Disqualification case vs Poe filed

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A disqualification case was filed on Monday against Sen. Grace Poe before the Commission on Elections (Comelec) for allegedly misrepresenting her qualifications when she ran for a Senate seat in 2013.

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Radio commentator Rizalito David, a former legislative staff officer of former senator Francisco Tatad, filed the case.

He earlier filed a petition asking the Senate Electoral Tribunal (SET) to unseat her on similar ground.

In his 20-page petition, David said, “The material facts include her statement of being a natural-born Filipino citizen, her period of residence in the Philippines before 13 May 2013, and her being eligible for the office she sought to be elected to.”

According to him, the senator violated Section 262 in relation to Section 74 of the Omnibus Election Code (OEC) for allegedly misrepresenting the facts of her citizenship, period of residence in the country before the 2013 polls and her eligibility to be elected as senator.

“When Llamanzares falsely stated the facts in her COC [certificate of candidacy], she committed an election offense and thus may be proceeded against for a criminal prosecution under Section 262 in relation to Section 74 of the Omnibus Election Code,” David said as he used Poe’s married last name in his pleading.

David anchored his argument on a 2007 ruling of the Supreme Court in Lluz vs. Comelec which states, “In case there is a material misrepresentation in the certificate of candidacy, the Comelec is authorized to deny due course to or cancel such certificate upon the filing of a petition by any person pursuant to Section 78.”

David explained that although the law does not specify what would be considered as a material representation, the court has interpreted it in a line decision applying Section 78 of the OEC, when it stated, “Therefore, it may be concluded that the material misrepresentation contemplated by Section 78 of the code refers to qualification for elective office.

“This conclusion is strengthened by the fact that the consequences imposed upon a candidate guilty of having made a false representation in [the]certificate of candidacy are grave to prevent the candidate from running or, if elected, from serving, or to prosecute him for violation of the election laws…”

From the foregoing, David pointed out, “The SC emphasized that before any complainant can proceed to prosecute any criminal offense… the false representation must be material, such as the entries must pertain to qualifications of the candidate and not just innocuous matters such as professing or husband’s family name.”

David also cited Section 3, Article VI of the Constitution, which prohibits a person to run as senator unless he is a natural-born Filipino citizen and, on the day of the election, is at least 35 years of age, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

He said Poe misrepresented the facts of her being a natural-born citizen and her period of being a resident of the Philippines.

“Having misrepresented two facts about her qualifications, Llamanzares naturally committed another offense when she categorically stated that she is eligible for the office she sought to be elected to,” David added.

He presented copies of Poe’s COC, petition for retention and/or reacquisition of Philippine citizenship and travel information in support of his petition.

David, moreover, mentioned that as a foundling, and under Section 3, Article IV of the 1935 Constitution, she can only be natural-born Filipino citizen from birth if her father is a Filipino citizen.

“However, there is no evidence that she has a known Filipino father. Thus, being a foundling, or a child with unknown biological parents at birth up to the present time, she cannot claim or acquire the status of a natural-born citizen,” the petition read.

Regarding her citizenship, David said that Poe is an alien from the time she went to the US in 1991 and became an American citizen in October 2001 and until she returned to the Philippines under the assumption that she reacquired Filipino citizenship in July 2006.

The benefits of the Citizenship Reacquisition Act, he pointed out, are only available for former natural-born Filipino citizens.

Popularity breeds criticsPoe’s growing popularity has placed the pre-election survey leader in a virtual fish bowl where all eyes are glued on her in the run-up to the filing of certificates of candidacy for next year’s elections.

But Poe’s supporters in the House of Representatives are unperturbed with the turn of events.

“I am convinced that she is qualified to run for President. If she is not doing very well in the polls, no one would bother,” Speaker Feliciano Belmonte Jr., also vice chairman of the administration-backed Liberal Party, said.

Belmonte was referring to Poe’s emergence as a viable 2016 bet, with pre-election surveys showing she is ahead by her potential rivals by at least 10 percent both in the presidential and vice presidential races.

“Clearly, the move is to discourage her from seeking a higher position at the same time to harass her. To my mind, the petition has no legal basis,” said Rep. Silvestre Bello 3rd of 1-BAP party-list, who was Justice secretary in the Ramos administration said.

