G.R. No.

161434

March 3, 2004

MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR. vs.COMELEC, FPJ and VICTORINO X.
FORNIER,

G.R. No. 161634

March 3, 2004

ZOILO ANTONIO VELEZ vs.FPJ

G. R. No. 161824

March 3, 2004

VICTORINO X. FORNIER, vs. HON. COMMISSION ON ELECTIONS and FPJ

Facts:
Petitioners sought for respondent Poes disqualification in the presidential elections for having allegedly misrepresented material
facts in his (Poes) certificate of candidacy by claiming that he is a natural Filipino citizen despite his parents both being
foreigners. Comelec dismissed the petition, holding that Poe was a Filipino Citizen. Petitioners assail the jurisdiction of the
Comelec, contending that only the Supreme Court may resolve the basic issue on the case under Article VII, Section 4,

paragraph 7, of the 1987 Constitution.

Issue:
Whether or not it is the Supreme Court which had jurisdiction.
Whether or not Comelec committed grave abuse of discretion in holding that Poe was a Filipino citizen.
Ruling:
1.) The Supreme Court had no jurisdiction on questions regarding qualification of a candidate for the presidency
or vice-presidency before the elections are held.
"Rules of the Presidential Electoral Tribunal" in connection with Section 4, paragraph 7, of the 1987
Constitution, refers to contests relating to the election, returns and qualifications of the "President" or "VicePresident", of the Philippines which the Supreme Court may take cognizance, and not of "candidates" for
President or Vice-President before the elections.
2.) Comelec committed no grave abuse of discretion in holding Poe as a Filipino Citizen.
The 1935 Constitution on Citizenship, the prevailing fundamental law on respondents birth, provided
that among the citizens of the Philippines are "those whose fathers are citizens of the Philippines."

Tracing respondents paternal lineage, his grandfather Lorenzo, as evidenced by the latters death certificate
was identified as a Filipino Citizen. His citizenship was also drawn from the presumption that having died in
1954 at the age of 84, Lorenzo would have been born in 1980. In the absence of any other evidence, Lorenzos
place of residence upon his death in 1954 was presumed to be the place of residence prior his death, such that
Lorenzo Pou would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in
1902. Being so, Lorenzos citizenship would have extended to his son, Allan---respondents father.
Respondent, having been acknowledged as Allans son to Bessie, though an American citizen, was a Filipino
citizen by virtue of paternal filiation as evidenced by the respondents birth certificate. The 1935 Constitution on

citizenship did not make a distinction on the legitimacy or illegitimacy of the child, thus, the allegation of
bigamous marriage and the allegation that respondent was born only before the assailed marriage had no
bearing on respondents citizenship in view of the established paternal filiation evidenced by the public
documents presented.
But 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 in violation of
Section 78, in relation to Section 74 of the Omnibus Election Code.