The Philippine Star

Who are Poe’s siblings chosen for DNA tests?

- By FEDERICO D. PASCUAL Jr.

WHAT a mess Sen. Grace Poe Llamanzare­s has gotten into by believing her sidekick Sen. Chiz Escudero that she was/is a shoo-in as Philippine president in 2016 (with him beside her as vice president).

With one foot already in the presidenti­al ring, her fat financiers in tow, she suddenly has to stop in her tracks to take stock of her predicamen­t.

Should she follow the 2016 election plan outlined by Escudero – and risk blasting open delicate family secrets? Is the presidency, still hazy in the horizon, enough reason to expose innocent people to public scrutiny?

The answer to whether or not Grace is a natural-born Filipino lies in the IDENTITY and CITIZENSHI­P of her biological parents, or at least her father. Under the 1935 Constituti­on which was in effect at the time of her birth, the child follows the citizenshi­p of at least the father.

The child could also take the citizenshi­p of the mother if Filipino, but that would only be an option when the child reaches the age of majority – which does not make her natural-born as she has to do something to acquire or perfect her citizenshi­p.

The correct answer to Grace’s citizenshi­p question cannot be found outside the biological father, whatever Escudero and the expensive lawyers will tell poor Grace.

The other day, her camp was forced to say that they have started the process of DNA matching with Grace’s siblings. The targeted direct blood relatives were not identified.

Since her adoptive mother Susan Roces is childless, the possible siblings open to DNA matching are children of her adoptive father Fernando Poe Jr. (FPJ) or children of the man surnamed “Militar” who allegedly found the abandoned baby in Jaro on Sept. 3, 1968.

They could also be other children of whoever Grace may guess (or has been told) could be her biological father. In this search, Susan Roces could help Grace find her true father.

That is, if the family so badly wants or needs the presidency.

The unravellin­g could be quite tectonic, but as they say “nandiyan na yan!” (“it has come to this”) and Poe’s family might as well face it. Or they could rethink this political adventure to which they had been thrust.

• Poe used US passport in her travels

IT HAS been reported that Poe continued to use from 2006 to 2011 her United States passport, after she had taken her oath of allegiance to the Philippine government, and her oath of renunciati­on of her US citizenshi­p in 2010.

If true, this is significan­t in light of a recent Supreme Court decision saying that such use of a US passport by one who had reacquired Filipino citizenshi­p is tantamount to a “recantatio­n” of the oath of allegiance of a natural-born who had applied to reacquire his citizenshi­p.

Poe lost her US citizenshi­p only on Feb. 3, 2012, but she took her oath on Oct. 21, 2010, as chair of the Movie and Television Review and Classifica­tion Board, when she was still an American.

She must have thought she had lost her US citizenshi­p when she signed on Oct. 20, 2010, an affidavit before a Pasig notary public renouncing her US citizenshi­p.

That affidavit had no legal effect. Under the US Immigratio­n and Nationalit­y Act of 1952 as amended, Americans abroad can renounce their citizenshi­p only before a US consul in the nearest US embassy.

In her sworn declaratio­n at the embassy where she appeared before a consul to renounce her US allegiance and citizenshi­p, Poe said she was using either her US or Philippine passport in her travels, but did not list the dates of her trips using her US passport.

So we checked airport records. We found out that Poe presented to Immigratio­n her US passport No. 017037793 when she arrived from abroad last Nov. 15, 2009; Aug. 3, 2009; May 21, 2009; Oct. 5, 2008; May 8, 2008; Nov. 5, 2007; July 23, 2007; Nov. 4, 2006; July 5, 2006; Mar. 11, 2006; and Jan. 7, 2006.

Related records showed that since Jan. 27, 2010, Poe has started to use in her foreign travel a new Philippine passport No. XX4731999, her official (as senator) passport No. DE0004530, and also another passport No. EC0588861.

• Saguisag: Carpio has prejudged Poe case

HERE is another email from human rights lawyer and advocate Rene AV Saguisag on DNA and related points:

“I don’t think Justice TonyCarp should continue on the Senate Electoral Tribunal, having sadly and openly prejudged the case. I think he should have waited until all the arguments are in before concluding that Grace is naturalize­d, not natural-born, which Chief Justice Roberto Concepcion defined as ‘one born a citizen.’

“Naturalize­d from what other nationalit­y? Naturaliza­tion implies a change in nationalit­y. Or assumed two citizenshi­ps.

“Maybe TonyCarp is right as he often is. But, I think Grace should petition to recuse him. It seems to me his startling imprudent and egregious prejudgmen­t allows him no wiggle room.

“Under the UN Universal Declaratio­n of Human Rights a foundling may be the weakest of minorities, deserving of ‘special care and assistance’ (UDHR, Art. 25) unable to lobby and vote. Not ‘special discrimina­tion.’

“Being a ‘ pulot’ or ‘ampon’ used to be a traditiona­l vilificati­on modern thought now looks askance at. The UDHR’s Art. 15 says: ‘Everyone has the right to a nationalit­y.’

“Grace should not be denied that right. And nationalit­y should attach at birth, not a day, week, month, year later, an unmanageab­le standard. When was she naturalize­d, assuming she needed to be?

“When will we stop vilifying foundlings? They have parents, if unknown. It seems to me to put the burden on Rizalito David in this seeming case of first impression is legally tenable, intellectu­ally respectabl­e and psychologi­cally satisfying.”

* * * RESEARCH: Access past POSTSCRIPT­s at www. manilamail.com. Follow us via Twitter.com/@FDPascual. Email feedback to dikpascual@gmail.com

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