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Tecson and Desiderio, Jr. vs. COMELEC, Fernando Poe Jr, et al. [SEPARATE OPINION, J. AUSTRIA-MARTINEZ]

MARIA JEANETTE C. TECSON and FELIX B. DESIDERIO, JR., petitioners, vs. The COMMISSION ON ELECTIONS, RONALD ALLAN KELLY POE (a.k.a. FERNANDO POE, JR.) and VICTORINO X. FORNIER, respondents. [SEPARATE OPINION, J. AUSTRIA-MARTINEZ]

G.R. No. 161434 | 2004-03-03

SEPARATE OPINION

AUSTRIA-MARTINEZ, J.:

There are three petitions before this Court which seek the disqualification of a prominent presidential aspirant in the forthcoming May 10, 2004 elections. The petitions are common in their allegation that Fernando Poe, Jr. (FPJ) is not a qualified candidate for the position of the President of the Philippines since he is not a natural-born Filipino citizen for the following reasons: (a) FPJ's father, Allan F. Poe, was not a Filipino citizen, but a Spanish citizen; (b) FPJ is an illegitimate child having been born out of wedlock; (c) the subsequent marriage of his parents did not inure to his...