Rep. Rodel Batocabe of Ako Bicol party-list smells ill motive on David’s filing of disqualification cases against Poe.

“These cases are jokes designed to vex and embarrass Grace Poe personally as this always strikes her heart and very existence,” Batocabe said.

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35 Comments

  1. Two negritoes who were note reported by their respective parents to the Civil Registrar and did not have birth certificates, man and a woman had a new born baby and for some reason left her at a Church in Jaro?. Is she a foundling or stateless and therefore not a Filipino? many will say yes becuase her parents were Negritoes and most probably Filipinos. This will not apply to Grace Poe because she is white and perhaps not of Filipino parents. Does this make sense? HINDI di po ba??

  2. Clearly, its an harassment to say the least.Yes she is adopted but in the Philippines. so ano pa ang question doon. Is it a sin or lesser person to be an adopted, the answer is no . so why question a person Citizen know she was born in the Philippines and even they dont know the Biological parent still it doesnt say she is adopted in America. so please Mr. David stop all your nonsense tirade against her ok.

  3. For me, who cares kung Filipino ba siya or hindi? Mayroon nga tayong mga Filipinong poliliko pero ano ang ginawa? Pangungurakot lang at panloloko sa taong bayan. Ganito ba ang makafilipino? Sana itong mga lawyers natin ang payo ko ay hindi kailangan ang lawyers doctrine kundi common sense. Nakakasawa maraming sumasakay sa popularity ni Miss Poe. Sana naman yung mga tao na niyan ay gumawa ng sariling rakit at hindi sasakay sa popularity ng iba. Para sa akin hindi ganitong issue ang pag uusapan kundi ang problema ng ating bansa at lumulubong populasyon. Kahit sinong Presidente ang uupo diyan kung ang ugali nating mga Filipino ay hindi magtulungan sa isat isa walang mangayayari sa ating bansa. Lagi lang tayong maiiwanan sa ating mga kapit bansa. Ang pagiging Filipino ay hindi lang ito nakukuha pamagitan ng papel lamang kundi sa isip at gawa.

  4. you guys are below normal people Filipino mentality.

    why did h you not disqualify ERAP, a convicted plunderer, for running as manila mayor.

    hahahahah….. u—-lol

    double standard

  5. eltee mulawin on

    >>> The issue is not about governance ability, personal capacity and character.
    >>> The issue about Grace PL is … ” ELIGIBILITY AND LEGALITY” OF HER CITIZENSHIP !!!!
    >>> EVERY COUNTRY OR NATION HAS A RULES AND LAW TO FOLLOW AND MUST BE PREVAIL OVER EACH INDIVIDUAL PERSON.
    >>> As all parties said “No One above the Law”, “No Freedom Without the Law”, So If there is a Law…..IT WAS WRITTEN, SO IT SHALL BE DONE”.

    >>> This BSC-Aquino3rd administration and regime has no legacy to be remembered after his term in 2016. Only .. prohibiting the “Wang-wang” in any un-authorized private/public vehicles except for Medical Utility cars and Fire Prevention Dept and Police Dept. But actually it was followed in his first year period, after that it’s nothing at all. Even the barangay officials and tricycle or sidecar or pedicab are having and using it daily in their daily activities.

    Anyways, let say if “stopping or removing or prohibited using the “wang-wang” in vehicles as this BSC-Aquino3 told, IN LIEU OF IT, HE ALLOWED IN HIS ADMIN OR REGIME ” ANG MGA BUWANG” NA TAO NA PURO KA-BUWANGAN PAMAMALAKAD AT PAGPAPAIRAL NG BATAS. Tulad ng DoJ, Ombusman, Come-Elec, Sandigan Bayad o Bayan, DSWD at DILG.

  6. ThunderousCloud on

    If Mrs. Llamanzares wins the presidency in 2016, her husband and their children, all US citizens, will live in the palace for free, guarded by Filipino soldiers. Wow!

  7. Let us see where Sen Grace Poe will draw her strenght.
    Is it in her character dwelt on integrity as she espoused or she will be carried away by joy ride of the Yellowtards.

    When it comes to constitutional and legal issues, it’s lawyers domain but there’s a saying that ignorance of the law excuses no one.

