Carpio also voted to disqualify FPJ in 2004

MANILA, Philippines - Is history repeating itself?

Supreme Court Senior Associate Justice Antonio Carpio may be reprising his role in the disqualification case filed against Sen. Grace Poe.

An opinion voiced by Carpio on Poe’s citizenship issue was consistent with his stand on the same issue involving the senator’s late father, Fernando Poe Jr.

Carpio raised his opinion during last week’s oral argument on the case before the Senate Electoral Tribunal (SET).

Carpio was one of five justices who dissented in the SC ruling on March 3, 2004 declaring the popular actor a natural-born Filipino eligible for the presidential election.

In his dissenting opinion, the magistrate held that the then presidential candidate was actually not a Filipino citizen since he was an illegitimate child of his father Fernando Poe Sr. and American mother Bessie Kelley.

Carpio has said that being an illegitimate child, the late actor took the citizenship of his mother.

“In conclusion, private respondent Fernando Poe Jr. is not a natural-born Philippine citizen since there is no showing that his alleged Filipino father Allan F. Poe acknowledged him at birth,” Carpio said. “The Constitution defines a natural-born citizen as a Philippine citizen from birth without having to perform any act to acquire or perfect his Philippine citizenship. Private respondent Fernando Poe Jr. does not meet this citizenship qualification,” read Carpio’s opinion.

Carpio also said the burden of proving citizenship is on the individual claiming to be a citizen of the Philippines.

“Any person who claims to be qualified to run for president because he is, among others, a natural-born Philippine citizen, has the burden of proving he is a natural-born citizen,” he said.

“Any doubt whether or not he is a natural-born citizen is resolved against him. The constitutional requirement of a natural-born citizen, being an express qualification for election as president, must be complied with strictly,” he stressed.

Voting with Carpio against FPJ’s citizenship then were former chief justice Renato Corona and associate justices Conchita Carpio-Morales (now ombudsman), Leonardo Quisumbing and Dante Tinga.

The majority decision, penned by associate justice Jose Vitug, said while the action king was born out of wedlock, Poe Sr.’s father, 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.”

Seven other justices voted with this ruling – then Chief Justice Hilario Davide Jr. and associate justices Angelina Sandoval-Gutierrez, Alicia Austria-Martinez, Romeo Callejo Sr., Adolf Azcuna and former chief justice Reynato Puno.

Confident

The lady senator, meanwhile, expressed confidence she would be able to hurdle the issue on her citizenship as she thanked former chief justice Artemio Panganiban for backing her position.

“I am honored that such legal luminaries are affirming our arguments against my disqualification on the grounds of citizenship,” she said.

In his defense of Poe, Panganiban cited the generally accepted principle of international law, which forms part of the law of the land. 

He also noted that under Article 2 of the 1961 Convention on the Reduction of Statelessness, Poe is deemed to have Filipino parents, thus making her a natural-born citizen.

“I firmly believe that the law is on our side,” she said. “I ask the people for patience as we hurdle this temporary obstacle.”  – Christina Mendez, Marvin Sy