Political Science

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  • Topic: Nationality law, Multiple citizenship, Jus soli
  • Pages : 4 (1261 words )
  • Download(s) : 86
  • Published : February 20, 2013
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MARIA JEANETTE C. TECSON, et. al. vs. COMELEC, et. al.
FACTS: Ronald Allan Kelly Poe, also known as Fernando Poe, Jr. (FPJ), filed his certificate of candidacy for the position of President of the Republic of the Philippines under the Koalisyon ng Nagkakaisang Pilipino (KNP) Party, in the 2004 national elections. In his COC, FPJ represented himself as a natural-born citizen of the Philippines and the place of his birth to be Manila Victorino X. Fornier, (GR 161824) commenced, on 9 January 2004, a petition (SPA 04-003) before the Commission on Elections (COMELEC) to disqualify FPJ and to deny due course or to cancel his certificate of candidacy upon the dissertation that FPJ made a material misrepresentation in his certificate of candidacy by claiming to be a natural-born Filipino citizen ISSUE: Whether FPJ was a natural born citizen, to be allowed to run for President of the Republic of the Philippines. RULING: The Supreme Court held in this decision that the term "natural-born citizens," is defined to include "those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship." Herein, the date, month and year of birth of FPJ appeared to be 20 August 1939 during the regime of the 1935 Constitution. Through its history, four modes of acquiring citizenship - naturalization, jus soli, res judicata and jus sanguinis – had been in vogue. Only two, i.e., jus soli and jus sanguinis, could qualify a person to being a “natural-born” citizen of the Philippines. (1) The parents of FPJ were Allan F. Poe and Bessie Kelley; (2) FPJ was born to them on 20 August 1939; (3) Allan F. Poe and Bessie Kelley were married to each other on 16 September, 1940; (4) The father of Allan F. Poe was Lorenzo Poe; and (5) At the time of his death on 11 September 1954, Lorenzo Poe was 84 years old. The marriage certificate of Allan F. Poe and Bessie Kelley, the birth certificate of FPJ, and the death certificate of Lorenzo...