Another DQ case filed against Grace

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Another petition that seeks to yank out Sen. Grace Poe from next year’s presidential derby was filed on Friday with the Commission on Elections (Comelec).

Similar to pending petitions filed against the senator before the Senate Electoral Tribunal and the Comelec, the 71-page petition filed by Estrella Elamparo, a former chief legal counsel of the Government Service Insurance System (GSIS), assailed Poe’s citizenship and residency.

The Poe camp said they expected the new disqualification case, saying it is just the beginning of an expected series of attacks to derail the senator’s presidential bid.

”We totally expected and prepared for it. This is just the beginning and definitely will not be the last. We will fight them to the end, armed only with the law, reason and the truth,” George Garcia, the senator’s counsel, said in a statement.

Garcia added that they already knew the people behind the disqualification cases.
”We know who are the people behind this and their evil plans,” he said.

Misrepresentation

Elamparo said all existing legal records would prove that Poe is not a natural-born citizen and has not complied with the 10-year minimum residency requirement for an individual to be able to run for President.

She also accused the senator–now an independent candidate for President– of misrepresenting her qualifications.

“Respondent’s failure to comply with the citizenship and residency requirements under the Philippine Constitution is extant from the records. It would be unfortunate, if not unconscionable, that one’s quest for the presidency should start with a misrepresentation and a violation of the fundamental law that he/she is expected to swear absolute allegiance to,” Elamparo said.

She presented as evidence Poe’s certificate of candidacy (COC) for senator in 2013, which states that she has been a resident of the Philippines for “six years and 6 months” before the May 13, 2013 elections.

Even if Poe was able to establish her residency when she filed a petition for reacquisition of Filipino citizenship in July 2006, it still falls short of the required 10-year requirement as the elections would be held on May 9, 2016.

“By the principle of estoppel and the Filipino people relying on what she stated in her certificate of candidacy during the 2013 senatorial elections, respondent cannot deny her 6 years and 6 months residency in the Philippines as of May 2013,” the lawyer pointed out.

Elampro also argued that Poe, being a foundling, cannot be considered a natural-born Filipino citizen under provisions of the 1987 Constitution, which states that “natural-born citizens are those citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”

She argued that the adoption of Poe by the late action star Fernando Poe Jr. and actress Susan Roces did not have the effect of transmitting or conferring upon her the status of a natural-born Filipino citizen.

“Moreover, respondent had to perform an act–the filing of the sworn petition before he Bureau of Immigratio–to acquire or perfect Philippine citizenship which is antithetical to the definition of natural-born,” Elamparo pointed out.

As such, she said, respondent, not being a natural-born Filipino citizen, is not qualified to apply for reacquisition of citizenship under Republic Act 9225.

Even assuming, according to Elamparo, for the sake of argument that  international conventions and treaties can determine Grace Poe’s status as a natural-born citizen,  “nothing in the international treaties and conventions supports the conclusion that a foundling is ipso facto a natural-born citizen.”

She   pointed out that the Philippines is not a signatory to the 1961 UN Convention on the Reduction of Stateless, saying only 64 out of 194 countries have signed the convention.

Elamparo said even assuming that Poe was s natural-born citizen, “she lost that status when she became a citizen of the United States of America.”

“Wherefore, premises considered, it is most respectfully prayed that the certificate of candidacy of respondent Mary Grace Natividad Sonora Poe Llamanzares be cancelled and denied due course,” the petition said.

With PNA

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13 Comments

  1. bakit ba kayo nakikialam sa tao, gusto niyang maging presidente, freedom ng isang mamamayan ang kanyang hangarin,huag kayong mainggit.
    wala kasi kayong alam

    REPLY
    Kaso nga po ay hindi mamayan si Grace Poe, e! At palsipikado ang mga dokumento niya!
    Okay lang po ba sa inyo yon?

  2. Grace , you should just wait and finish your Senatorial duties and garner more experience.
    You can help by Uniting the Opposition Party to fight the Evil of BSAquino and Roxas who are Manipulating the Government. Support the stronger and experience opposition leader that can win and make a difference for this country.
    The Leader who will bring Justice to our 44 Massacred SAF soldiers .
    A true Leader who will deal with the real problems of this country.

