Comelec appeals SC ruling on Poe case

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MAINTAINING that it did not commit grave abuse of discretion, the Commission on Elections (Comelec) on Tuesday asked the Supreme Court (SC) to reverse its ruling that declared Sen. Grace Poe qualified to run for president.

Commissioner Arthur Lim said that in its motion for reconsideration (MR), the Comelec asked the High Court to apply its own internal rules, specifically Section 2, Rule 12, which defines the court’s course of action on decisions that lack the required majority vote of the 15 justices.

The said rule, Lim pointed out, states that “if the Supreme Court en banc is equally divided in opinion or the necessary majority vote can’t be had, the court shall deliberate on it anew.”

“If after such deliberation still no decision is reach [sic], the court shall in an original action filed with it dismissed [sic]the case,” he added.


He explained that their appeal centers on the eligibility of Poe as a natural-born Filipino citizen.

Lim stressed that the result of the SC voting failed to achieve the determinant eight votes since only seven of the justices said that Poe was presumptively a natural-born citizen.

The SC, in allowing Poe to run for president without the required majority decision on her citizenship eligibility, has created an awkward situation wherein the issue would possibly be decided by the Presidential Electoral Tribunal (PET) if and when she wins and is elected to office, he said.

“Our position in the Comelec is [sic]not avoid said scenario wherein a presidential candidate with questionable eligibility is allowed to run and left to the Presidential Electoral Tribunal to decide later if she gets elected,” Lim added.

Lim warned that such a situation would result in “political instability”.

“If a majority of eight votes is achieved after the Supreme Court has reviewed the case, so be it,” Lim further said.

“On the other hand, if after the voting and re-deliberation the required majority is still not attained, we are asking the court to dismiss the petitions filed before it and to affirm the disqualification of the senator as ordered by the Comelec in its December 23, 2015 resolution,” he added.

Private respondents Estrella Elamparo, former Senator Francisco Tatad, Amado Valdez and university professor Antonio Contreras also filed their motions for reconsideration before the High Court.

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9 Comments

  1. Viril Cordero on

    It will spell disaster if we let a liar, an opportunist, ineligible, and a traitor to the country run in the election for the top post of the country. If she in one way or another wins the election through her treachery, there will be no stability in the country and it will lead to monumental problems and chaos.

  2. Andresito L CCeres on

    Lim is correct. I read Carpio’s decision and i am with his view in the poe case. A revote must done to secure a majority vote.

    T

  3. opinionated ako on

    Poe does NOT have enough knowledge about the government, because she still address Senate and Congress separately, instead of saying Philippine Congress. However, I hope she wins the Presidency because The United States Government can probably convince her to reopen the former two (2) U.S. Bases so American military, like the U.S. Navy will park a Carrier Group in Subic Bay and Clark Air Base would be use for Bomber like B1 and B-52. She would then tell the Senate to write another treaty, because Philippines itself cannot protect itself from external threat.

    Once these bases are in place, Filipinos can tell the Chinese to start packing their bags and leave these islands that was once owned by the Philippines. I will remind again that the 1991 Senate of the late Jovito R. Salonga, made the biggest mistake in Philippine history by not renewing the U.S. Base Agreement of another 50 years. The Chinese would have never thought on what they are doing now in South China Sea. The 1992 Presidential election, Salongga was last, or 6th place. In my book, the 11 Senators and Salonga that voted against the extension of the U.S. Bases are traitors and they are just plain arrogant.

  4. This motion for reconsideration on the part of Comelec is not surprising because had it not filed such a motion, its rationale for existence would be zilch. It is, in theory, the constitutional body responsible for determining the qualifications of candidates, and if it can not do so in the case of a foundling such as Mrs. G. Poe Llamanzares when the text of the 1935 Constitution in respect of Philippine citizenship is plain, clear and unambiguous, then what is Comelec good for? More importantly, its Commissioners know deep down in their hearts, that they have not committed any “grave abuse of discretion” given the various SC legal precedents already established concerning this topic. Commissioner Lim should just throw back at the nine SC justices’ (especially to Associate Justice Perez and CJ M. L. Sereno) their previous rules or decisions on these issues, so as to expose the bias and preferential treatment they have accorded Mrs. Llamanzares. These justices, unelected and unaccountable, ruled extra-judicially, and must be called out. They have just amended the Constitution and they must be taken to task by concerned citizens as soon as possible.

    Of course, the allegation that some of the nine judges succumbed to bribery (100 million pesos?) offered by a fixer representing a “financier” cannot be discounted. Let us hope that a patriotic reporter or SC staff member will turn “whistle-blower” and expose this whole shenanigan. .

    • Dennis Estrada on

      Start the investigation on the alleged bribery to the nine justices. They need to be cleared or charged of the serious allegations.

  5. Poe is a disGRACED to the Filipino People. Ang tindi ng mga utak ninyo. You simply symphatized her because she is pretending to what she is not who she really is? How in your right mind accept that she is an OFW. She has no problem with her life as she was very much provided by her adoptive parents who were well known cinema personalities and who are earning millions of pesos year after year. How could she fight for the rights of the OFW’s when she was never an OFW and never in her life has incurred any monetary problems. She has forsaken her filipino dignity when adhering to USA.

  6. Sana tigilan na lang nila si Grace Poe, tapos na ang kaso e nahatulan na pwedeng pwede na tumakbo si Grace Poe bilang presidente. Hayaan na lang sana nila na ang taongbayan na lang ang mag decide kung nararapat ba maging presidente si Grace Poe.

  7. To Comelec ano pa ba ang dapat ninyong ihabol na reklamo? Korte Suprema na ang nagdesisyon niyan kung sa inyo hindi pumasa si Sen Grace Poe dahil sa kakulangan ng inyong pagiimbestiga ibahin nyo ang SC dahil ginawa nila ang lahat bago nila pinagdesisyunan yan at para sa kanila walang nilabag si Sen Grace Poe sa madaling salita qualified ito kaya dapat tanggapin at galangin na lang ang kanilang desisyon.

  8. They should just give it up. They will get nothing out of this. They can dream on but it wont turn to reality.

    Poe is qualified, the end.