Jardeleza says Comelec may have violated Poe's right to due process

MANILA, Philippines — Supreme Court Associate Justice Francis Jardeleza on Tuesday said the Commission on Elections (Comelec) may have violated Sen. Grace Poe's right to due process in leaving out relevant facts regarding her birth.

During the fourth round of oral arguments on Poe's petition against the Comelec resolution to disqualify her from the presidential race, Jardeleza argued that the poll body did not consider the probability that even as a foundling, Poe is a natural-born Filipino citizen.

"My grave concern is that... you may have and I think you have deprived petitioner Poe of her due process right to have her claim to natural born status dismissed without considering the evidence," Jardeleza said in questioning Comelec Commissioner Arthur Lim who acts as counsel for the Comelec's side.

Jardeleza, a former solicitor general, said that while both sides have acknowledged that Poe is a foundling, proof that one of her biological parents may have been a natural-born Filipino was left out of the question.

"You have a duty to determine whether it induces a belief in you or the commission as to the existence or non-existence of the matter in issue, which is parentage," Jardeleza said.

Lim, for his part, said the evidence that Poe is a natural-born citizen cannot be produced, as her parents are unknown. He also dismissed Jardeleza's argument citing "speculation" on the citizenship of Poe's biological parents.

"The big burden is to pinpoint, not to speculate, a decision cannot engage in speculation, your honor," Lim said.

Constitutional 'silence'

Lim argued that the Comelec en banc, in ruling against Poe, found as "plain language" the constitutional definition of natural-born citizens as those with at least one Filipino biological parent.

"I submit that [in considering] the Constitution that our hands are tied, not even the honorable court can undo what the Constitution expressly commands," Lim said.

Jardeleza, however, disagreed that it the fundamental law plainly addresses the situation of foundlings.

"It is not plain to me that the word foundling is found in the Constitution, and therefore it is not plain to me that because it is not there, I necessarily have to agree with your conclusions, that is why we have a case," Jardeleza said.

"You have to convince a majority of the court that your position is right, that it is as plain as you see it," he added.

Jardeleza observed that the Constitution is silent on the status of foundlings like Poe, who was found as a newborn infant at the doorstep of Jaro Cathedral in Iloilo City before she was later on adopted by movie stars Fernando Poe Jr. and his wife, Susan Roces.

Since foundlings are not mentioned in the Constitution, the question on the citizenship of Poe is a "very difficult case," the magistrate said.

"This is a very difficult case because there is great silence by the Constitution about what to do with foundlings. The Constitution does not contain the word foundlings, it does not tell us what do we do, it does not tell us what type of evidence and you have staked a position in the petitioners that have staked a position," Jardeleza said.