• ‘3 Justices to stay with Poe DQ cases’

    40
    Brion, Carpio and De Castro

    Brion, Carpio and De Castro

    THE senior justices of the Supreme Court (SC) who were asked by Senator Grace Poe-Llamanzares to inhibit themselves from deciding on her disqualification cases are standing their ground and will participate in the hearings.

    Advertisements

    According to The Manila Times sources, Senior SC Justices Antonio Carpio, Teresita Leonardo-De Castro and Arturo Brion maintain that Poe’s disqualification case will be decided by the high court based on its merits and that the three justices will participate, deliberate and vote on the issue.

    The case involves the Commission on Elections (Comelec) decision disqualifying the senator from running for president in 2016 due to questions about her citizenship and residency.

    Two Comelec cases have been elevated to the SC. These are GR No. 221697 entitled Poe vs. Comelec and Estrella Elamparo and GR No. 221698-700 entitled Poe vs Comelec, Francisco Tatad, Antonio Contreras and Amado Valdez.

    The cases disqualify Poe as a presidential candidate for the May 2016 elections due to her American citizenship and Philippine residency being short of the 10-year period required. In both cases, Poe is the petitioner after the Comelec has disqualified her, which compelled the senator to ask the SC for a temporary restraining order (TRO) on the poll body’s decision canceling her certificate of candidacy (COC).

    However, the only case in which Carpio, De Castro and Brion shall inhibit will be in the case of Rizalito David vs Poe and the Senate Electoral Tribunal (SET), since the three magistrates participated in and ruled for the ouster of Poe as a sitting senator due to her American citizenship. In this case, Poe is the respondent since she won before the SET.

    One SC source told the Times that the three SC justices will not inhibit in the two Poe cases in the high court for the simple reason that the case against Poe in the SET questions her qualification as a senator while the Comelec case questions her qualifications as a presidential candidate.

    Another source pointed out the many differences between Poe’s case from the SET and the one from the Comelec in terms of the parties involved, facts of the case, and the specific reliefs sought.

    “The Comelec and SET cases have different parties, different tribunals of origin, different election years, different elective positions, different reliefs prayed for SET is to disqualify as a sitting senator, Comelec is to disqualify as presidential candidate,” the SC source said.

    In the event that the three SC justices do recuse themselves, it would mean that the SC en banc or the 15 magistrates of the high court shall decide on the Comelec’s disqualification of Poe and only 12 justices shall participate in the deliberation and voting on Poe’s case coming from the SET.

    Poe has already lodged a motion for inhibition against the three justices before the high court, but the recusal shall be voluntary in nature.

    With this, all the 15 SC justices are expected to vote on January 12, 2016, the first SC en banc session for the year, whether or not the TRO issued by Chief Justice Maria Lourdes Aranal-Sereno should be confirmed by the majority of the SC justices.

    The TRO was issued by Sereno since the SC was on recess at the time the petition was received. It was issued upon the recommendation of the ponente of the cases, namely Associate Justices Mariano Del Castillo and Marvic Leonen.

    Leonen is also the ponente in a separate case emanating from the SET.

    In Poe’s petitions before the SC, through lawyer George Garcia, she seeks to set aside a reversal of the rulings of the Comelec’s First Division, which disqualified her on the natural-born Filipino requirement, and the Second Division, which disqualified her also on the citizenship requirement as well as the 10-year residency requirement.

    On the other hand, in a petition for certiorari filed by David, he assailed the ruling of the SET declaring Poe natural born “despite the absence of proof of blood ties to a Filipino father or mother.”

    David questions Poe’s reacquisition of her Philippine citizenship, which is considered an act showing that she is a natural-born Filipino even after she had applied for and declared herself a US citizen.

    Poe has said that she is a foundling from Iloilo, adopted by celebrity couple Fernando Poe Jr. and Susan Roces. She later migrated to the United States but eventually returned to the Philippines and was elected senator in 2013.

