EXCLUSIVE

Draft ponencia disqualifies Grace

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Supreme Court (SC) Associate Justice Mariano del Castillo, who was tasked to write the draft decision on a disqualification case against Sen. Grace Poe, believes that the latter should be disqualified from joining the presidential race because she failed the residency requirement.

According to unimpeachable sources, del Castillo’s 70-page draft ponencia had been circulated among the 14 justices of the High Court.

A source told The Manila Times on Monday that the magistrate said Poe’s petition assailing the Commission on Elections’ ruling disqualifying her should be dismissed.

The draft decision also recommended the lifting of the temporary restraining order (TRO) that stopped the poll body from removing Poe’s name from the list of official candidates for President.


Chief Justice Maria Lourdes Sereno issued the TRO in December last year.

The court en banc affirmed the TRO when the tribunal resumed session in January this year.

Another reliable source said del Castillo’s decision was anchored on Poe’s failure to meet the residency requirement for presidential candidates.

The source said the issue of the senator’s citizenship was “avoided.”

“Only the residency [issue]was included in the draft. The Foundling Ruling is not necessary and can be avoided at this time,” the source told The Manila Times.

The Comelec disqualified Poe on the ground that she is not a natural-born Filipino.

But the camp of the senator also on Monday said it believes that the High Court will uphold what is true and just.

“There are so many speculations going around. But there is only one thing that is certain at this point. That is that the rule of law always will reveal the truth and the truth is what the SC says it is,” Poe’s election lawyer George Erwin Garcia said.

“Time and again, in the history of this nation, the High Court had consistently upheld what is true and just.”

Two cases that reached the SC and filed by Estrella Elamparo and the group of Francisco Tatad, Antonio Contreras and Amado Valdez were consolidated.

Another case involving Poe is pending at the SC.

This involves a petition filed by Rizalito David, who assailed a decision of the Senate Electoral Tribunal declaring Poe a natural-born citizen.

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78 Comments

  1. To all people who supports grace poo just because of her famous last name please explain to me why people should vote for her.

    Her own husband is a natural born American and he cannot even vote for his own wife this coming May. Her children according to her will remain American citizens.

    As senator, the number of bills she filed which became law is none. Big fat zero.

    Her other public service experience was at MTRCB which consisted of watching movies and classifying them as PG or GP or R.

    So tell me why people should vote for Grace? Give me a very good reason aside from her being the adopted daughter of FPJ.

  2. No one should be elected as Philippines president who renounces his/her citizenship in favor of other sovereign nation. #No to American family in malacanang

    • Lina Mallari on

      Yes, I agree with your comment. As for the issue of being a foundling, since they claim that she is a foundling then her being an “adopted” child of Susan & Fernando Poe should have gone through the legal process. So, is there any record in court of her legal adoption as a foundling? Assuming that she is a foundling, how do they ascertain that her parents are Filipinos? What if they were foreigners??? I have handled several cases of simulated birth certificates where at the time of the child’s birth, the “adoptive” parents had their names indicated in the timely birth certificate. Yet again, there are instances wherein there is a real birth certificate and another birth certificate is registered in the adoptive parents’ names to make it appear that the child is biologically their child. If only I could see what is written in her original BC. Oftentimes, in the cases that I’ve come across this kind of simulated Birth Certificate is based on an agreement between the biological parents and the “adoptive” parents to hide the shame and scandal in the family. I believe in the old adage – WHERE THERE IS SMOKE, THERE IS FIRE

  3. Du30 loses his advocacy. He ran because he does not want an american to run for office. I guess if du30 backs out. We only have 3 choices. Ok mirriam ill vote for u on the 2nd time for president

    • He,,,Duterte didnt lose advocacy..if this will be true..therefore……….Duterte is right on his actuation…………though..the supreme court avoided the issue…………still………trapoe….is disqualified for lack of residency…………….welllll………….i am looking forward for a good start and begiining of a great change in our country…..by the grace of GOD and THY WILL BE DONE>…..#VoteDuterteCayetano

    • wew thats because you’re not listening well on what duterte said about grace. he was pissed off by the judges decisions that that promted him to run but now says fully embraced it.

  4. Atty.Jun Paredes on

    We are a government of laws, not of men. The decision of the Supreme Court is part of the law of the land !

