Political Science

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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 Pou are documents of public record in the custody of a public officer. The documents have been submitted in evidence by both parties during the proceedings before the COMELEC. But while the whole of the evidence may not establish conclusively that 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 the Omnibus Election Code. The Petitions were dismissed FPJ is allowed to run as President of the Philippines MERCADO VS.MANZANO, digested

FACTS: In the case at bar, petitioner was seeking the disqualification of respondent to hold elective office on the ground that he is a dual citizen, having been born in the United States of Filipino parents. Pursuant to Local Government Code of 1991 (RA 7160), those with dual citizenship are disqualified from running any elective local position. ISSUE: Whether or not dual citizenship is a ground for disqualification. HELD: No, because dual citizenship is different from dual allegiance. What is inimical is not dual citizenship per se, but with naturalized citizens who maintain their allegiance to their countries of origin even after their naturalization. Hence, the phrase “dual citizenship” in RA 7160 must be understood as referring to “dual allegiance”. Consequently, persons with mere dual citizenship do not fall under this disqualification MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION, digested

GR # L-21289, October 4, 1971 (Constitutional Law, Citizenship, Naturalization – Qualification and Disqualification) FACTS: Plaintiff-appellant, a temporary alien visitor, whose authorized stay in the Philippines was to expire, claims herself to be lawfully naturalized by virtue of her marriage with co-plaintiff, a Filipino citizen. Solicitor General opposes on the ground that the mere marriage of a Filipino citizen to an alien does not...
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