Fernando Poe Jr: A natural-born
candidate By Marco
Garrido
MANILA - The question of whether popular
film star Fernando Poe Jr is in fact a Filipino and can
run for president has been decided in his favor, freeing
up the campaign to get down to business and forestalling
the violence that could have erupted if the decision had
gone the other way.
On Wednesday the Philippine
Supreme Court, by a vote of 8-5, ruled that Poe Jr is,
in fact, a natural-born citizen of the Philippines and
hence qualified to run for president per the
constitutional nationality requirement. The court made
its decision in an atmosphere tense with expectation and
fraught with the threat of civil unrest. Hundreds of
anti-riot police, armored and armed with batons and
water cannons, were deployed outside the Supreme Court
building. Traffic was redirected and sharpshooters were
in position. Forces were also reportedly dispatched to
secure the justices' homes.
Various, conflicting
rumors had been circulated via text messaging - that Poe
would be found natural-born, that he would not be, that
the case would be remanded to the lower courts for lack
of factual evidence. Poe took the rumors seriously
enough to cut short his campaign sortie in the provinces
and return to Manila.
More than rumors were the
reports of destabilization plots in the hatching. Three
senior military officers were detained on Tuesday for
allegedly recruiting reservists to participate in
anti-government rallies - specifically, rallies backing
Poe. Another opposition candidate, Ping Lacson, accused
fellow candidate and incumbent President Gloria
Macapagal-Arroyo of using government intelligence funds
to spy on her presidential rivals.
The Supreme
Court decision has somewhat relieved the tension. With
the question of Poe's eligibility out of the way, it
would seem that the candidates, especially front-runners
Poe and Arroyo, can now focus exclusively on their
campaigns in the drive toward the elections in May.
His father's son The majority of
Supreme Court justices decided that, under the 1935
constitution, Poe is indeed a natural-born Filipino
citizen because his father, a Filipino citizen,
recognized him as his son. Filiation, in other words,
was substantiated. While the court acknowledged that Poe
was born out of wedlock to an American mother, it
maintained that proof of filiation establishes natural
citizenship. The majority opinion regarded the documents
submitted by the Poe camp as prima facie
veritable and hence sufficient proof of filiation. These
documents included Poe's birth certificate, his parents'
marriage certificate, and an affidavit executed by Poe's
aunt attesting that his parents, Allan Poe and Bessie
Kelly, lived together with their children, comporting
like man and wife.
Petitioners Victor Fornier
and Jeanette Tecson had argued that Poe was not a
natural-born citizen because he was born illegitimately
and thus assumed the citizenship of his American mother.
The court decision, however, cleaves to the
opinions presented by the amici curiae, the
"friends of the court" - constitutional and civil law
experts - invited to weigh in on the case two weeks
before. The four amici argued that as long as
there was proof of filiation - once fatherhood had
become less a matter of faith and more a matter of fact
- the constitution did not distinguish between
legitimate and illegitimate children in establishing
citizenship.
The decision was not without
dissent. The minority opinion argued, along with the
amici, that only proof of filiation was necessary
to establish citizenship. It dissented, however, with
regard to the sufficiency of the proof presented. Allan
Poe's recognition of his son was not established, it
said. He even neglected to sign Ronald (alias Fernando)
Poe's birth certificate.
Reportedly, the issue
of proof of filiation was deeply contentious and
accounted for last-minute fluctuations in the justices'
tally.
Full speed ahead With the
decision made, the electoral landscape seems clearer.
"Now that the roadblock is gone, it will be full speed
ahead for the KNP [Koalisyon ng Nagkakaisang Pilipino,
Poe's party] ticket," claimed Poe spokesman Francis
Escudero. Laban ng Demokratikong Pilipino (LDP), the
opposition party, remains split between Poe and Ping
Lacson. Lacson had publicly urged Poe's supporters to
rally to him should their candidate be disqualified, but
now it seems he must resign himself to a candidacy in
Poe's shadow.
Since the controversy over Poe's
citizenship began, Arroyo has inched forward in
popularity, even edging past Poe in recent surveys, such
that the two candidates are running in a virtual dead
heat. Arroyo's gains probably have less to do with
herself than with Poe. He continues to wage his
candidacy on his terms - that is, relying more on star
power and sound bites than on any coherent platform of
ideas. Recently, he begged off participating in a
presidential debate because he was "a man of action, not
words" and chose instead to air his ideas on MTV,
through 30-60-second shorts directed by a character from
the defunct local sitcom Mongolian Barbecue.
Now that Poe has been cleared to run, the nation
awaits the real decision on who will be their president
- with bated breath.
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