CONSTI 1: Art. VII - Sec.

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15 TECSON v. LIM Presidential and VP Controversies:
Need for Post-Election Issue
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GR No. 161434 March 3, 2004 J. Vitug Mika
Petitioners: Respondents:
G.R. No. 161434. HON. COMMISSION ON ELECTIONS and
MARIA JEANETTE C. TECSON and FELIX B. RONALD ALLAN KELLEY POE, ALSO KNOWN
DESIDERIO, JR. AS FERNANDO POE JR.
G.R. No. 161634.
ZOILO ANTONIO VELEZ
G. R. No. 161824.
VICTORINO X. FORNIER

Recit Ready Summary

FPJ filed his COC to run as President for the upcoming 2004 election. Due to alleged
misrepresentation of a material fact regarding his citizenship, petitioner Fornier filed a case before
COMELEC praying for the cancellation of the COC. This was dismissed by COMELEC for lack of merit.
Elevated to the Supreme Court, the case filed by Fornier was consolidated with cases filed directly before
the Supreme Court by petitioners Tecson and Velez.
Pertinent to our topic, the main issue is whether or not the Supreme Court has jurisdiction over
the matter.
As regards the case filed by Fornier, the Court held that the case was aptly elevated to the
Supreme Court and could well be taken cognizance of by the Court. Section 52 of the OEC states
that COMELEC has exclusive charge of the enforcement and administration of all laws relative to the
conduct of elections for the purpose of ensuring free, orderly, and honest elections, while Rule 64 of the
Revised Rules of Civil Procedure states that decisions of the COMELEC on disqualification cases may be
reviewed by the Supreme Court.
When it comes to the cases filed directly by Tecson and Velez, the Court held that there is want of
jurisdiction. Tecson and Velez cannot invoke paragraph 7 of Section 4 because the jurisdiction of the
Court under the said section DOES NOT INCLUDE cases directly brought before it, questioning the
qualifications of a candidate for the presidency or vice-presidency before the elections.
Ordinary usage would characterize the word “contest” in reference to a post-election scenario.
Election contests consist of either an election protest or a quo warranto which, although distinct
remedies, would have one objective in view, and that is to remove the winning candidate.
Under the Rules of PET, the jurisdiction of the tribunal is over contests relating to the election,
returns and qualifications of the President or VP, and not of candidates for President or VP. In addition,
the Rules also describe a quo warranto proceeding as an action against a person who usurps, intrudes
into, or unlawfully holds or exercises a public office. In line with this, only a registered candidate who
would have received either the second or third highest number of votes could file an election protest.
In sum, paragraph 7 of Section 4 clearly only applies in the context of a post-election scenario.
In the end, FPJ was still allowed to run for President because the evidence presented would still merit
enough to hold that he cannot be held guilty of having made a material misrepresentation in his COC.
Distinction between legitimacy and illegitimacy remains and should remain only in the sphere of civil law
and not unduly impede or impinge on the domain of political law.
Facts
1. On December 31, 2003, Ronald Allan Kelly Poe, or Fernando Poe Jr., as he is popularly known,
filed his certificate of candidacy (COC) for President.
2. In his COC, he stated his name to be Ronald Allan Poe or Fernando Jr., and that he had the
following qualifications:
i. Natural-born citizen of the Philippines
ii. Date of birth: August 20, 1939
iii. Place of birth: Manila
3. Petitioners aim to disqualify FPJ, alleging he made a material misrepresentation in his COC by
claiming to be a natural-born Filipino when his parents were actually foreigners. His mother,
Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, since his