  5. Anna del Rosario on

    As what Dean Amado Valdez has repeatedly said…” She renounced her Filipino citizenship in favor of being an American citizen”, and when she saw an opportunity to be in a higher position, she wianrs to reclaim her Filipino citizenship back? Naloloko na ba siya? She thinks the Filipino people are insane like HER!!! FPJ was an actor, yes, and no one can deny that. But he was never a politician, so what legacy is she talking about? You might want to rethink your position, Ms. Grace Poe !!!

  6. Supreme Ct go ahead and sink all of us in the mud. How much crooked politicians have paid you? To hell is this technicality issue.

    • Let us first read the decision before commenting, always keeping in mind that we are a nation of laws.

    • Uphold the law in PH? What law/laws are u talking about? It is a land where money rules and corruption is normal.
      Corruption cannot be eradicated even if 5 generations will pass. At bakit di na mababago?

    • Wilfredo Olivar Monroyo on

      You got the nerve to talk to the Justices of the SC this way. Are these the kind of people who support GP? If she is intelligent enough to be President, how could she make a mistake in her application for candidacy submitted to the COMELEC about her residency? Simple mistake? First step towards her journey to the Presidency, mistake already?

  7. Ang pinag uusapan ditto ay yes or no lang ,walang impluwensya o mapapaboran. Hindi ako agree sa batang pangulo, kahit sinong maging pangulo, all are the same. In my life I already tried the following, 1. matalino, Marcos, martial law,, babae Cory kodita, Ramos military,no change or improvement, Artista ,Joseph Estrada, impeachment, Babae ulit Gloria, maydayaan, hindi naka porma sa programa, Pnoy, binate , kakampi walang kaso, kalaban ng partido kulung, Walang pagbabago.
    Hinggil ka Poe dapat amyendahan ang batas, walang sino mag pweding kumantidatong pangulo ng pilipinas pag minsan nyang tinalikuran ang republika ng Pilipinas.

  8. joey catacutan on

    the die is cast and Poe will win the supreme court ruling because of political pressure.

  9. I doon’ vote for Grace poe. Alam ba sino mga backers nya. Mag pa DNA muna siya para maniniwala ang mga tao na di siya anak ni Marcos. I match niya kay bongbong. Pag nagkataon baka magkapated ang presidente at vice . Patay na ang pilipinas. No to Poe

  10. Chemical Brothers on

    The sad thing is that Poe should also be held liable for perjury as the important information to be stated in her COC were all lies and hoax. How come that nobody in her inner circle would inform her of the consequences if in case the ruling is against her favor. Grace Poe is being used by those opportunist people behind her campaign just to stay in power with their illegal activities.

  11. Thats true, Llamanzares should be disqualified. Besides she has no experience to run the Country. We need a strong leader that can solve the Crimes and Corruption.She cannot hire Nonoy to be her Legal Adviser as what she says b-coz we need to clean up corruption.

  12. She misrepresented her COC at the Comelec, is that an
    honest mistake? That’s lying. Can we trust a liar?

    • A mistake no matter how honest is a MISTAKE. No excuses. So the SC is not clear on this? The constitution is not subject to humane considerations.

      No matter how small the crime is, if a person is caught, he goes to jail because he violated the law. He cannot claim an “honest mistake”. This premise is the beginning of more corruption.

      Talking along this line, does signing a questionable contract now be excused because it was done as an “honest mistake.

  13. I welcome the disqualification of Grace Poe. I see it weird that the Philippines’ first family living in Malacanang are americans.

    • We trust the truth not the lie… Must the Justice will think it over what is the Real thing not just doing of because they like Poe or not most they do their job…not because of money…AMEN…

    • As to having Americans live in the Palace will legalize the control of the IMF-WB on the Philippines. It started when the economic hitman, George Schultz, led the removal of President Marcos from power because of Marcos’ development plans. They installed a puppet, Cory, to carry out the power groups objective, and that is to make the Pgilippines a consumer country permanently. They forced the VAT on us , the removal of the Board of Investments and the removal of a sitting Chief Justice, and the TRO on Poe’s case. The neophyte lady politician makes the ideal “puppet” for the IMF-WB. Opinion ko lang.

    • Haha…If Grace had only worked her ass on the senate on making the Philippines the 51st state then having an american in Malacanang would be a non issue.

