Documents versus FPJ authentic

Fernando Poe Jr.’s presidential bid may suffer a setback after the head of the National Archives told the Commission on Elections (Comelec) yesterday that documents support claims made in a petition questioning Poe’s citizenship.

Archives director Ricardo Manapat told a hearing on the petition that microfilmed documents in their Records Management and Archives Office show that Poe’s mother was an American and his father was a Spanish citizen, as claimed by a lawyer seeking to disqualify the opposition front-runner.

The Constitution states that only natural-born Filipino citizens may run for president. The Charter defines "natural-born citizens" as citizens of the Philippines from birth "without having to perform any act to acquire or perfect their Philippine citizenship."

It was not clear when the Comelec will rule on the petition. If he loses the case, Poe, 64, may ask the Comelec to reconsider. He may bring the case to the Supreme Court.

Commissioner Rufino Javier, head of the Comelec’s first division, gave both sides two days to submit their position papers before making a ruling.

In his petition seeking Poe’s disqualification, lawyer Victorino Fornier presented documents showing that Poe’s father, Allan Fernando Poe, was a Spanish citizen when he married American Bessie Kelley.

Poe should take his mother’s citizenship because he was born out of wedlock, Fornier claims, producing a document showing that Poe Sr. was still married to a certain Paulita Gomez, who was supposedly a Spanish citizen.

Under the law, legitimate children should take the citizenship of the father.

At best, Poe should be a naturalized Filipino citizen, Fornier says.

Under questioning by Javier, Manapat vouched for the documents’ authenticity.

The National Archives is the nation’s repository of historical documents as well birth and marriage certificates.

"We have established our case. As you can see, they (Poe’s camp) came up with documents which have no probative value at all," Fornier told reporters after the hearing.

Poe’s camp, however, questioned the authenticity of the documents pertaining to Poe Sr.’s marriage to Gomez.

Poe’s lawyer, former solicitor general Estelito Mendoza, insisted his client "has all the qualifications" to be head of state, and sought to dismiss the case.

Mendoza presented documents including the military record of Poe’s father, Poe’s passport, the birth certificates of his siblings and land titles.

He said one’s citizenship should be based on the country of birth, and that Poe was born in the Philippines.

Poe’s father was a Filipino, although his grandfather was a Spanish subject when the Philippines was a Spanish colony, Mendoza argued.

Mendoza also charged that Manapat was acting on Malacañang’s behest, pointing out that he was appointed to the National Archives by President Arroyo only two months ago. The President appoints the head of the archives.

"His testimony is incredible. Never mind that he is an appointee of the incumbent president," Mendoza later told reporters.

He said one Estrella Domingo, who headed the archives section when Manapat was on leave, told them that the archives had no documents to show that Poe was ever married to Gomez.

Manapat countered that his subordinate was referring to their physical records or files of actual documents, while Fornier’s documents came from the microfilm section.

Poe spokesman Rod Reyes said earlier that the allegation against Poe came from Mrs. Arroyo’s camp and was intended to derail Poe’s presidential bid.

Poe supporters accuse Fornier of acting on Malacañang’s orders. Fornier insisted the petition was his own initiative and that he only wanted to set the record straight.

Dozens of Poe supporters carrying placards and banners marched to the Comelec demanding a dismissal of the petition but were ordered back by a squad of riot policemen armed with batons and shields.

They staged a noisy but peaceful rally in front of the Manila Cathedral just across the street.

"The citizenship case filed against FPJ is nothing but a nuisance suit meant to harass and taint the top presidential contender for the upcoming elections," the Kilusan para sa Makatarungang Lipunan at Gobyerno, a pro-Poe group, said in a statement.

"Why is the administration orchestrating the disqualification of FPJ in the 2004 elections? Is President Arroyo afraid to face FPJ in the electoral arena?"

Mrs. Arroyo’s campaign spokesman, Michael Defensor, denied the charge.

Poe is a high school dropout who often played the underdog in his movies.

Although he has never held office before, he is considered a serious threat to Arroyo because of his popularity, particularly with the poor, who voted overwhelmingly for his close friend and fellow actor, disgraced ex-President Joseph Estrada, in 1998.

Poe has tapped support from a big slice of Filipino voters who live in poverty. They admire his action hero status and it is unclear how they might react if a technicality ended his candidacy.

Poe supporters earlier threatened to stage protests if their idol is disqualified from the presidential race. — With AP