Tecson vs.

Commission on Elections

Petitioner: Maria Jeanette C. Tecson and Felix E. Desiderio

Respondents: The Commission on elctions, Ronald Allan Kelley Poe (a.k.a. Fernando Poe, Jr.) and
Victorino X. Fornier
Topic: Citizenship
Summary: COMELEC dismissed Petitions for Disqualification against FPJ on grounds that he made a
material misrepresentation in claiming to be a natural-born Filipino citizen. Petitions were filed in Court.
Two petitions were dismissed due to lack of Court’s jurisdiction. The Court ruled that the Comelec did
not act with grave abuse of discretion in dismissing the petitions, since FPJ was considered a Filipino-
born citizen.

Facts:
 On December 31, 2003, respondent Ronald Allan Kelly Poe (a.k.a. Fernando Poe, Jr.) 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 his certificate of candidacy, FPJ represented himself to be a natural-born citizen of the
Pihlippines. He stated his name to be “Fernando, Jr.” or “Ronald Allan” Poe. He indicated his
date of birth to be August 20, 1939 and his place of birth to be Manila.
 Victorino X. Fornier (petitioner in G.R. No. 161824) initiated on January 9, 2004, a petition
before the 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 claiming to be a natural-born Filipino citizen.
 According to petitioner Fornier:
o FPJ’s 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
o ILLEGITIMATE BIRTH: Allan Poe was a Filipino citizen  he could not have transmitted
his Filipino citizenship to FPJ, being an illegitimate child of an alien mother.
o Allegations of Illegitimate Birth:
1.) Allan F. Poe contracted a prior marriage to a certain Paulita Gomez before his
marriage to Bessie Kelley
2.) Even if no such prior marriage had existed, Allan F. Moe married Bessie Kelley only a
year after the birth of respondent
 On January 23, 2004, COMELEC dismissed the petition for lack of merit. Petitioner filed motion
for reconsideration, then denied.
 Petitioner assailed the decision of COMELEC before the Court conformably with Rule 64, in
relation to rule 65 of the Revised Rules of Civil Procedure.
 Petitioner prayed for a temporary restraining order, a writ of preliminary injunction or any other
resolution that would stay the finality and/or execution of the COMELEC resolutions.
 Petitions were consolidated:
1.) Challenging the jurisdiction of the Comelec
2.) Asserting that Article VII, Section 4, paragraph 7 of the 1987 constitution: only the Supreme
Court had original and exclusive jurisdiction to resolve the basic issue on the case

Issues:
1. WoN the Court has original and exclusive jurisdiction to pass upon the qualifications of
presidential candidates
 A. In G.R. No. 161824 (Fornier)
 YES
o Decisions of the Comelec on disqualification cases may be reviewed by the Supreme
Court as per Rule 64 in an action for certiorari under Rule 65 of the Revised Rules of Civil
Procedure.
o Section 7, Art IX, 1987 Constitution – “Unless otherwise provided by this Constitution or
by law, any decision, order or ruling of each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within 30 days from the receipt of a copy
thereof.”
o Section 1, Article VIII, 1987 Constitution – Judicial power is invested in one Supreme
Court and such lower courts as may be established by law which power “includes the
duty of the courts of justice to settle actual controversies involving rights which are
legally demandable and enforceable.”
o Contrary view could be gross denial in our people of their fundamental right to be
informed.
B. In GR No. 161434 (Tecson) and In GR No. 161634 (Velez)
 NO (dismissed for want of jurisdicition)
o Jurisdiction of Supreme Court would not include cases directly brought before it
questioning the qualifications of a candidate for the presidency or vice-presidency
before elections are held (Sec 4, Par. 7, 1987 Constitution)

2. WoN the COMELEC acted with grave abuse of discretion when it issued its Resolutions of
January 23, 2004 and February 6, 2004 dismissing the Petition for disqualification
 NO
o To determine, it is necessary to consider whether or not respondent FPJ is a natural-
born citizen  whether or not the father or respondent would have been a Filipino
citizen  if yes, whether or the alleged illegitimacy of respondent prevents him from
taking after Filipino citizenship of his father
a.) WoN his father, Allan F. Poe, was a Filipino citizen  Yes
 Lorenzo Pou, Allan Poe’s father, having died in 1954 at 84 years old, he would
have been born sometime in the year 1870 when the Philippines was under
Spanish rule.
 Lorenzo’s residence upon his death is in San Carlos, Pangasinan. In the absence
of evidence, it is assumed that it is his place of residence before death and as
such, he would have benefited from the “en masse Filipinization” that the
Philippine Bill effected in 1902.
 Lorenzo’s citizenship would extend to his son Allan F. Poe, father of respondent
FPJ.
b.) WoN alleged illegitimacy of respondent prevents him from taking after Filipino
citizenship of his father  No
 1935 Constitution – Confers citizenship to all persons whose fathers are Filipino
citizens regardless of whether such children are legitimate or illegitimate

3. WoN FPJ is a natural-born Filipino and therefore qualified to seek election as President of the
Republic of the Philippines
 YES
o Petitioner has utterly failed to substantiate his case before the Court, notwithstanding
ample opportunity given to the parties.
DISSENT (Carpio-Morales)

1. WoN Court has original and exclusive jurisdiction to pass upon the qualifications of presidential
candidates
A. GR Nos. 161434 and 161634
 NO (clearly premature and must be dismissed)
o Quo warranto proceeding
o (Velez) Use of term “president” – expansion of Presidential Electoral Tribunal  No,
intent of Constitutional Commissioners, appears merely to elevate status of Presidential
Electoral Tribunal
o Argued court’s ruling in Javier vs. Comelec  No, Javier involved an electoral contest
relating to serious anomalies in the conduct of an election and the canvass of election
returns, and not to a proceeding to determine the qualifications of a candidate
o Petition for certiorari under Rule 65 is not available where there is another plain, speedy
and adequate remedy
o Court not convinced of “transcendental importance”
B. GR No. 161824  YES

2. WoN Comelec acted with grave abuse of discretion when it issued its Resolutions dismissing
petition for disqualification
 YES
A. Absence of Factual Basis for Questioned COMELEC Resolutions
- does not state the facts on which the disposition of said Resolution is based
- COMELEC remained silent on what factual basis the First Division concluded at respondent
FPJ is a natural-born citizen
B. Comelec’s Jurisdiction to Determine the Citizenship of a Candidate for Election / Clarification
of pronouncement in Salcedo II
o It is apparent that COMELEC avoided reuling squarely on the issue of FPJ’s citizenship.
o Comelec resolved to dismiss petition without performing the duty to determine on the
basis of evidence whether FPJ is a “natural-born Filipino citizen.”

3. WoN FPJ is a natural-born Filipino and therefore qualified to seek election as President
 NO
o Citizenship of Lorenzo Pou  Did not acquire Filipino citizenship
- Title in the registry of deeds not proof that Lorenzo Pou resided in
Pangasinan or citizen of the Philippines
- That Lorenzo Pou was a subject of Spain and not merely a native opens
possibility that he was a native of the Spanish Peninsula
o Citizenship of Allan Poe  cannot be considered a Filipino citizen
- No evidence submitted by FPJ
- That Allan Poe was born in the Philippines is not sufficient to prove that
he was a Filipino citizen (absent a showing that he was judicially
declared to be a Filipino citizen)
o Illegitimacy of FPJ  born out of wedlock, thus illegitimate. Acquired citizenship of
legally known American mother, Bessie Kelley.