  14. NOYNOY palaboy on

    We do not need an opportunist backed by the powers that be…yong mga nasa likod ang totoong mag bebenefit

  15. How she became a woman of integrity if she didnt follow the law that she is not qualified for not meeting the 10 yr residency? The law must prevail.

  16. The law must prevail.she did not meet the 10 year residency.She must be disqualified,thats all.

  17. Being an ilonggo I should side with Poe but what she did to this nation should not be turned with a blind eye, she tried to fool the filipinos and that includes me and you (if you are) by giving confusing dates on her residency and still keeping her family as US citizens. Surely her renounciation was purely motivated by her political ambition nothing else, otherwise what benefit will there be. However we filipinos are intelligent people not to know this and the truth will finally come out to be guven by the Supreme court of our nation. Failed political ambitions will surely make Poe rethink of her citizenship status… you bet

    • Nicely said Joel. May I quote you on that when the decision is finalised and announced by the Supreme Court?

    • Joel tama ka gid. I for one do not side to somebody along my tribal line. I side with principle. Laws and rules must be upheld if we wanted this great country of ours to progress.

  18. Ang constitution ay napakalinaw at bakit di niya naintindihan na Hindi diya natural born citizen at Isa pa ang position na gusto niyang okupahan ay napakalaking responsibilidad at wla pa cya sapat na kakayahan o experience Sa pagpapatakbo, ano Ito OJT xa? Ano Student President na Naman? At tagakinig n LNG ng bulong ng mgs adviser niya? God bless and save Philippines….kawawa na ang taong bayan…

  19. Elizabeth Aco-Agbulos on

    Draft ponencia, nothing final yet. We need young, fresh, untained and sincere leader.

    • Hahaha what a joke!! Try to read 1 book about leadership,it might enligthen you..- A leader knows the way,shows the way,& lead the way.Leaders are made through tough times, they are not born. Do you have a family,kids? Or are you a leader??just wondering, coz your suggestion is absurd.

    • We need seasoned, tested, untained and sincere leader if we talk about the presidency. Young and fresh are for city and provincial levels.

      Poe may be young and fresh, but definitely NOT untained and sincere.

    • batangmindanao on

      untained? ba kamo? can she run the country being untainted? question, ngayon palng sino bah ang nagpapalakad sa kanya, maging puppet lng yan sa mga taong gusto manatli sa pwesto. MagingTraPoe din yan, embracing what and how the old system run and you expect new beginning? can you use old wine skin to a newly fermented wine?

  20. Elena Cordova on

    I hope this is not true. With Grace Poe a candidate, all four candidates have each strong chance to win. Note that all four are separated by just a few percentage points. If Grace is finally disqualified, my analysis is Binay will be the beneficiary. It was shown in previous surveys that when preference for Grace decreases, there is a corresponding increase in Binay’s voters’ preference. The correlation is such that the percentage decrease of Grace preference is reflected in almost equal increase of voters preference for Binay. Roxas and Duterte will not capture significant support from avid Grace supporters.

    • But if she will do the right and patriotic thing, which is what she should have done in the first place, that is to support Mar’s candidacy, then she can help turn the tide against Binay and Duterte. Set aside pride and ambition. She can still work in the public sector, mature as a public servant and hopefully become a true statesman, one who puts the interests of the country ahead of personal considerations (bayan bago ang sarili).

    • Paterno C.Olan on

      surveys are not real indicator of voter’s preference and usually false because they’re paid or commissioned by the party or individual who would like to have a survey. how many elections in the past that a certain candidate was leading in the survey but lost in the result of the election. thanks!

  21. Grace Poe came home for convenience not for the service of this country. She’s an american citizen, working and living in the U.S. She came back in this country only to take the opportunity of to seek public office banking on the popularity of his father FPJ, the same as what Pnoy did with Cory and Cory with Ninoy. Kung di namatay si FPJ, uuwi kaya siya para tumakbong politiko?

  22. Henry Desiderio on

    As one hugot line from the movie Heneral Luna said … Walang sinuman ang mas mataas sa batas … kahit na presidente! That said it all folks!