  3. apolonio reyes on

    The DQ cases against Sen. Mary Grace Natividad Sonora Poe Llamanzares would have not happened if only our wise men, the likes of Fr. Bernas, C. Monsod, Soc Rodrigo, Blas Ople, etc., who framed our 1987 Cory Constitution place it very specific and understood by ordinary Filipino like me ” WITHOUT HAVING TO PERFORM ANY ACT TO ACQUIRE, OR “HAVE DENOUNCED THEIR CITIZENSHIP FOR ANOTHER COUNTRY” AND NEED TO RE-APPLY TO PERFECT THEIR PHILIPPINE CITIZENSHIP.
    I believe GRACE POE, HER LAWYERS AND US ORDINARY CITIZENS WILL UNDERSTAND THIS VERY WELL. SABI NGA NI ATTY, HOMOBONO ADAZA NA ” DAPAT ANG BATAS AY MAINTINDIHAN NG LAHAT KAHIT NA NG MORON.” EH LALO NA SALIGAN BATAS, DI BA BAYAN?

  4. Tinalikuran na po tayo ni Mrs. Llamanzares mga kababayan noong naging American citizen siya. Tinalikuran nya po ang asawa niya ng nilaglag niya ang apelyido niya para sa mas popular na Poe. Nagsinungaling po siya sa mga tampered ‘birth certificates’ niya. Wala po siyang karanasan sa management and leadership, Wala pong perpekto sa atin, pero sa presidente nakasalalay ang buhay ng 100+ milyong kinabukasan natin. Sana makapag isip isp tayong lahat. Hiniram nya lang ang ‘Poe’ na apelyido, mas marami pong mas karapatdapat na mamuno sa ating mahal na bayan.

  5. Whoever is behind the latest disqualification filed against Mrs. Llamanzares is immaterial. The fact remains that she is not a natural-born Filipino citizen. More so, the process by which she reacquired her Filipino citizenship was faulty, thereby, making her reqacquisition defective. Besides, her residency, prior to her filing of COC, was short of the legal requirement of length of time.

    Beyond, her citizenship disqualification, she doesn’t have the needed experience and work background to qualify her to head of the country. Good intentions and sincerity are NEVER enough. Acts and deeds iin the the past are plain proofs. Whoever is, or are, the big supporter/s of Mrs. Llamanzares financially during this coming elections, is/are doing a great disservice to the counry and to the Filipino people.

    Mrs. Llamanzares is making a ‘mockery’ of the Philippine Constitution by taking its provisions llightly and not strictly. To qualify her on the known circumstances about her life, will erode the faith the people have in the basic law of the land which is the foundation of our democracy. After all, she is NOT indespensable!

  6. Kudos to Atty. Estrella Elamparo. Well done! Now both the issue of Mrs. G. Poe Llamanzares’ residency and natural-born Filipino status will have to be reviewed by the COMELEC. She and her entourage seem to be living in a bubble, relying on emotions and popularity to carry her through the finish line. They need a reality check. “The Times They Are A-Changin’.”

  7. Putting all the constitutional and added legal issues against Grace and her decision to run for POP…the reality is quite clear:

    GRACE WILL LOSE in a fair elections. In fact, she has no chance of winning.

    But SUKA MEDIA (suck up kiss ass) has been screwing with popular mandate of the people, and has been propagating the scam, sham, a hoax and pure shenanigan that Grace is now “leading the presidential race, by a mile.” This is nothing but pure propaganda. The alleged surveyed is paid for by elements who support, romantically the movement to elect a ‘constitutionally ineligible’ candidate.

    Because, the fact and the reality is…even if all the legal and constitutional issues were resolved in her favor, that does not translate into her winning the elections. The last, legitimate survey, conducted by SWS and Pulse Asia, both showed clearly that Jojo Binay still is ahead with 33% popularity vote. Mar with second at 12% popularity vote and Grace with barely 10%.

