Grace Poe undergoes DNA tests to verify ties with ‘biological kin’

(Updated 9:14 p.m.) Amid questions on her citizenship, Sen. Grace Poe has already conducted DNA tests to verify her kinship with probable biological relatives who are Filipinos.

This was revealed by Poe's lawyer, Alexander Poblador, during oral arguments conducted by the Senate Electoral Tribunal at the Supreme Court, on a petition from Rizalito David.

But Poblador clarified that resorting to DNA testing did not mean Poe's lawyers were abandoning their original position on Poe's presumed nationality despite being a foundling.

"[Our statement on DNA testing is] without prejudice to our legal position. We do not have the burden of proof and that we have the presumption of law in our favor," Poblador said.

Poe's lawyer told the nine-member SET that he had been authorized to reveal that Poe was already "in the process" of having DNA testing for a "probable biological match."

"Respondent [Poe] has taken steps towards having a DNA test conducted with a probable biological match. And when results come out, we will disclose the results," said Poblador.

At the Senate, Poe confirmed on Monday that she underwent a DNA test to prove that she was a Filipino and born of Filipino parents.

“Nasa proseso na (ang DNA test). Sila ang lumapit sa akin, hindi ko sasabihin kung kilala ko noon pa sapagkat magkakaroon pa ng spekulasyon,” Poe told reporters.

The senator refused to name those who gave their specimens, saying that they were private persons.

“Ang masasabi ko lang, dahil ito ay mga pribadong tao... kung sila nga ang aking magiging kadugo, ako ay matutuwa sapagkat napakadisenteng mga tao, napakabait," Poe said.

"Pero syempre hindi pa rin tayo nakasisiguro. syempre hihintayin natin (ang DNA result) dahil hindi mismo sa mga magulang kundi sa mga siblings o mga kapatid (nakuha),” she added.

Poe said the person approached her for several relatives to undergo a DNA test.

“Basta ‘yung lumapit sa akin hindi ko relative ngayon. ‘Yung lumapit mukhang may basehan, yung lumapit nagpakita ng litrato," Poe said.

"‘Di ba minsan pagka gustong-gusto mo, parang nakikita mo yung similarity kasi you are trying to convince yourself pero syempre 'pag pisikal hindi natin alam pero parang may basehan nga para gawin yun (DNA test),” she added.

Asked if she felt any connection or “lukso ng dugo” with the person, the senator said: “Basta ang masasabi ko napaka-gentle, mabait, malumanay magsalita. Sabi ko baka pwede.”

‘Wonderful’

Senior Justice Antonio Carpio, the chairman of the SET, expressed delight over Poblador's announcement as regards Poe's DNA tests.

"We have rules in court that a DNA match is a conclusive presumption affiliation. So that [DNA tests] would solve our problems here because you cannot argue with that anymore," Carpio said.

"If you could present a DNA match, that would be wonderful," added the senior magistrate.

Carpio during the oral arguments said Poe may be considered a naturalized Filipino citizen and not a natural-born citizen.

Carpio stressed that customary international law can be followed so long as it does not violate provisions of the Constitution.

"If there is a customary international law saying foundlings can be deemed citizens of the country where they were found, we apply that under the principle of incorporation. It is deemed as municipal law," Carpio said.

The senior magistrate, however, quickly added: "But you are still a naturalized citizen, not natural born. Because if customary international law says a foundling  is natural born, it will violate our Constitution and we cannot apply it here."

After emerging from the SET hearing, David told reporters that their camp commissioned the conduct of two sets of DNA tests on relatives of Poe' supposed biological parents.

He refused to give further details on the DNA tests but said the results would be released later.

During the hearing, Poblador maintained that the generally acceptable principles of international law, treaties and conventions show that a foundling found in the Philippines is presumed to have Filipino biological parents, making him or her a natural-born Filipino citizen.

‘Burden on petitioner’

Associate Justice Arturo Brion, another SET member, said that because the Poe’s parents were unknown, she had to prove that her parents were Filipinos.

Poblador, however, maintained it should be the petitioner who must present evidence that the biological parents of Poe were foreigners.

“The petitioner must show that Senator Poe’s parents are foreigners. We do not have the burden of proof,” Poblador said.

Poe had said she had been trying for years to find out who her biological parents were, even though they chose to abandon her. She decided to renew her search, however, amid questions on her citizenship raised by critics.

In June, Poe met with family friends who she said gave her more information about the possible identity of her biological parents.

Among those she had breakfast with were Iloilo City Mayor Jed Mabilog, a distant relative of Roces; and 81-year-old Sofia Mijares, a former house help of Roces and Poe's adoptive father Fernando Poe Jr.

Edgardo Militar

Both said they've heard stories that her biological father was one Edgardo Militar, a brother-in-law of Sayong Militar who was supposed to have found her inside the Jaro Cathedral decades ago.

Edgardo was actually the signatory in her foundling certificate, indicating that he was the one who found her in the church.

During the hearing, Poblador clarified that their camp was not proposing to give "special treatment" to foundlings. He said it merely wanted foundlings to be "fitted" into a category in which they would not be subjected to discrimination.

"If foundlings are given special treatment, it is because of their disadvantaged positions. I think it is almost a universal concern that foundlings are in a situation not of their own creation that they are to be discriminated against," said Poblador.

"We are not trying to create or give an enhanced position for foundlings. We are just avoiding foundlings to be discriminated against," he added.

"We are fitting the presumption created in the UN Convention in the Reduction of Statelessness within the jus sanguinis ("right of blood") principle in the Constitution," said Poblador.

The jus sanguinis is a legal principle by which citizenship is determined not by place of birth but by having one or both parents who are citizens of that state.

‘Legal fiction’

For her part, SET member Associate Justice Teresita Leonardo de Castro asked Poblador to include in their memorandum an explanation why their camp thinks there should be an exception in the case of foundlings in which they can be considered natural-born citizens "by legal fiction."

Poblador, however, clarified that a presumption of law is not considered a "fiction of law."

"By definition, [the presumption of law is] an assumption as to the existence of fact not known but that assumption is based on proven facts," the lawyer said. —NB, GMA News