    Mabuhay Kapatiran!

    Abangan…

  8. Kung si Grace Poe ay “tunay na tao” at hindi palsipikado . Kung tunay siyang may integridad, tapat, malinis na layunin para sa bayan at hindi makasarili. Kung tunay siyang may advocacy nang transparency at hindi pakitang tao ang kanyang bigong FOI, na kaya nabigo ay nakipagsabwatan siya kay BS Aquino III kapalit nang makasama ito sa administrasyon at mga benepisyo nito. Simpleng-simple lang ang kanyang dapat gawin. Hindi na niya kailangan pang pagisipin ang taongbayan. Hindi na niya kailangan pagdibatihen pa sa SET, Comelec, at Supreme Court, ang kanyang teknikal na kwalipikasyon , para umupo sa Senado, at mas mataas na katungkulan tulad ng Panguluhan. Ang kailangan lang niyang gawin ay isang presscon, dala ang kanyang personal records at related immigration documents, kasama ang US at Philippine passports, ilahad at ibigay ito sa press upang patunayan sa taongbayan, na siya ay tunay na teknikal na qualipikado bilang kandidato sa positiong naglalaway siya, pamilya, at kanyang tagasuportang makuha para sa pansariling kapakanan.

    Pagkatapos nito, pagusapan na kase, ang mas mahahalagang usapin tulad kasaysayan sa paglilingkod sa Sambayanan at kakayahan, kung ano ba ang ipinaglaban at ipinaglalaban nito, para sa kapanan at interes nang inaapi at naghihikahos na manggagawa, magsasaka, kabataan, propesyunal, Pilipinong negosyante, at buong sambayanan, kasama ang soberenya, at integridad ng teritoryo nito – ang Pilipinas.

    Katulad din nang iba pang pumupormang kandidato sa pagka-Pangulo.

  9. 300 percent Mr. David is a paid person to malign Ms. Poe, I believe Ms. Poe real parents is Filipino. I am convinced too that she is qualified to run for President.

    • Well that’s probably good enough for everyone that you are 300% sure her real parents are Filipino.
      ————

      What were their names ?

      December 2004 she executed under oath a notarized petition for the “reacquisition” of her Philippine citizenship under Republic Act 9225, popularly known as the Dual Citizenship Act of 2003.

      In this petition, she lied saying that she was a natural-born Filipino, born on Sept. 3, 1968 in Iloilo City to Ronald Allan Kelley Poe, a Filipino citizen, and Jesusa Sonora Poe, a Filipino citizen.

      This falsification of data rendered her “reacquisition” of Philippine citizenship null and void.

      Grace Poe is not a even a citizen of the Philippines.

  10. Vic Penetrante on

    Found in a church, she could have an angel as her father, an alien from heaven, unacceptable to David as a Filipino.

  11. Some Filipinos do not really understand the term of ‘statelessness’ and how it is closely related to the term ‘foundling’, these individuals who keep to support the notion that Grace Llamanzares is a ‘natural born Filipino’, for a simple fact that she was found within the Philippines archipelago, should be automatically be considered a Filipino.

    There is this undeniable fact that needs to be established that indeed and in fact both parents were natural born Filipinos themselves, which no one up to now can establish, for she was a ‘foundling’. Therefore, in the eyes of the law she is considered ‘stateless’, for it is defined as – In law, statelessness is the lack of any nationality, or the absence of a recognized link between an individual and any state. A de jure stateless person is someone who is “not considered as a national by any state under the operation of its law”.

    Aside from the adoption by Filipino parents, her being a ‘Filipino’ does not confere unto her a ‘birthright citizenship’ of being a Filipino, since Philippines is one of a number of countries that does not support this law. To answer the issue, she has to have legal and factual evidence of her paternal and maternal parents being a natural born Filipino citizen.

    And, on the issue of her running for higher office or her being a senator, while this issue is raging – if she truly is ‘honest’ as they say she is then she should resign from her position, without pre-conditions, funfare or drama, just like most honorable people does.

    • paano naman sa mga tao born in the Philippines pero walang birth certificate kasi malayo sila sa siyudad. eh di rin sila Pilipino. any one even adopted but born in the Philippines must be considered filipno even if He or She is not yet being adopted or in the process being adopted . Of their being Citizen of the parent that will adopt them that should be considered 2nd only to the Place they were found or born without their parental care.

