Comelec ‘take 2’ on FPJ out today?

The Commission on Elections (Comelec) may come out today with an en banc decision junking a motion for reconsideration of its ruling which dismissed a disqualification case against presidential candidate Fernando Poe Jr.

There are unconfirmed reports that the Comelec is set to promulgate its decision today to preempt maneuvering by the ruling Lakas-Christian Muslim Democrats party to overturn the decision. There is speculation that the reversal can be possible once administration-friendly commissioners are appointed by President Arroyo to replace Luzviminda Tancangco and Ralph Lantion, who are due to step down today.

The Comelec’s first division — comprised of Tancangco and Commissioners Rufino Javier and Resurreccion Borra — earlier unanimously voted to dismiss the petition filed by lawyer Victorino Fornier to disqualify Poe on the basis that he is not a natural-born Filipino as required by the Constitution.

There were reports that five of the seven Comelec commissioners had already voted to dismiss the motion for reconsideration filed by Fornier last Jan. 26, but the decision is being withheld.

First Gentleman Jose Miguel Arroyo was earlier linked to a reported plot to disqualify Poe after a television network showed a photograph of him one seat away from Fornier’s elder brother Andresito, also a lawyer. Both Mr. Arroyo and Fornier have denied the allegation.

Lantion, while refusing to confirm reports of the voting, said they may announce their final ruling on the petition by today.

"I do not want to comment on that (reports as to the voting), but we come out with a decision (today). I am not sure, maybe (today) or maybe later," he told The STAR.

Javier, in a separate interview, denied that a vote had been conducted.

"All we had was a deliberation. The report was wrong. We have not voted on it," Javier said. He refused to elaborate.

Both Javier and Lantion were rumored to be among the five who voted to dismiss the motion for reconsideration. The other three commissioners who reportedly also junked the motion were Tancangco, Borra and Mehol Sadain.

Comelec Chairman Benjamin Abalos allegedly withheld his vote while Commissioner Florentino Tuason Jr. is abroad.

Abalos could not be reached for comment yesterday.

President Arroyo appointed three of the seven commissioners — Abalos, Borra and Tuason — while the rest were installed during the time of ousted President Joseph Estrada.

On the other hand, the Koalisyon ng Nagkakaisang Pilipino (KNP) called on the Comelec to resolve the disqualification case against their standard-bearer soon to dispel growing public perception "that the Comelec has been freezing the ball while waiting for the appointment of two Palace toadies" to the poll body.

Former press secretary Rod Reyes, who heads Poe’s media bureau, issued the statement in reaction to earlier reports that the Comelec will put on hold its ruling on the motion for reconsideration and wait for the Supreme Court (SC) to render its decision on a similar disqualification case filed against Poe by a group of lawyers.

Lawyers Maria Jeannette Tecson, Felix Desiderio Jr. and Gertrudo de Leon asked the SC to nullify the Comelec’s decision to recognize the presidential candidacy of Poe on the basis that Poe is not a natural-born Filipino, but actually an American.

They said the Comelec acted with "grave abuse of discretion" when it heard the petition questioning the citizenship of Poe, since it lacked jurisdiction over the matter.

The petitioners also said the Comelec should be stopped from recognizing Poe’s candidacy. They asked the SC to order the permanent removal of Poe as a qualified candidate for president in all records of the Comelec.

Poe scored a major victory on Jan. 23 when the Comelec dismissed Fornier’s petition for lack of merit, ruling that Poe is a natural-born Filipino citizen eligible to run for president.

Fornier earlier said that he will bring the case to the Supreme Court (SC) if the Comelec does not reverse its decision.

In his petition, Fornier contended that Poe is not a natural-born Filipino citizen because his father was a Spanish subject and his mother was an American. He claims that Poe was an illegitimate child and argues that illegitimate children must take their mother’s citizenship.

The Comelec’s first division rejected Fornier’s arguments and ruled that Poe’s father, Allan Fernando Poe, was a Filipino despite his Spanish heritage.

"Legitimacy therefore is beside the point. As long as the father is a Filipino, the child will always be a Filipino," said the decision.

The Comelec said Spanish citizens had the option to retain their citizenship when Spain ceded the Philippines to the United States under the Treaty of Paris in 1898.

But Poe’s grandfather, Lorenzo Pou, did not elect to retain his Spanish citizenship and should be considered a Filipino citizen.

The poll body said Fornier should have presented proof that Lorenzo Pou intended to retain his Spanish citizenship though a declaration of allegiance to Spain before a court of record.

"Since there was no such declaration, he should be held to have adopted the nationality of the territory in which he resides," the Comelec said.