G.R. No.

161434 March 3, 2004

MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR vs. The

COMMISSION ON ELECTIONS, RONALD ALLAN KELLY POE (a.k.a. FERNANDO
POE, JR.) and VICTORINO X. FORNIER

FACTS:

On 31 December 2003, respondent Ronald Allan Kelly Poe, also known as Fernando
Poe, Jr. (hereinafter "FPJ"), filed his certificate of candidacy for the position of President
of the Republic of the Philippines under the Koalisyon ng Nagkakaisang Pilipino (KNP)
Party, in the forthcoming national elections. In his certificate of candidacy, FPJ,
representing himself to be a natural-born citizen of the Philippines, stated his name to
be "Fernando Jr.," or "Ronald Allan" Poe, his date of birth to be 20 August 1939 and his
place of birth to be Manila.

ISSUE:

WHETHER OR NOT PRIVATE RESPONDENT IS A NATURAL-BORN CITIZEN OF THE

PHILIPPINES,

RULING:

Yes, the private respondent is a natural-born citizen of the Philippines.

The Constitution provides that natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act to acquire of perfect their
Philippine citizenship.

Based on the evidence presented which the Supreme consider as viable is the fact that
the death certificate of Lorenzo Poe, father of Allan Poe, who in turn was the father of
private respondent Fernando Poe, Jr. indicates that he died on September 11, 1954 at
the age of 84 years, in San Carlos, Pangasinan. Evidently, in such death certificate, the
residence of Lorenzo Poe was stated to be San Carlos, Pangansinan. In the absence of
any evidence to the contrary, it should be sound to conclude, or at least to presume,
that the place of residence of a person at the time of his death was also his residence
before death. Considering that the allegations of petitioners are not substantiated with
proof and since Lorenzo Poe may have been benefited from the “en masse
Filipinization” that the Philippine Bill had effected in 1902, there is no doubt that Allan
Poe father of private respondent Fernando Poe, Jr. was a Filipino citizen. And, since the
latter was born on August 20, 1939, governed under 1935 Constitution, which
constitution considers as citizens of the Philippines those whose fathers are citizens of
the Philippines, Fernando Poe, Jr. was in fact a natural-born citizen of the Philippines
regardless of whether or not he is legitimate or illegitimate.
SANIDAD vs. COMELEC, 78 SCRA 333, G.R. 90878, January 29, 1990
September 02, 2021

NEITHER ARTICLE IX-C OF THE CONSTITUTION NOR SECTION 11(B), 2ND PAR. OF RA
6646 CAN BE CONSTRUED TO MEAN THAT THE COMELEC HAS ALSO BEEN GRANTED
THE RIGHT TO SUPERVISE AND REGULATE THE EXERCISE BY MEDIA PRACTITIONERS
THEMSELVES OF THEIR RIGHT TO  EXPRESSION DURING THE PLEBISCITE PERIODS.

SANIDAD vs. COMELEC, 78 SCRA 333, G.R. 90878, January 29, 1990

http://juristprudent.blogspot.com/2018/01/sanidad-vs-comelec-gr-90878-
january-29.html

Nature: This is a petition for certiorari assailing the constitutionality of Section 19 of

COMELEC Resolution No. 2167 on the ground that it violates the constitutional
guarantees of the freedom of expression and of the press.

Keywords: Freedom of expression and of the press

Summary: Section 19 of COMELEC Resolution 2167 prohibits columnist,

commentators, and announcers to use their column, radio, television time to campaign
for or against plebiscite issues on the day before and during the day of plebiscite. A
columnist named Pablito Sanidad filed a petition for prohibition and temporary
restraining order or a writ of preliminary injuction against COMELEC claiming that the
said provision violates his constitutional freedom of expression and of the press.

MEDIALDEA, J.

