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Maria Jeanette Tecson vs. Comelec

March 3, 2004
Facts:

Ruling:
Respondent is a natural-born Filipino citizen. Accordingly, his grandfather Lorenzo
Pou/Poe who was a Spaniard and born around 1870 acquired Filipino citizenship due to the en

The case was a consolidated case where the petitioners moved to deny due

masse Filipinization to inhabitants of the Philippine Bill of 1902. Petitioners failed to prove that

course the certificate of candidacy for President for the 2004 elections filed by Ronald Allan

the late Lorenzo Poe/Pou was a resident of some other place other than San Carlos

Poe (Fernando Poe Jr.) They allege material misrepresentation of respondent where the latter

Pangasinan which was the place of his death in 1954. This conferment of citizenship to

stated that he was a natural-born citizen when in fact according to the petitioners, he was not

Lorenzo Poe would be transmitted to his son Allan, father of respondent. Even if respondent

for he was born to an American mother, Bessie Kelley who was not married to his father Allan

was an illegitimate child of his father, he could still claim Filipino citizenship through his father

F. Poe (Fernando Poe Sr.) when he was born. Accordingly, Allan F. Poe was married to a

for Article 3, Section 1, paragraph 3 of the 1935 Philippine Constitution provides that children

Paulita Poe y Gomez before he had a relationship with Bessie Kelley. Said Paulita Poe in an

whose fathers were Filipino citizens are considered Filipino citizens also. Said provision did not

affidavit in Spanish stated that she had sued Allan after finding out his bigamous relationship

distinguish between legitimate and illegitimate child of the Filipino father. FPJs filiation with his

with Bessie Kelley. Also it is alleged that even respondents father is not a Filipino citizen for

late father Allan F. Poe/Fernando Poe Sr. was proven by a notarized affidavit executed by his

respondents grandfather was a Spaniard who resided here in the Philippines and died in San

aunt Ruby Kelley Mangahas, sister of his late mother Bessie Kelley Poe, that respondent was

Carlos, Pangasinan on September 11, 1954. Petitioner Fornier filed the petition to deny due

the child of his late sister with Fernando Poe, Sr., that Bessie Kelley and Fernando Poe Sr.

course/cancel the certificate of candidacy of respondent before the Comelec Third Division

were married on September 16, 1940, that the couple lived together as a family together with

which denied the same. The Comelec en banc sustained the denial by the division compelling

the affiant and her mother until the liberation of Manila in 1945, and attested to the fact that

petitioner to file a petition for certiorari under Rule 64 in relation to Rule 65 before the Supreme

respondent is a natural born Filipino and legitimate child if Fernando Poe Sr. Said evidence

Court. Petitioners Tecson, Desiderio Jr., and Velez filed their petitions directly before the

was considered in accordance with Section 39, Rule 130 of the Rules of Court. The allegation

Supreme Court citing Article 7, Section 4, paragraph 7 of the 1987 Philippine Constitution.

that Fernando Poe was married to a certain Paulita Poe prior to his marriage to Bessie Kelley

Issues:
1) Is respondent a natural-born Filipino citizen?
2) Is respondent guilty of material misrepresentation in his certificate of candidacy?

was doubtful, and was not proven by the petitioners.

Respondent is not liable for material misrepresentation in his certificate of candidacy.
Such was not proven by the petitioners evidence, and proving such material misrepresentation
must show that such misrepresentation be material, deliberate, and willful.

By Jasper M. Carias
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