    Voting 5-4, the Senate Electoral Tribunal denied David’s petition to disqualify Poe as senator. Five of the SET members voted to recognize the rights of an adopted child and to uphold Poe’s status as a natural-born Filipino.

    Share.
    loading...
    Loading...

    Please follow our commenting guidelines.

    40 Comments

    1. Many times Poe manipulated the law to reestablish her status. From a foundling, she became a natural born citizen by Susan and Fernando. How can that be when she is was obviously adopted. She used the same Birth Certificate when she became a US citizen. Then, her date of renunciation was much later as compared to what she declared. Blind ambition dulls the mind.

    2. Batang-genyo, ala-eh on

      My gut feeling Grace is indeed a natural born Filipino of unkown couple residing in the country out of wedlock. But she renounced her Filipino citizenship by converting her status as an American thru a spurius document which is questionable. Her application for embracing back her being Filipino by swearing an oath of allegiance, therefore is process of naturalization that citizenship will be recognized Only on completion of documentation and NEVER on merely Intent. Therefore, approval of intent can be validated by issuance of RP travel documents and cancellation of her American passport. Hence, she is eligible candidate when she completed her physical residence from date of approval of US cancellation of her oath of allegiance.

    3. If we let the voting public decide on grace poe ‘s case the american candidate for presidency and not rely on our constitution its time for us to dissolve it.Let all those who filed to run as president be qualified and not declare a single nuisance candidate.

    4. what are laws for if not followed? what for are lawyers and justices? the requirement is so simple,natural -born filipino citizen and 10- year residency. there is no debate on this. if you do not meet this, you do not qualify. COMELEC could have easily handled this, no SET and SC needed.

    5. Grace Poe Llamanzares “RENOUNCED” her Philippine Citizenship to become an American Citizen and pledged allegiance to the American Flag. She came back to the Philippines and was able to “REACQUIRE” her Philippine Citizenship under the provisions of Imigration and Naturalization laws of the Philippines. Now she wanted to be the President of the Philippines, but the Constitution says you must be a natural born citizen.

      If the Justices simply ask the question: How did you acquire your Philippine Citizenship? The correct answer is through “NATURALIZATION” process. There are millions of would be voters that do not quite understand this simple logic.

      Sabi ng Korte, hindi mo pwedeng dilaan yung pinagsukaan mo, at hindi pwedeng mamuno sa ating bansa ang isang Markano. lol.

    6. 3 senior SC justices are right to say that will not inhibit….Salute for this 3 great interpreter of Philippine Constitution….

    7. If the report is correct, then I laud the 3 justices. Let the full SC decide the case at bar based upon facts and the law.

    8. Julian Aguila on

      Let the full 15-man Supreme Court en banc decide this case. This is our Supreme Court and whether we like it or not, we have vested in them the Final Authority to adjudicate this case.

    9. Marion Estang on

      Poe is an American Citizen. Her husband and children are American citizens. Her son, who tries hard to defend his mom, talks with an American twang. Poe made a pledge that she will fight for the U.S. of A at whatever cost. It would be scary for her to become president especially in this country where we nationalism is very much wanting. Please disqualify POE.

    10. artemio genio jr on

      She will be declared a natural born citizen. Foundlings are not stateless. But she will be disqualified because she lacks the constitutional requirement for residency.

      • artemio genio jr@
        she still lost the senate seat do to fabricated birth certificate on 2013 COC….And also her dream to be in philipine politic..Opportunist

    11. The Philippines is still under the “RULE OF LAW. Let the law speak by itself. ON THE ISSUE OF CITIZENSHIPS, IT IS A QUESTION OF LAW AND IN RESIDENCY ,IT IS A QUESTION OF FACTS. In both cases , Grace failed to established her legal point.
      NO MATTER HOW NOBLEST HER INTENTION IS, the fact that she is not qualified
      SHE have to accept the truth with her heads up and eyes open, with the grace of a woman not the the grief o a child. Never use the VOX POPULI for the voices of the few and for self interest ,and one thing more ,how can you expect to be voted by the majority when your sons and husband cannot cast their votes for you,,,RIDICULOUS.

