Fornier to appeal SC ruling on Poe citizenship

Never say die.

Victorino Fornier, the lawyer who originally sought the disqualification of opposition presidential candidate Fernando Poe Jr., said yesterday he will appeal the decision of the Supreme Court allowing the actor to run in the May 10 elections.

Fornier claimed he might be able to present legal arguments that could convince the magistrates to change their minds.

"I am dismayed... but I have not yet surrendered," Fornier said.

"I have the remedy, the final remedy which is a motion for reconsideration. I have 15 days from today (yesterday) to file that but I will not wait for the 15 days to lapse, maybe in 10 days I will have one already," he said.

Fornier had sought the disqualification of Poe before the Commission on Elections (Comelec) shortly after the actor filed his certificate of candidacy for president.

Fornier argued that Poe should not be allowed to run because the actor misrepresented himself as a natural-born Filipino.

To support his claim, Fornier submitted documents purportedly showing Poe is the illegitimate child of Alan Fernando Poe Sr. and Bessie Kelley, an American.

Fornier alleged that the elder Poe was married earlier to a certain Paulita Gomez but had an illicit relationship with Kelley, resulting in a love child who happened to be Poe.

He contended that Poe should adopt the nationality of his mother since he was an illegitimate child, born before his biological parents got married.

The petition was dismissed by the Comelec’s first division on Jan. 23. Fornier later appealed the case before the poll body en banc, which also threw out his petition on Feb. 6, forcing him to elevate the issue before the Supreme Court.

The five-member poll body based its decision on the argument that "proof of misrepresentation with a deliberate intent to misrepresent must be established."

Fornier joined other lawyers who had directly filed petitions before the high tribunal also seeking the disqualification of Poe on the same legal grounds.

For his part, Fornier argued the Comelec committed "grave abuse of discretion" in dismissing the petition, thus his appeal.

Fornier said yesterday that he was the only one allowed by the Supreme Court to file a motion for reconsideration on the 55-page decision.

The Supreme Court’s decision Wednesday said in particular that Fornier failed to prove that Comelec committed grave abuse of discretion in dismissing the disqualification petition.

As regards to Poe’s citizenship, Justice Jose Vitug who penned the decision, pointed out "the 1935 Constitution, during which regime respondent FPJ has seen first light, confers citizenship to all persons whose fathers are Filipino citizens regardless or whether such children are legitimate or illegitimate."

The court acknowledged that Poe was born out of wedlock to Kelley and Poe Sr. The court said the film star’s grandfather Lorenzo, "albeit a Spanish subject, was not shown to have declared his allegiance to Spain by virtue of the Treaty of Paris and the Philippine Bill of 1902."

The decision was heavily influenced by the legal opinions of four amici curiae (friends of the court) who all said the Constitution does not distinguish the status of a child in granting his citizenship as long as filiation could be proven.

All the four resource persons — retired justice Vicente Mendoza, constitutionalist Fr. Joaquin Bernas, former dean of the University of the Philippines-College of Law Merlin Magallona and UP Law professor Ruben Balane — were of the opinion that Poe is a natural-born Filipino and qualified to run in the elections.

Fornier said he will not give up the fight. "I can still make a good argument, at least I can say to myself if later on it will be denied. I did everything legally possible... but I am still hopeful that the (appeal will be considered). We can make history here," he said.

Fornier noted the justices were not unanimous in the decision to dismiss the disqualification case and declare Poe a natural-born Filipino.

Eight of the justices concurred in dismissing the case while five gave dissenting opinions, saying there was misrepresentation on the part of Poe.