    • “she should resign from her position, without pre-conditions, funfare or drama, just like most honorable people does.”

      The problem is no one accused no matter the evidence in the Philippines will resign, they don’t have that built into their character.

      They are well aware of the inept Justice system that is headed by a appointed clueless and incompetent chief.
      Existing for press conferences where they claim superhuman efforts while accomplishing nothing.

  12. Grace Poe is qualified to run already and she said she has the documents to support it. And besides she already ran and won as a senator without this issue ever being raised. The issue on her citizenship just rose up because many other politicians are threatened by her potential.

    • “And besides she already ran and won as a senator without this issue ever being raised.”

      Ya it’s funny how the agencies that are supposed to issue citizenship and check applications for elected posts don’t bother to check out if someone is lying or making false statements.

      Grace Poe lied on her applications, I know that this is the Philippines and the law doesn’t apply to government officials or people doing well in the surveys conducted by their adopted uncles but if it did apply then she wasn’t qualified to even run for the senate in the first place.

      The constitution is the problem and I’m sure none of the government officials mind violating that any time it benefits them.

      For example.

      The 1987 constitution prohibits political dynasties as defined by law.
      The problem is congress has spent the past 28 years not defining the law instead they continue to pack the government with their family.

      The senate is now 84% political dynasties
      The house is now 90% political dynasties

      Why they don’t comply with the constitution, oh that’s right they don’t like that provision so they ignore it, 28 years of ignoring it. The politicians always talk about it when they are campaigning but once they get elected they quickly forget about it.

  13. If Grace is serious about serving the Filipino people , then she has to come clean with her
    citizenship and residency. No need to conceal anything . Any candidate for that matter should not violate the requirements set by the Constitution.

  14. I think Poe has become too ambitious now. Now that she has tasted power she wants to have it all. Clearly she lacks experience and maturity to lead this nation. She should stop and measure herself. She might be biting more than she could chew.

  15. Hindi si David ang issue, kundi ang kuwalipikasyon ni Grace para mamuno sa Republika ng Pilipinas. Ang ginawa ni David ay para patunayan kung kayang
    mabasura ang ating constitution ng popolaridad ng sikat na Poe. Salamat ay may
    isang maliit na David na lumaban sa isang heganteng Poe.

    • Yeah you are right Baba…the qualification is the issue and what is the use of those laws if it taken for granted…ano pang saysay ng lahat kung wala ng batas na sinusunod…ngayon na nga lang may sinasabi ng BATAS pero ang ilan nakakalusot pa din so how much more if LAWS are eliminated…lahat nasa trouble. At least ngayon everyone is enjoying the equality either popular or hindi ang isang tao…that is fair enough. She needs to complete the 10-year staying in the Philippines straight before to file in the candidacy….that is the best thing for you Ms. Poe.

  16. “I am convinced that she is qualified to run for President. If she is not doing very well in the polls, no one would bother,” Speaker Feliciano Belmonte Jr.

    “Clearly, the move is to discourage her from seeking a higher position at the same time to harass her. To my mind, the petition has no legal basis,” said Rep. Silvestre Bello 3rd.

    I see it as more of a citizen doing the job that should of been done by the agencies whose job it was to check the lies on Poe’s applications.
    Not surprised to see elected officials eager to disregard the laws to get what they want in the Philippines. No matter how hard you look, you could not find a more corrupt government who think the law doesn’t apply to them any where else in the world.

  17. She really must prove to the people of the Philippines that she has already a 10 year residence in the country in order for her not to be committing fraud!

  18. Mar Padilla, Jr. on

    Since, she wants to be a President of the Philippines, she got to answer all the charges against her. A person wants to become and lead this country, must prove that he/she was very cleaned, no criminal records, no record of residency requirements etc. You cannot run for President, just because of 3 letters word, which means POE. A surname of a very popular staunch actor in the movie. A person who adopted you. But since you got married, in the Philippines, it is customary to include your married name at all times, since you are claiming as a Filipino born person. Only in America, Canada to mention a few countries, who doesn’t care to include their married name.