Facts:

- On October 23, 1989, RA 6766, entitled “AN ACT PROVIDING FOR AN ORGANIC ACT
FOR THE CORDILLERA AUTONOMOUS REGION” was enacted into law;

- Pursuant to said law, the City of Baguio and Provinces of Benguet, Abra, Mt. Province,
Ifugao and Kalinga-Apayao, all comprising the autonomous region shall take part in a
plebiscite originally scheduled for December 27, 1989 but was reset to January 30,
1990 specifically for the ratification or rejection of the said act;

- By virtue of the 1987 Constitution and the Omnibus Election Code (BP 881), the
Comelec issued Comelec Resolution No. 2167, Section 19 of which provides:

“Section 19. Prohibition on columnist, commentators or announcers.- During the

plebiscite campaign period, on the day before and on plebiscite day, no mass media
columnist, commentator, announcer or personality shall use his column or radio or
television time to campaign for or against the plebiscite issues.”

 
- On November 20, 1989, petitioner PABLITO V. SANIDAD who is a columnist
(“OVERVIEW”) for the Baguio Midland Courier, a weekly newspaper circulated in the
City of Baguio and the Cordilleras, filed a petition for Prohibition with prayer for the
issuance of a temporary restraining order or a writ of preliminary injunction against the
Comelec to enjoin the latter from enforcing Section 19 of resolution No. 2167. Petitioner
claims that the said provision is violative of his constitutional freedom of expression and
of the press and it also constitutes a prior restraint because it imposes subsequent
punishment for those who violate the same;

 - On November 28, 1989, the Supreme Court issued a temporary restraining order
enjoining the respondent from enforcing Section 19 of Resolution No. 2167;

 - On January 9, 1990, Comelec through the Solicitor General filed its Comment and
moved for the dismissal of the petition on the ground that Section 19 of Resolution No.
2167 does not absolutely bar the petitioner from expressing his views because under
Section 90 and 92 of BP 881, he may still express his views or campaign for or against
the act through the Comelec space and airtime.

 Issue: Whether or not Section 19 of resolution No. 2167 is violative of the

constitutional freedom of expression and of the press

 Held: YES. What is granted by Art. IX-C of the Constitution to the Comelec is the

power to supervise and regulate the use and enjoyment of franchises, permits or other
grants issued for the operation of transportation or other public utilities to the end that
equal opportunity, time and space, and the right to reply, including reasonable, equal
rates therefor, for public information campaigns and forums among candidates are
insured. The evil sought to be prevented by this provision is the possibility that a
franchise holder may favor or give undue advantage to a candidate in terms of
advertising time and space. This is also the reason why a columnist, commentator or
announcer is required to take a leave of absence from his work during the campaign
period if he is a candidate.

 HOWEVER, NEITHER ARTICLE IX-C OF THE CONSTITUTION NOR SECTION

11(B), 2ND PAR. OF RA 6646 CAN BE CONSTRUED TO MEAN THAT THE
COMELEC HAS ALSO BEEN GRANTED THE RIGHT TO SUPERVISE AND
REGULATE THE EXERCISE BY MEDIA PRACTITIONERS THEMSELVES OF
THEIR RIGHT TO  EXPRESSION DURING THE PLEBISCITE PERIODS. Media
practitioners exercising their freedom of expression during the plebiscite periods are
neither the franchise holders nor the candidates. In fact, there are no candidates in a
plebiscite.

 While it is true that the petitioner is not absolutely barred from campaigning for or
against the Organic Act, said fact does not cure the constitutional infirmity of Section
19, Comelec Resolution No. 2167. This is so because IT IS STILL A RESTRICTION
ON HIS CHOICE OF THE FORUM WHERE HE MAY EXPRESS HIS VIEW.

Plebiscite issues are matters of public concern and importance. The people’s
right to be informed and to be able to freely and intelligently make a decision
would be better served by access to an unabridged discussion of the issues,
INCLUDING THE FORUM. The people affected by the issues presented in a
plebiscite should not be unduly burdened by restrictions on the forum where
the right to expression may be exercised.

Ruling: ACCORDINGLY, the instant petition is GRANTED. Section 19 of Comelec

Resolution No. 2167 is declared null and void and unconstitutional. The
restraining order herein issued is hereby made permanent.
 ALEJANDRO ESTRADA, petitioner v. SOLEDAD S. ESCRITOR, respondent
A.M. No. P-02-1651      August 4, 2003

Facts:

Escritor is a court interpreter since 1999 in the RTC of Las Pinas City. She has been
living with Quilapio, a man who is not her husband, for more than twenty five years and
had a son with him as well. Respondent’s husband died a year before she entered into
the judiciary while Quilapio is still legally married to another woman.

