4th DQ case filed against Poe

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When it rains, it pours.

A 4th petition seeking to disqualify pre-election survey frontrunner, Sen. Grace Poe, from participating in next year’s presidential derby was filed on Tuesday with the Commission on Elections (Comelec).

Antonio Contreras, a political science professor, sought the cancelation of Poe’s certificate of candidacy (COC).

Like the previous disqualification cases, the latest case assailed Poe’s residency.


According to Contreras, the senator fails to meet the 10-year residency requirement mandated by the 1987 Constitution for candidates for President.

He argued that if Poe reacquired her citizenship in July 2006, she would be two months short of the requirement (10 years).

The Contreras complaint followed the cases filed by radio commentator Rizalito David, lawyer Estrella Elamparo and former senator Francisco Tatad.

Poe, daughter of the late actor Fernando Poe Jr. and actress Susan Roces, filed her COC for President last Thursday.

Comelec Chairman Andres Bautista said the disqualification cases against Poe would be consolidated by the Comelec’s 2nd Division.

Bautista assured that all the disqualification cases would be decided before the 2016 elections to avoid the specter of disqualifying a President-elect.

“I do not know what will happen if somebody is disqualified after being elected President.

That is why I asked the en banc to act fast because we know fully well that our decision is still appealable to the Supreme Court,” he said. “The earlier we decide, the better for our election process and for our democracy

Poe, an ally of President Benigno Aquino 3rd, was the latter’s original choice to team up with Liberal Party standard-bearer Manuel Roxas 2nd.

She rejected the offer to become the administration party’s vice presidential candidate as she banked on her strong survey numbers where she leads pre-election polls for presidential and vice presidential preference.

Contreras did not give copies of his petition but explained that it was only grounded on the failure of Poe to comply with the minimum 10-year residency status required by the Constitution.

“She said that she has been a resident of the Philippines for 10 years and 11 months when we all know that that she only became a Filipino citizen on July 18, 2006. To complete the 10 years, she should have been a citizen on May 9, 2006 but she only re-acquired [her Filipino citizenship]on July 18,” he said in Filipino.

“We must remember that on May 9 [2006], she is still an American citizen, she has not reacquired her Filipino citizenship because she only renounced [her American citizenship]in 2001. So what’s her status? She is a foreigner,” Contreras added.

He explained that for a foreigner to become a resident, one needs to register at the Bureau of Immigration his or her resident alien status, which Poe, according to Martinez, did not do.

The petitioner pointed out that Poe’s motion to reacquire Filipino citizenship did not indicate an immigration certificate of residence (ICR) or an alien certificate of registration (ACR), which is given to foreigners who are permanent residents of the country.

“It means that she applied on July 7, 2006, that was already passed May 9, 2006, she has no ICR and so, she is not a permanent resident. She did not waive her non-resident alien status. In fact, I would assume, I’m not sure, she was probably on a balikbayan [Filipino returnee] status because a balikbayan has a one year visa-free stay,” Contreras said.

He added that Poe’s assertion of having complied with the 10-year residency requirement using her tax income number (TIN) as evidence would not stand.

“The TIN which she acquired in 2005 was used to settle the estate of his father and you know very well that in the Philippines even if you are not a Filipino, if you’re father is a Filipino and you inherited something you have to pay taxes for that. You know very well that you can’t pay taxes without a TIN. So a TIN is not a strong evidence that you are already a resident,” Contreras said.

When asked why he was questioning the citizenship of Poe, he explained that while it is a valid ground, he finds it cruel to declare Poe as stateless, considering that she was a foundling.

Dick weighs in
Former senator Richard “Dick” Gordon on Tuesday disclosed that both the Liberal Party and the United Nationalist Alliance (UNA) had asked him to file a disqualification case against Poe.

“I was approached by members of UNA, some members of the Liberal Party, some of my schoolmates in UP [University of the Philippines], some of my friends… In fairness to them, there is a case but leave it be. It can be decided by the Supreme Court either way. It can decide vox populi suprema lex–the people have spoken and therefore that is the
fundamental law,” Gordon told the ABS-CBN News Channel.

“But I’m not interested in getting it from the backdoor. I want to make sure that the people realize that if they’re going to have a country, if they will have real leaders, they have to have honest-to-goodness, clean, fair elections. You don’t have that right now. The field is not level,” he said.