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 own father was a Spanish subject.
4. The petitioners also claim that even if Allan Poe was a Filipino, he could not have transmitted his
citizenship to FPJ because the latter was an illegitimate child of an alien mother.
 Allan Poe had been married to a certain Paulita Gomez before marrying Bessie
 Even if Poe married Bessie, FPJ was born a year before their marriage
5. Petitioner presented the following documents to support his claim:
 Certificate of birth of FPJ
 Certified photocopy of an affidavit executed in Spanish by Paulita Gomez attesting to her having filed a case for
bigamy and concubinage against Allan Poe (with English translation)
 Certified photocopy of birth of Allan Poe
 Certification from National Archives that no Lorenzo Poe had resided or entered the Philippines before 1907
 Certification that no information could be found regarding birth of Allan Poe
6. FPJ presented his own pieces of evidence. Among these were:
 Certification from National Archives regarding birth of Allan Poe in Pangasinan
 Certification from National Archives of no information on marriage of Allan and Paulita
 Certificate of birth of FPJ
 OCT in Registry of Deeds in the name of Lorenzo Poe
 Tax declarations
 Death certificate of Lorenzo Poe
 Marriage contract of Bessie and Allan
 Certification from Civil Registrar of Pangasinan saying records were destroyed during WWII
7. COMELEC dismissed the case for lack of merit. With cases consolidated, the present case was
elevated to the Court with petitioners alleging that COMELEC has no jurisdiction because under
paragraph 7 of Section 4 of the Executive Department, the Supreme Court has original and
exclusive jurisdiction.
Issues Ruling
1. Does the SC have jurisdiction? 1. Yes
2. Can FPJ run? and No
2. Yes
Rationale
1. The Supreme Court may take cognizance of the case filed by Fornier, but as regards the
cases of Tecson and Velez, the Court has no jurisdiction. (Pay more attention to the Velez and
Tecson cases)
 In the case of Fornier, where the disqualification of the candidacy of FPJ was sought due to
alleged misrepresentation of a material fact, the case was aptly elevated to the Supreme Court
and could well be taken cognizance of by the Court.
o Section 52 of the Omnibus Election Code states that COMELEC has exclusive charge of
the enforcement and administration of all laws relative to the conduct of elections for the
purpose of ensuring free, orderly, and honest elections.
o Rule 64 of the Revised Rules of Civil Procedure states that decisions of the COMELEC
on disqualification cases may be reviewed by the Supreme Court.
- "Each Commission shall decide by a majority vote of all its Members any case or matter
brought before it within sixty days from the date of its submission for decision or
resolution. A case or matter is deemed submitted for decision or resolution upon the filing
of the last pleading, brief, or memorandum, required by the rules of the Commission or by
the Commission itself. Unless otherwise provided by this Constitution or by law, any
decision, order, or ruling of each Commission may be brought to the Supreme Court on
certiorari by the aggrieved party within thirty days from receipt of a copy thereof."
o Section 1 of Article VIII of the Consti provides that judicial power is vested in one
Supreme Court and in such lower courts as may be established by law which power
"includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the Government."
 In the cases of Tecson and Velez, both petitioners invoke Article VII, Section 4, paragraph 7 of
the Constitution. However, the SC held that there was a want of jurisdiction. The
jurisdiction of the Court under the aforementioned section DOES NOT INCLUDE cases directly
brought before it, questioning the qualifications of a candidate for the presidency or vice-
presidency before the elections.

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 o The provision is an innovation of the 1987 Constitution.
- The omission in previous constitutions has constrained the Court to declare in
Lopez v. Roxas, controversies or disputes involving contests on the elections,
returns, and qualifications of the President or Vice President, as “not being
justiciable.”
o Ordinary usage would characterize “contest” in reference to a post-election scenario.
o Election contests consist of either an election protest or a quo warranto which,
although two distinct remedies, would have one objective in view (to dislodge a winning
candidate from office). This is supported by the Rules of the Presidential Electorial
Tribunal, promulgated by the SC in 1992.
- The rules categorically speak of the jurisdiction of the tribunal over contests
relating to the election, returns and qualifications of the "President" or "Vice-
President", of the Philippines, and not of "candidates" for President or Vice-
President.
- A quo warranto proceeding is generally defined as being an action against a
person who usurps, intrudes into, or unlawfully holds or exercises a public
office.In such context, the election contest can only contemplate a post-election
scenario.
- Under Rule 14, only a registered candidate who would have received either the
second or third highest number of votes could file an election protest. Again, it
presupposes a post-election scenario.

2. Yes, FPJ can run. He is considered a natural-born Filipino citizen. (not the issue in the syllabus
but might come up so read it anyway if you have time)
 This question is highly dependent on the citizenship of his father.
 Any conclusion on the Filipino citizenship of Lorenzo Pou could only be drawn from the
presumption that having died in 1954 at 84 years old, Lorenzo would have been born sometime in
the year 1870, when the Philippines was under Spanish rule, and that San Carlos, Pangasinan,
his place of residence upon his death in 1954, in the absence of any other evidence, could have
well been his place of residence before death, such that Lorenzo Pou would have benefited from
the en masse Filipinization that the Philippine Bill had effected in 1902. That citizenship (of
Lorenzo Poe), if acquired, would thereby extend to his son, Allan F. Poe, father of respondent
FPJ. The 1935 Constitution, during which regime respondent FPJ has seen first light, confers
citizenship to all persons whose fathers are Filipino citizens regardless of whether such children
are legitimate or illegitimate.
 While the totality of the evidence may not establish conclusively that FPJ is a natural-born citizen
of the Philippines, the evidence on hand would still merit 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 Section 78, in relation to Section 74, of the Omnibus Election Code. (Petition to
deny due course to or cancel a certificate of candidacy).
 Distinction between legitimacy and illegitimacy remains and should remain only in the sphere of
civil law and not unduly impede or impinge on the domain of political law.

