Natural-born Filipino?

If FPJ did not join the coming presidential derby, no one would have claimed he is not a Filipino since his birth certificate clearly says that his father was a Filipino. No one would question his Filipino citizenship because Section 1, Article 4 of the 1935 Constitution which was in effect when he was born on August 20, 1939 unquestionably provided that "those whose fathers are citizens of the Philippines" are Filipinos under the principle of jus sanguinis or acquisition of citizenship on the basis of blood relationship.

But when he joined the race, he finds himself stymied at the starting block with a disqualification petition based on the ground that he is not a natural-born Filipino which is the citizenship requirement for a presidential aspirant.

According to Section 2 Article 4 of the present Constitution, a natural-born citizen is a Filipino citizen from birth without having to perform any act to acquire or perfect his Philippine citizenship. FPJ obviously did not perform any other act to perfect his Filipino citizenship because his birth certificate already shows that his father (FPS) was a Filipino.

But the petitioner who wants him disqualified says that the entry on his birth certificate regarding the citizenship of FPS is false; that in truth, FPS was a Spanish citizen born in San Carlos Pangasinan of parents who were Spanish subjects. Furthermore, even if FPS was a Filipino, FPJ is not because he is an illegitimate child. He was begotten by FPS and Bessie Kelley, an American, when FPS was still married to a certain Paulita Gomez. Two documents supported these claims: (1) a photo copy of the marriage contract (Municipal Form 97 of the City of Manila) showing that FPS and Paulita were married on July 5,1936 at the Convento de Santo Domingo officiated by Fr. Modesto Mata, O.P. Said contract likewise reveals that the citizenship of FPS’ parents, Lorenzo Pou and Marita Reyes, was "español"; (2) a photo copy of the affidavit of Paulita Gomez to support her charge of bigamy and concubinage against "her husband" FPS.

FPJ claims that these documents are spurious. And even if they really exist, he claims that their contents are not true based on law and jurisprudence. Philippine Bill of 1902 and the Jones Law provides that "all inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on April 11, 1899, and then resided in said islands, and their children born subsequent thereto shall be deemed and held to be citizens of the Philippine Islands except such as shall have elected to preserve their allegiance to the Crown of Spain by filing a declaration of such decision before a court of record within one year from the ratification of the Treaty of Paris or up to Oct.11, 1900. So Lorenzo and Marita and their son FPS were Filipinos by operation of these laws. Besides, FPS was born on Nov. 27, 1916 in San Carlos Pangasinan. So, having been born in the Philippines before the 1935 Constitution, FPS was a Filipino citizen independently of the citizenship of his parents under existing jurisprudence applying the principle of jus soli or citizenship by place of birth. (Tan Chiong vs. Sec. of Labor 79 Phil.249; Haw vs. Collector of Customs 59 Phil. 612; US vs. Ang 36,Phil.858). To buttress his stand that his father FPS was Filipino, FPJ also presented the birth certificates of his four other siblings uniformly stating their father FPS to be a Filipino. Also presented were the death certificates of FPS and his father Lorenzo and various documents of land ownership showing that they were Filipinos. FPJ himself has several land titles in his name and wife Jesusa declaring they are Filipinos, as only Filipinos can own lands.

On his illegitimacy for being born when FPS was still legally married to Paulita Gomez, FPJ contends that he is still a Filipino, because under all Constitutions (1935, 1973 and 1987), the child of a father who is a citizen of the Philippines, whether legitimate or illegitimate, follows the citizenship of the father, not of the mother. Only when the father of an illegitimate child with a Filipino mother is an alien does the child derive his citizenship from his mother, FPJ concluded.

The major issues confronting the Comelec in deciding whether FPJ is a natural-born Filipino are therefore the following: (1) Is the marriage contract establishing the citizenship of FPJ’s father and the latter’s parents as "Españoles" of higher probative value and admissible in evidence to rebut the birth certificates of FPJ and his siblings as well as other official documents showing that they are Filipinos? (2) Assuming that he is illegitimate, was he born an American because his mother was an American?

FPJ should welcome this challenge regardless of its political color. This is part of the dirty political territory he barged into. At least it would settle the question of whether or not he is really a natural-born Filipino. It may indeed be shocking and painful to him because the blood of a Filipino truly runs in his veins and deep in his heart he believes he is a Filipino. He should find strength in the thought that Truth and Justice always triumph in the end.

* * *

E-mail: [email protected]