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TECSON V. COMELEC G.R. No. 151434, 3 March 2004 VITUG, J.

FACTS:

31 December 2003respondent Ronald Allan Kelly Poe, a.k.a. Fernando Poe, Jr. (FPJ), filed candidacy for the position of Philippine President under Koalisyon ng Nagkakaisang Pilipino (KNP) Party. In his certificate of candidacy, FPJ represented himself to be a natural-born citizen of the Philippines with a birth date of 20 Aug 1939, and Manila as birth place. Various petitioners including Victoriano X. Fornier sought FPJs disqualification on the contention that he made material misrepresentation of being natural-born citizen when in fact both his parents were foreigners; his mother an American and his father, a Spanish national. Petitioners motion was dismissed by Comelec en banc. Fornier filed motion for reconsideration but was again denied. As a result, he assailed the decision before the Supreme Court through Article 7, Sec 4, Par 7 of the 1987 Constitution, which states that only the Supreme Court has original and exclusive jurisdiction to resolve the basic issue on the case. Whether or not FPJ was a natural-born Filipino citizen and was qualified to run for the position of Philippine President.

ISSUE:

DECISION: Evidence does not establish conclusively FPJs citizenship but the evidence preponderates in his favor to hold that he could not be guilty of misrepresentation in his certificate of candidacy. Fornier v. COMELEC DISMISSED for failure to show grave abuse of discretion on the part of the COMELEC for dismissing the original petition. Tecson v. COMELEC and Velez v, Poe DISMISSED for want of jurisdiction. RATIONALE: 1987 Constitution aimed to correct irregular situation generated by the questionable proviso in the 1935 Constitution outlined in Article 4, Sec. 1 that the following are Filipino citizens: o Those who are citizens of the Phil. upon adoption of this Constitution o Those whose parents are citizens of the Philippines (Jus Sanguinis) o Those born before January 17, 1973 of Filipino mothers who elect Philippine citizenship upon reaching age of majority o Those who are naturalized in accordance with law. The public documents submitted are deemed trustworthy. There is no jurisprudence to prove that an illegitimate child cannot inherit his fathers citizenship.

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