Complainant Estrada requested the Judge of said RTC to investigate respondent.

According to complainant, respondent should not be allowed to remain employed
therein for it will appear as if the court allows such act.

Respondent claims that their conjugal arrangement is permitted by her religion—the

Jehovah’s Witnesses and the Watch Tower and the Bible Trace Society. They allegedly
have a ‘Declaration of Pledging Faithfulness’ under the approval of their congregation.
Such a declaration is effective when legal impediments render it impossible for a couple
to legalize their union.

Issue:

Whether or Not the State could penalize respondent for such conjugal arrangement.

Held:

No. The State could not penalize respondent for she is exercising her right
to freedom of religion. The free exercise of religion is specifically articulated as one of
the fundamental rights in our Constitution. As Jefferson put it, it is the most inalienable
and sacred of human rights. The State’s interest in enforcing its prohibition cannot be
merely abstract or symbolic in order to be sufficiently compelling to outweigh a free
exercise claim. In the case at bar, the State has not evinced any concrete interest
in enforcing the concubinage or bigamy charges against respondent or her
partner. Thus the State’s interest only amounts to the symbolic preservation
of an unenforced prohibition. Furthermore, a distinction between public and
secular morality and religious morality should be kept in mind. The
jurisdiction of the Court extends only to public and secular morality.