  19. Since there is doubt to her citizenship , it should be brought into the open and let the court decide. Whatever his motives are, David is right in filing the case. Poe is seeking higher office so her citizenship should be scrutinized.

  20. The ‘logic’ of Speaker Belmonte why the complaint iwas filed against Ms. Llamanzares is “out of whack”! She is leading the polls because one like him. the Speaker of the House, made people to believe that she is qualified, although there are still questions to be answered. In oher words, “populairty” is the name of the game, not proper qualifications for the position running for. Assuming that she is ‘qualified’ as far as basic qualifications are concerned, has she the proper qualaifications, to run for VP or President? Is the country ready to be headed again by an ‘inexperienced’ leader, amidst all the current problems of the state, domestic and otherwise?

    This is one of the problems in Philippine politics. Intelligent and learned politicos, like Belmonte, do not have the charisma to become popular because they haven’t shown a strong leadership, or have done remarkable accomplishments, to make themselves popular. They have to rely on others who have popularity by virtue of identification with movie idols, movie stars, etc. So, in the last 2 decades, Congress of the Philippines, particularly the Senate, has been “bastardized’, to the disgrace of the names of former members such as Claro M. Recto, Lorenzo M. Tanada, Arturo Tolentino, Amborosio Padilla, Camilo Osias, Lorenzo Sumulong, Emmanuel Pelaez, etc. to name a few! This brought about the degeneration of Congress as an august body and its popularity.

  21. “I am convinced that she is qualified to run for President. If she is not doing very well in the polls, no one would bother,” Speaker Feliciano Belmonte Jr., also vice chairman of the administration-backed Liberal Party, said.

    I am amazed at the gumption of Speaker Belmonte to believe that he can interpret the Constitution! The disqualification of Grace Poe is the inevitable effect of her blatant violation of Article VI, Sec. 3, of the 1987 Constitution, and Article IV, Sec. 2 of the same Constitution.

    Since when is Speaker Belmonte authorized to make a judicial review of the cases filed against Poe-Llamanzares? Again, Speaker Belmonte is out of place, talking his head off in a matter he has no standing (locus standis) about. It will serve him well to just keep his mouth shut and let the Comelec and the Supreme Court decide.

    • Belmonte is only making sure that alien Grace will not forget him just in case na……… u know what I mean. Ngayon pa lang dami na BALIMBING tulad nung mga ibang taga-NPC na lumipat sa LP just recently.

  22. Grace Poe is born in the Philippines. She’s a natural born Pilipino, born in our motherland. if she’s not a natural born pilipino, then we all are stateless. secondly, how many years did she studied since birth in the philippines before pursuing her further education in the states? will that not count the 10 years requirement preceding such elections? there’s no years mention in the constitution which such election.

    • The ten years requirement is “immediately following” her filing of candidacy. Natural born Filipino means, she is a Filipino citizen at birth because her parents are Flipino citizens or one of them. Being a foundling, meaning she was abandoned by her biological parents and was found by someone. No one knows who her biological parents were (maybe Spaniards or Americans living in the Philippines?) that her citizenship at birth is ‘questionable’. As of now, no one is sure that she was 100% Filipino citizen at birth.

  23. The issue is this is POE qualified to run at sit as a senator in 2013? This lawsuit is good because it will settle once and for all the questions about her qualifications! The opinions of the members of the house does not count here.

  24. Why make a big fuzz about David filing a disqualification case against Poe? Those who are making a lot of noise are opportunist and kibitzers who thinks only of themselves. No wonder we elect nincompoop in the likes of Lapid, Revilla and Nancy to mention the few because they are popular. May GOD help us if we fail to assert for the truth!

  25. Roldan Guerrero on

    It may be true that ill motives are initiated but I believe it is best for everybody to know the truth about these questions against Grace Llamansarez. There is nothing wrong to know what is the truth and this could only the means Grace Llamansarez violated or not the laws.

  26. Let’s not be mean to this nice lady. So far, she meant well in her actions as public servant. And she appears to be very decent.

    • That’s why she buried the SAF 44 report, she gave the report to Ombudsman Morales a known Aquino lapdog instead of to the senate for review.

      Now a vote is needed to reopen the report by the Aquino controlled house which was the plan all along.

      Poe is riding the Aquino rail and trying to hide it.