    How can Grace maneuver a quantum leap to be come “mile ahead of everybody else”? Black Propaganda has its way. I daresay, nickel to a doughnut, dismissing all the constitutional issues and other legal issues against her, would make her ELIGIBLE TO RUN.

    But that does not make Grace QUALIFIED TO BE COME A PRESIDENT AND A LEADER. One question: What experience does she have? So, I challenge those who feign, fawn, and froth that she is the “ideal president”….BASED ON WHAT????
    That she is NOT CORRUPT? How do they know this. When the fact is, she has acceded to committing all the lies and fraud upon fraud upon fraud on her personal and genealogical documents…Honest? A person of integrity? How about just a simple fact: She is a POLITICIAN.

    And her popularity is based on what SUKA media and her PR handlers have been banking on…that there are enough “politically romantic” voters who will go to the polls and vote for her.

    I say…she does not stand a chance. So everything about her is really moot and academic…And media is trying desperately to save face because of the embarrasing reality…THEY WERE WRONG FROM THE GET GO, ABOUT GRACE, AS THEY WERE ALSO WRONG ABOUT DA POE KING (Ronnie her adoptive father, whose own parents actually had unresolved citizenship issues…).

  8. I found this related article here:
    http://s14255.p315.sites.pressdns.com/court-ousts-mayor-on-residency-issue/224179/

    I believe Grace (Poe) Llamanzares, has already said that she welcomes the filing of cases questioning her citizenship and her residency. That’s good. I think it would be better if the questions on her citizenship and residency are settled before the elections, rather than after. I don’t think GP wants to suffer the same fate as the mayor of Uyugan, Batanes.
    Assuming that GP won the presidential derby and finally, the cases filed against her were settled after the elections; what if the outcome of one of the cases did not favor her?
    -Who will then replaced her as president?
    Is it the vice president or is it the candidate for presidency who garnered the second highest number of votes?

  9. Dear Fellow Pinoys,

    Let’s keep vigilant of our rights to demand fair and just exercise of our political
    freedom to select and vote for the next leaders of our country. Let’s keep our
    guard up each step of the way to the final outcome of this 2016 elections.

    We know full well that, whether we like it or not or whether we vote or not, our lives will always be controlled by politicians, good or bad ones. So, in this ongoing inquiry on Senator Poe’s citizenship, let us ask ourselves, ‘Who do we think is the real mastermind behind this. Who do we think would be personally devastated to a large degree if indeed Senator Poe came out to be our next President?’ That’s the $64K
    question. By hook or by crook, someone with a huge liability before the public and
    the Ombudsman, definitely will do everything in his power to derail Senator Poe’s
    ambition to lead our nation. What a shame!
    think woulds

  10. Nancy Bulok Cake on

    Buti nga sa kanya. Mas marami pang kaso ang darating para madisqualify siya. Sa sobrang ambisyon niyang maging pangulo ng Pilipinas ay dadanas siya ng marami pang reklamo. Porke nagunguna sa survey ay puede ng presidente ng pilipinas.The common number of respondents of the suveys is just 1200. Those surveys are not even reliable unlike in the US. Sa kasulsulan at ambisyon ni Escudero na maging pangulo ay naniwala naman si Grace. Hind niya alam na inu-uto lang siya. Sana sinuri mo muna ang qualifications mo bago ka tatakbo. Ano ba ang experience mo? Wala kundi clerk sa amerika, MTRCB chairman at 2 years sa senado na wala ka namang ginawa sa mga problema ng M/LRT at mamasapano kundi mag-comment sa harap ng TV.

  11. Another minion sent by the other party who feels most threatened by Poe’s presence. We’ll let the court decide but I am confident that Poe will win the charges filed against her.

  12. October 16, 2015 at 11:35 pm
    Grace Poe resides in the Philippines for more than 10 years presiding such elections before she went to US.

    PEOPLE POWER FOR GRACE POE!

    • Roldan Guerrero on

      To Jeni I can only say 3 words for Grace Poe: LIAR, AMBITIOUS and KAPALMUKS! Do your own people power….its nonsense wasting time on persons of GP type. GO MDS?BBM tandem…the best pair of them all. THEY CAN REALLY MAKE THIS NATION GREAT AGAIN!