It is expected that the High Court, which meets in a full court session every Tuesday, would decide the disqualification cases anytime next week.
Ordered to submit their position papers aside from Poe were petitioners Jeanette Tecson, Zoilo Antonio Velez, Victorino Fornier, the petitioners, and the Commission on Elections (COMELEC) through the Office of the Solicitor General (OSG) .
Also requested to submit their position papers were the four "friends of the court" who argued during the public hearing last Thursday.
They are former Supreme Court justice Vicente Mendoza, former commissioner Joaquin Bernas of the 1986 Constitutional Commission, former University of the Philippines (UP) law dean, Merlin Magallona, and UP law professor Ruben Balane.
The three petitions sought the disqualification of Poe as presidential candidate of the opposition Koalisyon ng Nagkakaisang Pilipino (KNP) for allegedly not being a natural- born Filipino citizen.
To be clarified more on the issue, the Supreme Court decided to hold a public hearing.
The public hearing was the longest in the recent history of the High court. It started at 1:15 p.m. on Thursday and ended at about 1:30 a.m. the following day.
The views of the four "friends of the court" tended to favor Poe as a natural- born citizen and thus qualified to run for President in the May 10 elections.
Bernas unqualifiedly stated that, in his opinion, Poe is a natural- born Filipino.
"As to Fernando Poe Jr., therefore, if it is established by a competent court that he is the son of a Filipino father, legitimate or illegitimate, he is a natural -born Filipino citizen," Bernas said.
Bernas pointed out that "to declare an illegitimate child barred from holding public office is to punish him for the indiscretion of his parents, and there is no justice in that."
Petitioners Tecson, Velez, and Fornier were unanimous in their insistence that since Poe is an illegitimate child "he should follow the citizenship of his American mother." They said that there is no evidence on record that Poe was acknowledged by his parents. Thus, they said, the movie actor and presidential candidate "continues to be an illegitimate child and continues to be an American citizen."
But Poe’s lawyer, former solicitor general Estelito Mendoza, said that while Poe’s mother is an American citizen, "it does not mean that she is not also a Filipino."
"Bessie Kelley was born here in the Philippines in 1919 in Candaba, Pampanga, and during the time we were still using the principle of ‘jus soli’ where citizenship is determined by place of birth," Mendoza said.
Mendoza’s argument was buttressed by the view of Bernas who said that "our legal system uses the principle of jus sanguinis (law of the blood) using blood relationship to determine citizenship."
"In conclusion, therefore, when the Constitution says : ‘the following are the citizens of the Philippines: Those whose fathers are citizens of the Philippines, the Constitution means just that, without insidious distinction," Bernas said
On the other hand, retired justice Mendoza said that citizenship is transmitted from father to son "as long as the filiation of a child is established with his supposed father ."
"And it would not matter whether the child is legitimate or illegitimate," Justice Mendoza, a known constitutionalist, said.
For his part, Dean Magallona said the "transmissive essence of citizenship is the core principle of blood relationship, so a person’s citizenship is derived from that of his father’."
"Thus, paternity as manifestation of blood relationship is all that is needed to be established. To introduce the distinction between legitimacy or illegitimacy in the status of the child would defeat that transmissive effect of citizenship in blood relationship," Magallona said.
Balane said that even if the issue of legitimacy is material, Fernando Poe Jr. would still be deemed a natural- born citizen under the law.
He said that because of the liberalized treatment of the law as far as illegitimate children are concerned, the effect of the new Civil Code may be applied to the case of Fernando Poe, Jr.
On the issue of whether or not the Supreme Court has jurisdiction over the three disqualification cases, Bernas said that the High Court can decide the cases as it did in two previous cases.
" A definitive judgment on the subject of Poe’s qualification will clear the air and forestall an unwelcome possibility of a winner being later challenged as ineligible." Bernas said.
For his part, Justice Mendoza said that while the Comelec has original jurisdiction over the disqualification cases, the High Court may recognize a petition assailing the Comelec ruling.
Earlier, Poe’s lawyer, Estellito Mendoza, had moved for the dismissal of the three disqualification cases, pointing out that the High Court has no jurisdiction yet on the issue.
