Comelec Clears FPJ: SC Might Hear the Case
Well I guess they've heard enough, but the SC should really handle this legal matter in my opinion. Actually, maybe they shouldn't. Do a damn test on the archive papers, dammit, instead of serving up one accusation after another.
If the Comelec has it in its hands the capacity to decide on the matter of citizenship, and its domain in the Constitutional right to become President, then it must wait to know without doubt the legitimacy of the candidate. It's not a mere violation of Comelec rules (which is grave indeed) but also of the Constitution. And since it's a matter of Constitutionality, then the SC should hear the case.
On the other hand, the candidate must have burden of proof to prove that he/she is legitimate (that is, meets the condition of being a natural-born Filipino). And this "meeting of conditions" is done solely at the level of the Comelec. Should the Comelec find the candidate fit -- meaning the would-be candidate has met the burden of proof -- then he is fit to run.
Looking at it further:
On the issue of Poe being an illegitimate child of Allan by American Bessy Kelley, the commission said the 1935 Constitution states that one’s citizenship is based on the father’s nationality and does not distinguish between legitimate and illegitimate children.But in the petition filed by Tecson and Desiderio at the High Court, they argued that assuming his father is a Filipino, the marriage of Poe Sr. to American Bessie Kelly “was bigamous and void” since Allan F. Poe was previously married to Paulita Gomes. “Thus, respondent Poe being illegitimate, he assumed the American citizenship of his mother.”
Tecson and Desiderio noted that based on the mariage contract of his parents that Poe presented to the Comelec, his parents were married on September 16, 1940, then: “This only means that because he was born prior to his parents’ marriage, Poe is an illegitimate child contrary to the declaration of legitimacy in his certificate of birth.”
Still, the Comelec says that they are...
not the venue to establish one’s nationality. “We feel we are not at liberty to finally declare whether or not the respondent is a natural-born Filipino. The Comelec is not the proper forum. But we are called upon to decide the question of whether or not the [COC] filed by the respondent should be denied due course or canceled.”
So is it the Comelec's decision or what?!?! At the end of the day, isn't there a deadline for filing for candidacy that has since passed? Certainly, Poe should be pumping hands by now.



