.
DOCTRINE:
Under the 1935 Constitution, all persons whose fathers are Filipino citizens,
regardless of whether they are legitimate or illegitimate, are also conferred with
citizenship.
FACTS:
There are three consolidated petitions in this case but the only relevant one
here is Fornier’s. The other two involve the jurisdiction of the SC on
matters pertaining to election protests and the determination of the presence
of active misrepresentation on FPJ’s COC.
1. In 2003, Ronald Allan Kelly Poe (FPJ), filed his COC for the
position of President under Koalisyon ng Nagkakaisang Pilipino.
2. His certificate stated that he was a natural born citizen of the
Philippines, his birth date was Aug. 20, 1939, and birth place
Manila.
3. Victorino Fornier (Fornier) initiated before the COMELEC, a
petition to disqualify FPJ upon the thesis that FPJ made a material
misrepresentation in his certificate.
a. His parents were foreigners: Mother was American, Father was a
Spanish National because his father’s father was a Spanish subject.
b. Even if FPJ’s father was actually Filipino, his father’s citizenship
could not be transferred to him since he was an illegitimate child.
Illegitimate because:
a. Fernando Poe Sr. (Sr.) allegedly married a certain Paulita
Gomez prior to marrying Bessie Kelley, FPJ’s mother); or
b. Even if no prior marriage, FPJ was born a year before Sr.
married Bessie.
Fornier submitted certified copies and photocopies of public documents and
affidavits such as the birth certificate of FPJ, a statement of Paulita attesting
she had filed a case for bigamy and concubinage against Sr., etc.
4. FPJ, on his part, submitted 22 documentary pieces of evidence,
including, his birth certificate, his grandfather’s death certificate, a
copy of the marriage contract between his parents, and an affidavit
by Bessie’s sister, testifying that Sr., Bessie, Bessie’s sister, and
the children of the Poes (including FPJ) all lived together for a
period of time until the liberation of Manila in Malate.
5. COMELEC dismissed Fornier’s petition. Fornier filed a motion for
reconsideration but was also dismissed, hence this petition
assailing the decision of the COMELEC.
ISSUE:
1. W/N FPJ is a natural born Filipino citizen – YES.
Natural born citizens are those who are citizens of the Philippines from
birth without having to perform any act to acquire or perfect their Philippine
citizenship.
Determining w/n FPJ is a natural born citizen is dependent on asking
whether or not the Poe Sr., would have himself been a Filipino citizen and,
if yes, whether or not the alleged illegitimacy of FPJ prevents him from
taking after the Filipino citizenship of his putative father.
Any conclusion on the Filipino citizenship of Lorenzo Pou (FPJ’s
grandfather) could only be drawn 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 well been his place of residence before interest/welfare of the child. There could be no justifiable reason for punishing a
death, such that Lorenzo Pou would have benefited from the "en masse child for the illicit relations of his parents.
Filipinization" that the Philippine bill had effected in 1902. That citizenship
of Pou, if acquired, would thereby extend to his son, Allan F. Poe, father of
respondent FPJ. The 1935 Constitution, during which regime respondent
RULING: Petition DISMISSED.
FPJ has seen first light, confers citizenship to all persons whose fathers
are Filipino citizens regardless of whether such children are legitimate
or illegitimate.

While the totality of the evidence may not establish conclusively that
respondent FPJ 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, as so ruled in Romualdez-Marcos vs.
COMELEC, 48 must not only be material, but also deliberate and willful.

(MIGHT BE) IMPORTANT TO NOTE:

 The birth certificate of FPJ was not signed by his father. Under the Civil
Code, an illegitimate child will only be considered as acknowledged by his father
through the birth certificate if such has been signed by him. However, the Court
held that the Civil Code should be deemed independent from this matter. SC said
that the Civil Code cannot categorically be said to be controlling on political rights
as well. So it should be understood that the provisions on citizenship under the
civil code are more concerned of private and family affairs rather than political
rights.

 Fornier tried to invoke a slew of jurisprudence to support his claim that

FPJ’s alleged illegitimacy hinders him from benefitting from his Father’s Filipino
citizenship but the cases were revealed by Fr. Bernas to not be controlling with
regard to the illegitimacy thing since they were mostly obiter dicta or not
applicable to this case for having different facts. But the main ratio of disregarding
illegitimacy in the determination of citizenship is considering the best