Gordon is running for senator as a guest candidate of UNA and in Poe’s independent slate.

Thirteenth in the 2013 mid-term elections, he will be eligible to sit in the Senate if Poe is disqualified by the Senate Electoral Tribunal, which is hearing a disqualification case filed by Rizalito David against Poe.

With Jefferson Antiporda

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11 Comments

  1. GP is embroiled in a scenario where her political backers are holding back the SALAPI. This precious commodity will not be avilable to GP until a favorable decision is reached regarding her being the product of copulating Filipino couple around 40 years back or her being anak sa buho. The strategist of GP’s rival made their homework very tediously…No SALAPI and GP is gone.

    For the other aspirant who they call NOGI, since this NOGI was a neophyte in politics, the moles were already planted by his rivals. His rivals knew then that he has ambitions to reside in the palace thereby the moles indescriptly laid traps before him that he did not resisted, which the cabal rival is now revelaing to the public with the objective to demean NOGI’s chances. Well thought and my snappy salute to this cabal of shadowy group.

    Come May 2016 the ballot choice for RP Pres amy be reduced to so few with maybe two viable names remains…that of their names combined sounding like a chocolate brand.

  2. lahat kayo ay may puntos. Kaso, ang ISA sa mga nagpapagrabe ng isyu ay yaong pagkokondisyon ng isip ng tao sa pamamagitan ng False Asia at SWS survey na para bang wala nang mapipiling ibang magaling na lider sa pilipinas kundi yaong ipinalabas na survey nila, na si Grace Poe ang da best ayon sa mga tinanong nang biglaan NOON. Totoo, bagamat a matter of technicality lang ito na pwedeng palampasin, malaki naman ang implikasyon nito tungkol sa integrity ni senator grace poe bilang modelo sa pagiging law abider. Syempre pwedeng ikilo ang technicalities pero pababayaan ba nating magulo ang patas ng jurisprudence? Kayang kaya naman nila itong gawin. Maraming supporters na pwedeng magbayad sa mga pinakamagaling na abogado. Yun ngang 2B case ni Binay ay sobra ang pag-iimbistiga ng demolition machine nina Kwan, samantalang yung mga kinupit at pinaglaruan ng mga bata ni Kwan ay hindi man lang naiimbistigahan, so, kaya nilang hilutin ang jurisprudence. Ganon na ang estado ng katarungan sa Pilipinas. Puno tayo ng magagandang batas na walang implimentasyon at mga judges na ang specialization ay ang magtago ng ebidensya at magpalusot sa pamamagitan ng bagong jurisprudence. Hwag na kayong makipag-debate sa sinabi ko. Hindi ko rin naman kayo sasagutin dahil alam kong alam na ninyo ang isasagot ko. hahahaha.

  3. Simple lang,Poe is not a natural born pilipino citizen Poe is short of 10 years
    residency . Poe’s. Camp should abide the rule of law and Constitution of the
    land, there is no harassment on part of her case. Simple lang fallow the rule
    of the law

    • Idol ko nuon si Gordon pero ngayon ay hindi na. Nakiki-sawsaw sa issue ni Poe. Tumigil ka na Gordon. Gusto mo lang yata kumuha ng media mileage. Sabihin mo na lang kay Juan dela Cruz kung ano ang mga plataporma mo para malaman nila kung karapatdapat kang iboto.

  4. Following Gordon’s argument of “Vox Populi Vox Dei'”, why don’t we have one of those Fil-Am popular movie ‘heartthrobs’ to run for a political position in the country. I am sure he has a good chance to win. Should we just rely on Gordon’s argument? Ergo, he (Gordon) doesn’t deserve to be a senator again.

  5. The best answer so far from a politician is from Richard Gordon,straight no personal interest,i think and hope so.,may you win this time Sir!

  6. Ronaldo Valdes on

    Let the people make their choice.. if she wins then let it be . maybe we need a foreigner to run our country to be great again. Not those bunch of Corrrupt polician who enrich themselves on our tax money. Would you like a corrupt president again… How many do you need to learn a lesson . or you are paid to do this??

  7. Annie Marasigan on

    For me, they should focus more on bigger issues rather than filing a disqualification case against Poe all over again.

  8. but residency and citizenship are separate cases. She’s been here since 20015 so that makes her a resident of more than 10 years. I believe she is qualified.