In holding that Sen. Grace Poe is merely a naturalized and not a natural-born Filipino, Supreme Court Senior Associate Justice Antonio Carpio is just being consistent with his dissenting opinion in the 2004 case against Poe’s adoptive father, Fernando Poe Jr. (FPJ), whose citizenship was questioned after he decided to seek the presidency.

Carpio, head of the Senate Electoral Tribunal (SET), was one of the five justices who declared that FPJ was not only not a natural-born Philippine citizen but also not a Filipino, since he was an illegitimate child of his father, movie actor Fernando Poe Sr. (Allan F. Poe in real life), and his American mother, Bessie Kelley.

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Being an illegitimate child, FPJ took the citizenship of his mother, Carpio said.

Burden of proof

Carpio’s dissenting opinion also stated that the burden of proof of proving citizenship was vested in any person who would claim to be a citizen of the Philippines and that any doubt regarding citizenship must be resolved against that person.

“Any person who claims to be a citizen of the Philippines has the burden of proving his Philippine citizenship. Any person who claims to be qualified to run for President because he is, among others, a natural-born Philippine citizen, has the burden of proving he is a natural-born citizen. Any doubt whether or not he is natural-born citizen is resolved against him. The constitutional requirement of a natural-born citizen, being an express qualification for election as President, must be complied with strictly,” Carpio said.

Voting 8-5, the Supreme Court threw out the challenge to FPJ’s citizenship in March 2004.

Those who voted in favor of FPJ were then Chief Justice Hilario Davide Jr. and Associate Justices Angelina Sandoval-Gutierrez, Alicia Austria-Martinez, Consuelo Yñares-Santiago, Romeo Callejo Sr., Adolf Azcuna, Reynato Puno and Jose Vitug.

Voting with Carpio against FPJ were then Associate Justices Conchita Carpio Morales (now the Ombudsman), Leonardo Quisumbing, Renato Corona and Dante Tiñga.

The majority decision, written by Vitug, said that while FPJ was born out of wedlock to Kelley and Poe Sr., Poe Sr.’s father, Spanish subject Lorenzo Pou, did not declare allegiance to Spain and he benefited from “en masse Filipinization” when the Philippine Bill of 1902 took effect.

Proof of filiation

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The decision was heavily influenced by the legal opinions of four amici curiae, or friends of the court, who all said that in establishing citizenship, the Constitution did not distinguish between a legitimate or illegitimate child as long as there was proof of filiation.

Carpio, in his dissent, said FPJ was not a natural-born Philippine citizen “since there is no showing that his alleged Filipino father [Poe Sr.] acknowledged him at birth.”

“The Constitution defines a natural-born citizen as a Philippine citizen from birth without having to perform any act to acquire or perfect his Philippine citizenship. Private respondent FPJ does not meet this citizenship qualification,” Carpio said.

The court, however, recognized as proof of FPJ’s filiation a declaration by his maternal aunt, Ruby Kelley Mangahas, that his father recognized him as his own son.

Carpio has drawn flak for stating during oral arguments on a petition for the ouster of Senator Poe on Sept. 21 that she was a naturalized Filipino and not a natural-born Filipino unless she could prove blood relations to Filipino parents.

Critics of Carpio, among them Rep. Silvestre Bello III, urged him to inhibit himself from the case for prejudging it and because of his association with Avelino “Nonong” Cruz, a lawyer for the administration standard-bearer, Mar Roxas.

Carpio and Cruz cofounded The Firm, a controversial law firm now known as CVCLAW Villaraza Cruz Marcelo & Angangco, which in 2001 backed then President Gloria Macapagal-Arroyo and again in her presidential bid in 2004.

Constitution violated

On Monday, a former social welfare undersecretary and former alternate chair of the Inter-Country Adoption Board, Luwalhati “Lulu” Pablo, said Carpio’s statement that foundlings could not be considered natural-born Filipinos violated the Constitution.

“[Being a] social worker by profession, and a child rights advocate by vocation, it pains me to hear that we are now threatening to deny foundlings their rightful place in our society,” Pablo said in a statement.

“I am not a lawyer, nor am I a legal expert, but in my almost 50 years as a social worker, this is the first time that I have heard the Constitution being invoked to justify an injustice. Whatever happened to the basic social justice principle that ‘those who have less in life must have more in law’?” she said.

Pablo also said Carpio’s statement had grave implications on children’s rights.

“I have met these foundlings firsthand. They will be the last ones to complain. It is up to us to speak for them. It is up to us to stand up and fight for the rights of children, especially the vulnerable ones and those born under especially difficult circumstances, chief among them are the foundlings,” she said.

“I have worked with many lawyers, doctors, psychologists, psychiatrists, adoptive families and adoptive parents, adult adoptees, child-caring institutions, public and private orphanages, schools and universities. We have tried, at each turn, to uphold and advance the rights of children,” she said.

Pablo said Senator Poe’s citizenship issue was also affecting the work of social workers and children’s rights advocates.

“I have seen some low blows during [elections], but this one is the unkindest cut of them all. I am not ready to throw away all the significant advancements in international law and in Philippine child protection laws. And I cannot understand how a patent discrimination against children can be justified on constitutional grounds,” Pablo said.

Social worker’s mission

She also had a message to those who would indirectly attack children’s rights to justify political ends: “The social worker’s mission is to create a society that will protect, nurture and give all the opportunities to all Filipino children, especially the foundlings. We have fought many battles in the halls of Congress and in the courts of law, but I have found that the most important struggles are those that we wage in the hearts and minds of our people.”

“Let us not lose sight of the lifelong struggles of abandoned children, as the way we treat our children may determine our future as a nation, and could very well define our spirit as Filipinos,” she said.—With a report from Inquirer Research

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