      • I still recall that before her 2016 COC that if comelec disqualified her,she will not run..WTF,she lied again,Now on the record that she only listen to SC and if DQ she quit. I don’t like the meaning of #labanpoe2016. look subersive. She should ammended the law in foundling before 2016 election but it was too late.The only ” ALAS ” to her to will is being a POE ,nothing else, I he a question not related to the issue. Why FPJ is always the hero in FPJ production and Paquito Diaz, Max Alvarado are always the bad guys..I don’t question the movie fan stupidity..Hindi pa tapos ang Laban (sa movie ito hah]

    12. Article II Sec I of the 1987 Constitution states that sovereignty resides in the people and all government authority emanates from them.

      Government authority resides in the people. This is a democratic country and the people has the right to stage a revolution. The government can’t continue to function if the sovereign people loses trust and belief in it.

      The SC should let the people decide through the ballots. I believe Senator Grace has met all the necessary requirements for the Presidency. She is qualified so let her run.

      • Ayun pala e. Bakit hindi na lang lahat daanin sa eleksyon. Pati un kaso ng isang abusong kagawad ng baranggay, idaan na rin sa eleksyon.

      • Danilo Quilisadio on

        If Grace Poe has met all the necessary requirements for the presidency and she is qualified to run why should the writer be worried what would be the decision of the Supreme Court. Every Filipino has the right to vote and be voted upon even the highest post of the land. But there are certain requirements for the exercise of such right. If Grace Poe has met all these requirements by all means let her run; let the people decide through the ballots. Otherwise, we simply will not allow her in violation of our constitution and our laws. We are still a nation of laws, not of men or women.

      • Your post betrays your lack of knowledge of Constitutional and Political Law. The very provision you are citing is the indubitable proof that part of the sovereignty which the people exercise has been delegated by them to the Constitution, for after all, it is the people themselves who ratified this Constitution. With the ratification is the recognition and admission on their part that they will submit to its authority, and in fact, uphold it. Now, if they want it to have no effect, they must replace it through legal means.

      • am bobo mo naman Erika, the constitution it self emanates from the people of the Philippines through plebiscite , so therefore whatever in the constitution regarding the requirement fro Presidential candidates should be followed. aral aral den pag me time para hindi maging idiot!

      • Tayo ay may batas na dapat sundin. Iboboto ba natin ang isang kandidato na kulang sa mga requirements? Kung ito ang idea mo, ang idea ito ay ONLY IN THE PHILIPPINES.

      • Then all foreigner’s can run for president in the Philippines.

        A foreigner over here for a couple weeks for vacation can run for the senate or even president since the Natural born or being a resident for 10 years does not matter.

        Need some fake birth certificates? no problem just get a couple falsified birth records like Llamanzares has and good to go.

      • The people tied their hands in the constitution which says that a candidate for president must be natural born and has resided for a period of 10 year prior to the filing of his/her COC. Dura lex sed lex…

      • Felix Sevidad on

        Please be inform that the Supreme Court has the right to decide the case of Grace Poe, even the lawyers of Poe knows this that’s why they appeal for it. If you think Poe has met all the requirements to run for president, then wait for the results. I respect your opinion, but the justices were there to decide and to settle the case.

      • The supreme court decisions have been tainted so many times especially during the time of Justce Corona. There are still rogue justices in the Supreme Court. This country is really hopeless because we cannot trust our courts. That is why foul mouth Duterte is very very popular in our country.

    13. Francheska Ramos on

      Senator Grace Poe, we firmly believe that you will hurdle all of the disqualification cases and will win in the end! You are indeed qualified- the people are behind you and the law is on your side! Continue fighting the good fight!

    14. Alfredo H Moe on

      The Supreme Court Justices must be free to decide a case presented to them on merits of facts and not because somebody say otherwise. Good Work Justices. May the God Bless all of you.

