2 lawyers preparing to file falsification, perjury raps vs Poe

Charges of falsification and perjury are being prepared against movie actor and opposition presidential candidate Fernando Poe Jr. for allegedly using spurious documents to secure a Philippine passport to pass himself off as a natural-born Filipino citizen in filing his certificate of candidacy.

Sources disclosed that Arellano College of Law professor Albert Villaseca and trial lawyer Melanio Balayan are preparing the case which is expected to be filed today with the Manila and Pasay City courts.

The perjury case will be filed before the Manila regional trial court stemming over Poe’s filing of his certificate of candidacy under the Koalisyon ng Nagkakaisang Pilipino (KNP) before the Commission on Elections (Comelec) last Jan. 2 which required him to state under oath that he is a natural-born Filipino citizen.

On the other hand, the case of falsification of public documents will be lodged against Poe before the Pasay City regional trial court on allegations that he secured his Philippine passport under fraudulent means to boost his claim that he is a natural-born Filipino.

Poe allegedly forged his birth certificate to secure a passport. The details on Poe’s birth certificate were allegedly done by electronic typewriter.

A case was filed earlier by lawyer Victorino Fornier seeking to disqualify Poe from the presidential race on allegations that the actor is not a natural-born Filipino citizen.

Based on Fornier’s petition filed before the Comelec last week, the 64 year-old actor’s father Allan Fernando Poe was a Spanish citizen while his mother, Bessie Kelley, was an American.

It added that Poe’s paternal grandparents –Lorenzo Poe and Marta Reyes – were also Spanish citizens as indicated in the elder Poe’s marriage certificate with a certain Paulita Gomez, another Spaniard.

In effect, the elder Poe’s marriage to Kelley became null and void because of the first marriage. Gomez reportedly filed charges of bigamy against the elder Poe and Kelley for the second marriage.

Fornier pointed out that Poe, being an illegitimate son born from the second marriage, should follow the citizenship of his American mother.

Fornier, however, refused to comment on the new cases, claiming he knows nothing about the developments.

Fornier described himself as an immigration lawyer whose curiosity was stirred by persistent reports that Poe, who was then still rumored to be running for president, is not a natural-born Filipino.

"I made research on my own and I am not doing this as an immigration lawyer and a citizen... It is a personal thing," he said.

The first hearing on the disqualification case is scheduled on Monday under Comelec’s first division headed by Commissioner Rufino Javier.

Fornier said he is prepared to present more "damning" evidence to support his allegations of non-citizenship against Poe.

Poe’s spokesman, Sen. Vicente Sotto III, said Poe may personally appear before Comelec on Monday to defend himself over the allegations.

"FPJ (Poe) is just laughing about all these allegations questioning his Filipino citizenship. FPJ may personally appear before the Comelec to prove his Filipino nationality," Sotto said.

Sotto expressed optimism that Fornier will have a hard time proving his allegations.

He said Fornier can be charged for perjury if he cannot prove the authenticity of his documents. "How can Fornier swear to the authenticity of documents that he claimed he got in front of his door from sources he cannot identify?" Sotto asked.

Sotto said Poe has even considered the question over his citizenship as a "non-issue." — With Jose Rodel Clapano