SC seeks experts’ opinion

Four legal experts were asked yesterday to give their opinions on the disqualification case against presidential candidate Fernando Poe Jr. in oral arguments next week before the Supreme Court.

The tribunal has invited as amici curiae or "friends of the court" retired Supreme Court justice Vicente Mendoza, former constitutional commissioner Joaquin Bernas, former University of the Philippines College of Law dean Merlin Magallona and UP law professor Ruben Balane.

The Supreme Court has set for oral arguments at 1 p.m. on Feb. 19 the three petitions seeking to disqualify Poe from running for president.

The three petitions were filed separately by lawyers Maria Jeanette Tecson, Felix Desiderio Jr. and Gertrudo de Leon, Zoilo Antonio, and Victorino Fornier.

Poe and the Commission on Elections (Comelec) were given until Monday to answer all three petitions.

Tecson, Desiderio, De Leon, Antonio and Fornier asked the tribunal to assume jurisdiction over the cases questioning Poe’s citizenship, and to disqualify him from taking part in the presidential elections for not being a natural-born Filipino.

Tecson, Desiderio, De Leon and Antonio said Poe was an illegitimate child who must follow the US citizenship of his mother because he was born out of wedlock.

Poe’s parents — Allan Fernando Poe and Bessie Kelley — were married on Sept. 16, 1940, a year after he was born on Aug. 20, 1939, they added.

On the other hand, Fornier said Poe is not a natural-born Filipino because he is an illegitimate child, and that his father was a Spaniard, who was previously married to a certain Paulita Gomez in 1936.

Being bigamous, the marriage of Poe’s parents was void, and that he should have followed the citizenship of his American mother, he added.

The five petitioners asked the Supreme Court to stop the Comelec from recognizing Poe as a presidential candidate.

However, Poe’s counsel, Estelito Mendoza said the Court must dismiss all three petitions for lack of jurisdiction.

The Constitution and election laws prohibit the filing of these kind of cases before the elections, he added.

Mendoza said he had refused to "address" the issues raised by petitioners because the tribunal has no jurisdiction to act on them.

The Comelec had already dismissed the petitions, and that the Supreme Court could no longer take cognizance of them, he added.

Mendoza also assailed the legal standing of petitioners since they are not the aggrieved parties in Poe’s case.

Meanwhile, Senate President Franklin Drilon asked Poe’s supporters yesterday to respect the rule of law should the Supreme Court rule that their standard -bearer is not a natural-born Filipino.

"My information is that the Supreme Court will resolve the citizenship (of Poe) in the next 30 days," he said.

"I would urge the camp of Fernando Poe Jr. to respect the rule of law as they have expressed and praised the Comelec when the Comelec decided that Poe is qualified to run," he said.

Drilon said "certain opposition leaders" have been warning of civil disorder if the Supreme Court disqualifies Poe from running for president.

"All these warnings of civil disorder should the Supreme Court disqualify FPJ have no place in our democratic society," he said.

"We are a government of laws, and not of men. I would appeal to the opposition to look at this without passion."

Drilon said the Supreme Court is the proper forum for the disqualification case against Poe, and that it could review the Comelec’s ruling allowing him to run in the May 10 elections.

"The Comelec decision is not the final word in this issue," he said. "The Comelec’s resolution on Poe’s disqualification is reviewable by the Supreme Court."

Drilon said the Constitution empowers the tribunal to review the decisions of administrative and quasi-judicial bodies.

"This a question of law, and the Supreme Court has jurisdiction over this case," he said. "It must resolve the citizenship issue of Fernando Poe Jr., and it is in our national interest that it be resolved as soon as possible."

This is the second time that the Supreme Court has invited amici curiae to discuss a highly sensitive and controversial case.

Last November, the court also asked legal experts to give their opinions on whether the second impeachment complaint against Chief Justice Hilario Davide Jr. was constitutional.

Tecson and Desiderio asked the Supreme Court last Jan. 22 to take cognizance of Poe’s citizenship case, saying that the High Court and not the Comelec has jurisdiction over it.

Earlier, the Comelec dismissed a petition of lawyer Victor Fornier to disqualify Poe from the presidential race, alleging that he is not a natural-born Filipino.

The poll body found no merit in Fornier’s complaint.

Tecson said Poe’s citizenship did not arise from birth, and that he could not have been a natural-born Filipino.

"(Under the old civil code, a child born out of wedlock has to be) acknowledged by his father or the illegitimate child has to file a petition in court to compel his father to acknowledge him so that he could follow his name (for him to be legitimized)," she said.

Until now there is no evidence to show that Poe was recognized by his father, or that he has filed a petition in court to compel his father to acknowledge him. she added.

In filing their petition, Tecson and Desiderio said that based on his birth certificate and the marriage contract of his parents, Poe is not a natural-born Filipino, which is a requirement for a presidential candidate.

Velez, president of the Misamis Oriental-Cagayan de Oro chapter of the Integrated Bar of the Philippines, said only the Supreme Court can settle the issue on whether Poe is a natural-born Filipino.

"The issue is not political, and is not intended as claimed by some, to harass the respondent ... it is a constitutional question that has serious implications," he said.

Under the Constitution, the Supreme Court shall be the sole judge of all contests relating to the election, returns and qualifications of the president or vice president, he added.

Three subordinates have accused former National Archives director Ricardo Manapat of ordering them to forge the birth certificate of Poe’s father.

Manapat has also been accused of fabricating the elder Poe’s alleged 1936 marriage certificate with Gomez. — With reports from Jose Rodel Clapano