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Case Digest: Tecson vs. Comelec

1) The Supreme Court did not have jurisdiction to rule on questions regarding the qualification of presidential candidates before the elections. This is the jurisdiction of COMELEC. 2) COMELEC did not gravely abuse its discretion in ruling that FPJ was a Filipino citizen. Tracing his paternal lineage, FPJ's grandfather was identified as a Filipino citizen based on birth records and presumption of citizenship at the time. 3) While the evidence did not conclusively establish that FPJ was a natural-born citizen, the preponderance of evidence supported that he was a Filipino citizen and did not make material misrepresentations in his candidacy.

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2K views2 pages

Case Digest: Tecson vs. Comelec

1) The Supreme Court did not have jurisdiction to rule on questions regarding the qualification of presidential candidates before the elections. This is the jurisdiction of COMELEC. 2) COMELEC did not gravely abuse its discretion in ruling that FPJ was a Filipino citizen. Tracing his paternal lineage, FPJ's grandfather was identified as a Filipino citizen based on birth records and presumption of citizenship at the time. 3) While the evidence did not conclusively establish that FPJ was a natural-born citizen, the preponderance of evidence supported that he was a Filipino citizen and did not make material misrepresentations in his candidacy.

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Ron Ace
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C ASE DI GES T: TEC S ON VS .

COM ELEC
12:41 AM

G.R. No. 161434             March 3, 2004


MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR. vs.COMELEC, FPJ and VICTORINO X.
FORNIER, 

G.R. No. 161634             March 3, 2004


ZOILO ANTONIO VELEZ vs.FPJ

G. R. No. 161824             March 3, 2004


VICTORINO X. FORNIER, vs. HON. COMMISSION ON ELECTIONS and FPJ

Facts:
Petitioners sought for respondent Poe’s disqualification in the presidential elections for having
allegedly misrepresented material facts in his (Poe’s) certificate of candidacy by claiming that he is a
natural Filipino citizen despite his parents both being foreigners. Comelec dismissed the petition,
holding that Poe was a Filipino Citizen. Petitioners assail the jurisdiction of the Comelec, contending
that only the Supreme Court may resolve the basic issue on the case under Article VII, Section 4,
paragraph 7, of the 1987 Constitution.

Issue:
Whether or not it is the Supreme Court which had jurisdiction.
Whether or not Comelec committed grave abuse of discretion in holding that Poe was a Filipino citizen.

Ruling:
1.)   The Supreme Court had no jurisdiction on questions regarding “qualification of a candidate” for the presidency
or vice-presidency before the elections are held.

"Rules of the Presidential Electoral Tribunal"  in connection with Section 4, paragraph 7, of the 1987
Constitution, refers to “contests” relating to the election, returns and qualifications of the "President" or "Vice-
President", of the Philippines which the Supreme Court may take cognizance, and not of "candidates" for
President or Vice-President before the elections.

2.)   Comelec committed no grave abuse of discretion in holding Poe as a Filipino Citizen.

The 1935 Constitution on Citizenship, the prevailing fundamental law on respondent’s birth, provided
that among the citizens of the Philippines are "those whose fathers are citizens of the Philippines." 

Tracing respondent’s paternal lineage, his grandfather Lorenzo, as evidenced by the latter’s death certificate
was identified as a Filipino Citizen. His citizenship was also drawn from the presumption that having died in
1954 at the age of 84, Lorenzo would have been born in 1870. In the absence of any other evidence, Lorenzo’s
place of residence upon his death in 1954 was presumed to be the place of residence prior his death, such that
Lorenzo Pou would have benefited from the "en masse Filipinization" that the Philippine Bill had effected in
1902. Being so, Lorenzo’s citizenship would have extended to his son, Allan---respondent’s father.

Respondent, having been acknowledged as Allan’s son to Bessie, though an American citizen,  was a Filipino
citizen by virtue of paternal filiation as evidenced by the respondent’s birth certificate. The 1935 Constitution on
citizenship did not make a distinction on the legitimacy or illegitimacy of the child, thus, the allegation of
bigamous marriage and the allegation that respondent was born only before the assailed marriage had no
bearing on respondent’s citizenship in view of the established paternal filiation evidenced by the public
documents presented.

But while the totality of the evidence may not establish conclusively that respondent FPJ is a natural-born
citizen of the Philippines, the evidence on hand still would preponderate in his favor enough to hold that he
cannot be held guilty of having made a material misrepresentation in his certificate of candidacy in violation of
Section 78, in relation to Section 74 of the Omnibus Election Code.

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