The Court further states that our Constitution adheres the benevolent neutrality
approach that gives room for accommodation of religious exercises as required by the
Free Exercise Clause. This benevolent neutrality could allow for accommodation of
morality based on religion, provided it does not offend compelling state interests.
Assuming arguendo that the OSG has proved a compelling state interest, it has to
further demonstrate that the state has used the least intrusive means possible so that
the free exercise is not infringed any more than necessary to achieve the legitimate
goal of the state. Thus the conjugal arrangement cannot be penalized for it constitutes
an exemption to the law based on her right to freedom of religion.
KAREN E. SALVACION v. CENTRAL BANK OF PHILIPPINES, GR No. 94723,
1997-08-21
Facts:
On February 4, 1989, Greg Bartelli y Northcott, an American tourist, coaxed and lured
petitioner Karen Salvacion, then 12 years old to go with him to his apartment. Therein,
Greg Bartelli detained Karen Salvacion for four days, or up to February 7, 1989 and was
able to rape the... child once on February 4, and three times each day on February 5, 6,
and 7, 1989. On February 7, 1989, after policemen and people living nearby, rescued
Karen, Greg Bartelli was arrested and detained at the Makati Municipal Jail. The
policemen recovered from Bartelli the... following items: 1.) Dollar Check No. 368,
Control No. 021000678-1166111303, US 3,903.20; 2.) COCOBANK Bank Book No. 104-
108758-8 (Peso Acct.); 3.) Dollar Account China Banking Corp., US $/A#54105028-2;
4.) ID-122-30-8877; 5.) Philippine Money (P234.00) cash; 6.) Door Keys 6... pieces; 7.)
Stuffed Doll (Teddy Bear) used in seducing the complainant.
On March 1, 1989, the Deputy Sheriff of Makati served a Notice of Garnishment on
China Banking Corporation. In a letter dated March 13, 1989 to the Deputy Sheriff of
Makati, China Banking Corporation invoked Republic Act No. 1405 as its answer to the
notice of garnishment served... on it. On March 15, 1989, Deputy Sheriff of Makati
Armando de Guzman sent his reply to China Banking Corporation saying that the
garnishment did not violate the secrecy of bank deposits since the disclosure is merely
incidental to a garnishment properly and legally made by... virtue of a court order which
has placed the subject deposits in custodia legis. In answer to this letter of the Deputy
Sheriff of Makati, China Banking Corporation, in a letter dated March 20, 1989, invoked
Section 113 of Central Bank Circular No. 960 to the effect that the... dollar deposits of
defendant Greg Bartelli are exempt from attachment, garnishment, or any other order
or process of any court, legislative body, government agency or any administrative
body, whatsoever.
Issues:
This prompted the counsel for petitioners to make an inquiry with the Central Bank in a
letter dated April 25, 1989 on whether Section 113 of CB Circular No. 960 has any
exception or whether said section has been repealed or amended since said section has
rendered nugatory the... substantive right of the plaintiff to have the claim sought to be
enforced by the civil action secured by way of the writ of preliminary attachment as
granted to the plaintiff under Rule 57 of the Revised Rules of Court.
Ruling:
In fine, the application of the law depends on the extent of its justice. Eventually, if we
rule that the questioned Section 113 of Central Bank Circular No. 960 which exempts
from attachment, garnishment, or any other order or process of any court. Legislative
body, government... agency or any administrative body whatsoever, is applicable to a
foreign transient, injustice would result especially to a citizen aggrieved by a foreign
guest like accused Greg Bartelli. This would negate Article 10 of the New Civil Code
which provides that "in case of doubt in... the interpretation or application of laws, it is
presumed that the lawmaking body intended right and justice to prevail. "Ninguno non
deue enriquecerse tortizerzmente con damo de otro." Simply stated, when the statute is
silent or ambiguous, this is one of those fundamental... solutions that would respond to
the vehement urge of conscience. (Padilla vs. Padilla, 74 Phil. 377)
It would be unthinkable, that the questioned Section 113 of Central Bank No. 960 would
be used as a device by accused Greg Bartelli for wrongdoing, and in so doing,
acquitting the guilty at the expense of the innocent.
IN VIEW WHEREOF, the provisions of Section 113 of CB Circular No. 960 and PD No.
1246, insofar as it amends Section 8 of R.A. 6426 are hereby held to be INAPPLICABLE
to this case because of its peculiar circumstances. Respondents are hereby REQUIRED
to
COMPLY with the writ of execution issued in Civil Case No. 89-3214, "Karen Salvacion,
et al. vs. Greg Bartelli y Northcott, by Branch CXLIV, RTC Makati and to RELEASE to
petitioners the dollar deposit of respondent Greg Bartelli y Northcott in such... amount
as would satisfy the judgment.
SO ORDERED.
Principles:
The Court has no original and exclusive jurisdiction over a petition for declatory relief.
[2] However, exceptions to this rule have been recognized. Thus, where the petition
has far-reaching implications and raises questions that should be resolved, it may... be
treated as one for mandamus.[3]
Here is a child, a 12-year old girl, who in her belief that all Americans are good and in
her gesture of kindness by teaching his alleged niece the Filipino language as requested
by the American, trustingly went with said stranger to his apartment, and there she was
raped by... said American tourist Greg Bartelli. Not once, but ten times. She was
detained therein for four (4) days. This American tourist was able to escape from the
jail and avoid punishment. On the other hand, the child, having received a favorable
judgment in the Civil Case for damages... in the amount of more than P1,000,000.00,
which amount could alleviate the humiliation, anxiety, and besmirched reputation she
had suffered and may continue to suffer for a long, long time; and knowing that this
person who had wronged her has the money, could not, however get... the award of
damages because of this unreasonable law. This questioned law, therefore makes futile
the favorable judgment and award of damages that she and her parents fully deserve.
As stated by the trial court in its decision
If Karen's sad fate had happened to anybody's own kin, it would be difficult for him to
fathom how the incentive for foreign currency deposit could be more important than his
child's right to said award of damages; in this case, the victim's claim for damages from
this alien who... had the gall to wrong a child of tender years of a country where he is
mere visitor. This further illustrates the flaw in the questioned provisions.
It is worth mentioning that R.A. No. 6426 was enacted in 1983 or at a time when the
country's economy was in a shambles; when foreign investments were minimal and
presumably, this was the reason why said statute was enacted. But the realities of the
present times show that the... country has recovered economically; and even if not, the
questioned law still denies those entitled to due process of law for being unreasonable
and oppressive. The intention of the questioned law may be good when enacted. The
law failed to anticipate the inquitous effects... producing outright injustice and
inequality such as as the case before us.