Disposition
WHEREFORE, the Court RESOLVES to DISMISS –
G. R. No. 161434, entitled "Maria Jeanette C. Tecson and Felix B. Desiderio, Jr., Petitioners, versus
Commission on Elections, Ronald Allan Kelley Poe (a.k.a. "Fernando Poe, Jr.,) and Victorino X. Fornier,
Respondents," and G. R. No. 161634, entitled "Zoilo Antonio Velez, Petitioner, versus Ronald Allan Kelley
Poe, a.k.a. Fernando Poe, Jr., Respondent," for want of jurisdiction.
G. R. No. 161824, entitled "Victorino X. Fornier, Petitioner, versus Hon. Commission on Elections and
Ronald Allan Kelley Poe, also known as Fernando Poe, Jr.," for failure to show grave abuse of discretion
on the part of respondent Commission on Elections in dismissing the petition in SPA No. 04-003
Separate Opinions:
Carpio, dissent:

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  The conduct of an election necessarily includes the initial determination of who are qualified under existing
laws to run for public office in an election
 The power to decide all questions affecting elections necessarily includes the power to decide whether a
candidate possesses the qualifications required by law for election to public office
 The COMELEC en banc allowed a candidate for Pres. To run in the coming elections without being
convinced that the candidate is a natural-born Phil. citizen
 To hold that the Court acquires jurisdiction to determine the qualification of a candidate for Pres. Only after
the elections would lead to an absurd situation- the issue of whether a candidate for Pres. Is a natural born
Phil citizen must be decided before election
Austria-Martinez, separate:
 Prior the proclamation of winners, questions on the eligibility and qualifications of a candidate may be
addressed to the COMELEC only if they fall under Section 78 of the BP Blg 881 (Omnibus Election Code)
Carpio-Morales, dissent:
 The subject matter of an electoral contest is the “title or claim of title” to an office itself and not merely the
qualifications or absence of qualifications of a candidate for such office
 Quo warranto literally means “by what authority” and the object of quo warranto proceeding is to determine
the right of a person to the use or exercise of a franchise or office and to oust the holder from its enjoyment,
if his claim is not well-founded, or if he has forfeited his right to enjoy the privilege; Actions falling under par.
7, Sec. 4 of Art 7 may only be directed against the persons occupying or having title to the position of Pres.
And not against the candidates for said electoral offices
 Cancellation of a certificate of candidacy under Sec 78 of the Omnibus Election Code is clearly separate and
distinct from the election contests contemplated in par. 2 of Sec. 2 Art IX-C of Consti
 COMELEC acted with grave abuse of discretion in issuing the questioned resolutions by resolving to dismiss
the petition for disqualification without stating the factual bases therefore and by resolving to dismiss the
petition without ruling categorically on the issue of FPJ’s citizenship
Callejo, separate:
 The well-entrenched principle is that in the absence of any jurisdictional infirmity or an error of law of the
utmost gravity, the conclusion rendered by the COMELEC on a matter that falls within its competence is
entitled to utmost respect
Tinga, dissent:
 The 1997 Rules of Civil Procedure introduced the mode of review under Rule 64 as separate and distinct
from the Rule 65 special civil action, and is consonant with the constitutional provision which allows the
institution of a new review modality for rulings of the constitutional commissions
 As a new and independent mode of review a Rule 64 petition may as well be treated as a petition for review,
under which errors of fact or law may also be rectified

Additional notes:

Pertinent rules under the Rules of the PET (Not super important but just in case Mickey asks!)

Rule 12. Jurisdiction. - The Tribunal shall be the sole judge of all contests relating to the election, returns, and
qualifications of the President or Vice-President of the Philippines.

Rule 13. How Initiated. - An election contest is initiated by the filing of an election protest or a petition for quo
warranto against the President or Vice-President. An election protest shall not include a petition for quo warranto. A
petition for quo warranto shall not include an election protest.

Rule 14. Election Protest. - Only the registered candidate for President or for Vice-President of the Philippines who
received the second or third highest number of votes may contest the election of the President or the Vice-President,
as the case may be, by filing a verified petition with the Clerk of the Presidential Electoral Tribunal within thirty (30)
days after the proclamation of the winner.