Grace’s case: A matter of fairness

In criminal law, unless proven guilty beyond reasonable doubt, an accused is presumed innocent. Such is the majesty of the fairness of the law.

The case of Grace Poe is this: She cannot prove that she is a natural-born citizen of the Philippines, but neither can the honorable justices prove she is a naturalized citizen of the Philippines. Thus, things being equal, why then would the justices want to disqualify her, claiming she is a naturalized citizen, which they cannot prove? Where is the majesty of fairness of the law?

But here is an even stronger rationale: Circumstantial evidence is stronger and irrefutably favors Grace Poe as a natural-born Filipino citizen. Note that circumstantial evidence is considered weak in criminal cases. But the case of Grace Poe is different. She was found in Iloilo; common sense dictates that foreigner-parents, particularly the mother, would not just desert their newborn baby girl exposed to the elements outside a church in Iloilo City. In very rare cases, a Filipino mother, too desperate with no means or fatally sick, might do that. But a foreigner-mother? No, that’s 99.9 percent improbable (by Solomon’s wisdom). Note that the late Jaime Cardinal Sin was there when the baby girl was christened “Grace.” Was the mother a foreigner? No, 99.9 percent improbable. Was the mother a Filipino? Yes, 99.9 percent probable.

But why would Poe’s real parents not come out in this critical time of her life? Are they alive or not? One thing certain, only a Filipino mother too poor or terminally sick would abandon her newborn babe.

The justices cannot prove that Grace Poe has a foreigner for a parent, but circumstantial evidence is irrefutable. To be fair to Poe, she is a foundling, she is a natural-born citizen of the Philippines.

She was here in the Philippines in 2003 campaigning for her father, the late Fernando Poe Jr., she was here in December 2004 when “the King” died, and she has since remained here in the Philippines. That means she has been a resident of the Philippines for 10 years.

It’s like this: A man claims he was born July 1, 1981. But church record states he was born July 1, 1982. Which of the two would you believe?

Here is the ultimate test: Conduct the same DNA test, shown on Internet, which was conducted on an American whose ancestry was subsequently traced to Genghis Khan! Chances are Grace Poe has a Filipino blood in her veins.

—JOSE S. ALDEA, jsaldea12@yahoo.com