    15. Mariano Patalinjug on

      Yonkers, New York
      03 January 2016

      If Sr.Justices Antonio Carpio, Teresita Leonardo-De Castro and Antonio Brion do not recuse themselves from the disqualification case which is now before the Supreme Court–as Grace Poe Llamanzares wants them to–more likely than not the Supreme Court, even sitting en banc, will affirm the ruling en banc of the COMELEC which disqualified her from being a candidate for President, on the ground that she is not a “natural-born”Filipino, and the other ground that she is short of the 10-year residency requirement.

      From where I sit, her “goose is cooked”–and cooked “well done!”

      MARIANO PATALINJUG.
      patalinjugmar@gmail.com

      • Never count out the Aquino appointee’s, there are 5 sitting now and Aquino can appoint one more anytime he gets around to it since one judge retired.

        Aquino appointee’s are all corrupt and i believe they will vote in Poe’s favor because Aquino wants her to stay in the race just in case Roxas does not win. If Grace get disqualified and Roxas can’t win then Smartmatic will try and steal the election for Roxas.

        Should be a fun year watching all the corruption and the peoples response, should be good for a laugh.

    16. Criticizing the 3 Justices as if they do not know the law proved a very big mistake by the Grace Llamanzares camp. Grace, Chiz Evang and their lawyers kept on taunting the #, Brion, Carpio and de Castro to their peril. Grace is doomed as it was in the first place.

    17. Is this justice?? The LPs are still at it. Why not just declare Marshal law and jail everyone so your incompetent Roxas can win finally. Another obilious railroad job done. What a country.

      • No need to blame the LP for Poe’s woes. Bautista dissented on Poe’s Comelec disqualification and Sereno granted the TRO. Both were appointed by PNoy.

    18. Jovellano Templo on

      Respect the rule of law. SC enc banc will decide to include the 3 senior justices

    19. Carlos de Castro on

      Grace wants everybody who went against her to vanish. Perhaps she will be happy if we appoint Amay Visaya as a SC. I 5hink GRace caliber is onlyn that of Amay . The idea of speaking in good Filipino language does not make you qualify for Pres.

    20. What a waste of time because of a “too ambitious, but UNQUALIFIED” Llamanzares Poe!

      She fooled the Filipinos once and I hope she cannot fool them again this time with her “hubris” as being qualified and continue of what his adoptive father has started(?).

      The faith on the Philippine Constitution should be preserved by DISQUALIFYING Poe once and for all.

      Her being number one as senator is NEVER a factor since she lied and because of the name Poe she used despite the fact that she is married to an American citizen Llamanzares.

      • If she will be elected then what susan roces said before happen now to his founding daughter. YOU CHEATED NOT ONCE BUT TWICE.

      • If the 20 million people that votes to her knows what’s on her birth certificate on 2013 COC, Gordon is now the Senator. Sixto Brillantes is the comelec chairman, FPJ lawyer and Abnoy MTRBC appointed. She is under the protection of tuwid na daan MAFIA.

    21. Five of the SET members voted to recognize the rights of an adopted child and to uphold Poe’s status as a natural-born Filipino.
      —————————————–

      5 senators who disregarded the constitution in favor of Poe.
      Apparently these 5 senators know more about the constitution than the 3 senior Supreme court justices that were also on the panel that all voted to remove Poe from the senate.
      Apparently senators can disregard parts of the constitution that they don’t like. Example, the anti dynasty law that they have ignored for the past 28 years even tho the constitution forbids dynasties.

    22. The SC en banc will decide this historic case. This will also shows the individual members what type of character they are made of. Let see, the last arbiter of our laws will decide on the rule of law and the correct interpretation of our constitution or rule on personal choice void of legal basis.

      • Abnoys days are numbered. Let see if his appointed corrupt will still be loyal to him. Either Roxas,Binay or Trapoe be the next president, he will get away with his crime and GMA will continue the nightmare caused by Hacienda Luisita.