Article IV, Section 2: Citizenship

MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR., petitioners, vs. The COMMISSION ON ELECTIONS,
RONALD ALLAN KELLY POE (a.k.a. FERNANDO POE, JR.) and VICTORINO X. FORNIER, respondents.
3 March 2004 G.R. No. 161434 VITUG, J.
Recit-Ready
1. FPJ filed his certificate of candidacy (COC) for the position of President.
2. He represented himself to be a natural-born Filipino citizen.
3. Fornier filed a petition to disqualify FPJ and cancel his COC due to misrepresentation because FPJ, allegedly,
was the son of an American mother (Bessie) and a Spanish father (Allan).
4. Fornier also alleged that even assuming that Allan was a Filipino, he could not have transmitted his citizenship
to FPJ because the latter is the illegitimate son of an alien mother.
5. W/N PJ is a natural-born citizen? – YES.
a. Lorenzo Pou, FPJ’s paternal grandfather, died in 1954, at the age of 84 years, in San Carlos,
Pangasinan.
b. It could thus be assumed that he was born sometime in the year 1870 when the Philippines was still a
colony of Spain.
c. In the absence of any other evidence, San Carlos could have well been his place of residence before
death, such that he would have benefited from the en masse Filipinization that the Philippine Bill
had effected in 1902.
d. His citizenship, would thereby extend to his son, Allan, father of respondent FPJ.
e. The 1935 Constitution, during which regime FPJ was born, confers citizenship to all persons whose
fathers are Filipino citizens regardless of whether such children are legitimate or illegitimate.
6. W/N FPJ’s illegitimacy prevent the transmission of citizenship? – NO.
a. The 1935 Constitution, which was in effect at the time of FPJ’s birth, clearly states that among the
citizens of the Philippines are those whose fathers are citizens of the Philippines.
b. There is no distinction between legitimate and illegitimate children.
c. Although there were previous cases, where the SC regarded an illegitimate child as taking after the
citizenship of its mother, this was to ensure a Filipino nationality for the illegitimate child of an alien
father with the assumption that the mother had custody.
d. It was to help the child, not to prejudice or discriminate against him.
Provisions/Concepts/Doctrines and How Applied to the Case
What is the citizenship of an illegitimate child of a Filipino father and an alien mother? FILIPINO, if paternity is clear,
because of jus sanguinis, which makes no distinction between legitimate and illegitimate children.
FACTS
At the core of this case are consolidated petitions impugning the validity of the certificate of candidacy of FPJ on the
ground of a material misrepresentation on his citizenship.
1. Respondent Ronald Allan Kelly Poe, also known as Fernando Poe, Jr. (or, FPJ) filed his certificate of candidacy
for the position of President of the Republic of the Philippines under the Koalisyon ng Nagkakaisang Pilipino
(or, KNP) Party for the 2004 national elections.
2. 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.
3. Petitioner Victorino Fornier initiated a petition before COMELEC to disqualify FPJ and to deny due course or to
cancel his certificate of candidacy upon the thesis that FPJ made a material misrepresentation in his certificate
of candidacy by claiming to be a natural-born Filipino citizen when in truth, according to Fornier, his parents
were foreigners; his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish
national, being the son of Lorenzo Pou, a Spanish subject.
4. It was alleged that, granted that Allan Poe was a Filipino citizen, he could not have transmitted his Filipino
citizenship to FPJ, the latter being an illegitimate child of an alien mother. Fornier based the allegation of the
illegitimate birth of respondent on two assertions:
a. Allan Poe contracted a prior marriage to a certain Paulita Gomez before his marriage to Bessie Kelley;
b. Even if no such prior marriage had existed, Allan Poe, married Bessie Kelley only a year after the birth
of FPJ.
5. COMELEC dismissed the case for lack of merit. Three days later, Fornier filed his motion of reconsideration,
which was denied. Fornier then assailed the decision of COMELEC before the Supreme Court.
6. The other petitions consolidated include petitioners Maria Jeanette Tecson and Felix Desiderio as well as a
Zoilio Velez.
ISSUE/S (relevant to the syllabus)
W/N FPJ is a natural-born citizen? – YES.
W/N illegitimacy prevents the transmission of citizenship from father to child? – NO.
 RULING (include how the law was applied)
1. The death certificate of Lorenzo Pou, FPJ’s paternal grandfather, would indicate that he died on 11 September
1954, at the age of 84 years, in San Carlos, Pangasinan. It could thus be assumed that he was born sometime
in the year 1870 when the Philippines was still a colony of Spain.
2. In the absence of any other evidence, San Carlos could have well been his place of residence before death,
such that he would have benefited from the en masse Filipinization that the Philippine Bill had (aka Philippine
Organic Act of 1902) effected in 1902.
3. Under the organic act, a citizen of the Philippines was one who was an inhabitant of the Philippines, and a
Spanish subject on the 11th day of April 1899.
4. That citizenship Lorenzo, if acquired, would thereby extend to his son, Allan F. Poe, father of respondent FPJ.
The 1935 Constitution, during which regime FPJ was born, confers citizenship to all persons whose fathers are
Filipino citizens regardless of whether such children are legitimate or illegitimate.
5. In this case, a duly notarized declaration made by the sister of Bessie Kelley Poe, FPJ’s mother, was accepted
as evidence to prove the acts of Allan recognizing his own paternal relationship with FPJ, such as living
together in one house and as one family.
6. Petitioner contended that as an illegitimate child, FPJ followed the citizenship of his mother, Bessie Kelley, an
American citizen, basing his stand on the ruling of this Court in previous cases. However, the SC noted that
where jurisprudence regarded an illegitimate child as taking after the citizenship of its mother, it did so for the
benefit the child. It was to ensure a Filipino nationality for the illegitimate child of an alien father in line with
the assumption that the mother had custody, would exercise parental authority and had the duty to support
her illegitimate child. It was to help the child, not to prejudice or discriminate against him.
7. What’s important is that the 1935 Constitution, the fundamental law prevailing on the day, month and year of
birth of respondent FPJ, clearly states that among the citizens of the Philippines are those whose fathers are
citizens of the Philippines. There is no distinction between legitimate and illegitimate children.
DISPOSITIVE
WHEREFORE, the Court RESOLVES to DISMISS —
1. G.R. No. 161434, entitled "Maria Jeanette C. Tecson and Felix B. Desiderio, Jr., Petitioners, versus
Commission on Elections, Ronald Allan Kelley Poe (a.k.a. "Fernando Poe, Jr.,) and Victorino X. Fornier,
Respondents," and G.R. No. 161634, entitled "Zoilo Antonio Velez, Petitioner, versus Ronald Allan Kelley Poe,
a.k.a. Fernando Poe, Jr., Respondent," for want of jurisdiction.
2. G.R. No. 161824, entitled "Victorino X. Fornier, Petitioner, versus Hon. Commission on Elections and Ronald
Allan Kelley Poe, also known as Fernando Poe, Jr.," for failure to show grave abuse of discretion on the part of
respondent Commission on Elections in dismissing the petition in SPA No. 04-003.
ADDITIONAL