  23. Grace Poequino a liar will be disqualify for the presidency as well as senator, Chit Escudero, LOSER!

  24. carmen natividad on

    I still believe that fair justice will prevail and that Grace Poe is truly qualified. People trust her more than anybody in the presidential race. Let Grace Poe run. Let the voice of the people be heard.

    • Agapito Bagumbayan on

      Her ‘masters’, family, friends and blinded followers trust her more than anybody in the presidential race.

      We cannot let her run if the constitution says she failed to meet residency requirements. This is not about trustworthiness and popularity but about abiding by what is written in our laws. And if she cannot follow it, then where is the trustworthiness?

      Hope that blinded followers wake up. She maybe sincere personally but she is so naive in this. Ramon Ang, San Miguel Corporation and Danding Cojuangco and his friends are pulling her strings. Imagine how many PPP bids they’ll win when she becomes president. Imagine how many of their questionable business practices will be tolerated? Imagine how many favors would go their way instead of the Filipino people?

      Tama na yung awa-awa na yan kay Poe. Hindi sya kaawa-awa. She’s living a very comfortable, secure and peaceful life. I hope we wake up and realise who we need to take pity on, OUR SELVES the FILIPINO PEOPLE.

  25. No one is above the law…All along we knew already that Poe should be disqualified for lack of residency and for not a Natural born Filipino citizen..

  26. Sinasamantala lang ni POE ang kababawan ng mga Filipino na mahilig sa telenovela, paawa effect, pa poor effect, pa cute effect.
    Walang experience.. then sya ang mamumuno sa wendang wendang na bansang ito?
    Kahit siguro ABS CBN, GMA away nila ang maging CEO ng kumpanya nila walang experience – but then sila pa ang nag push kay POE na maging Presidente ng Pinas? Mga balasubas ng bayan!!!

    • consuelo dela rosa on

      Isipin na lang ninyo kung kayo ang nasa kalagayan ni Grace poe. Na pulot itinapon ng ina, anong gagawin mo ? pasalamat kayo at hindi kayo gaya niya ,ganoon paman gusto niyang makatulong sa atin pag mamalasakit at gusto niyang ipakita na kahit pulot lang siya gusto makatulong. Maganda naman ang intention nila ni Chiz. dapat tulungan na lang natin sila wala ng masasakit na salita o comment ilagay na lang nating ang ating katayuan kung kita ay siya? God bless us all.

  27. Andrea Abante on

    A true leader is made up of integrity, independent thinking, a heart for Filipinos, a modern outlook and a unifying leadership and Grace Poe has all of these. You have my full support and admiration, Grace Poe!

  28. Maria Gatchalian on

    We believe that Senator Grace Poe will not be disqualified because the law is on her side.

  29. Janet Oligan on

    Sen. Grace Poe, I might not know how it truly feels to be in your position, but I’m sure that it’s not a position I would wish on anyone. I just want to say that I admire you for being honest, brave, and strong-willed. You inspire a lot of people and this country definitely needs a leader like you. Your supporters are and will always be behind you. We believe in you, Senator Grace Poe.

  30. wannabe analyst on

    The SC already determined that Sen. Grace Poe did not meet the residency requirement, and probably she’s going to suspend her campaign and give her support, most likely to Mar Roxas. I think personal friendship between the two candidates still exists because of PNoy (my personal theory). How about the issue that she deliberately lied on her date of residency when she filed her COC running for Senate? Penalty includes terminating her at the senate and spend some time behind the bars, as well.

    If the SC declares that Sen. Grace Poe is NOT a natural born Filipino citizen, either by being a foundling or by naturalization process during her reacquisition of her citizenship, all her political ambitions will come to a halt because there will be no more chance for her to occupy the highest office of the land. However, if the SC declares that foundlings are not natural born citizens, her hope may revive by agreeing to have a DNA test with Sen. Marcos.

    • Mikel Scofeld on

      your comment is likely probable, but isn’t it questionable why will she be doing it then when she could have done it before? I think it will ruin her reputation and character. My opinion only…

  31. The camp of Grace Poe is insisting what they believe is right. They can no longer distinguish what is true and just. She lacks the ten years residency. Is it right for her to become president? . how many birth certificate she has with different entries? Her husband, her children are still americans. Maging Filipino lang sila pag nanalo siyang Presidente. See, how she manipulates the Filipinos? Ewan ko sa inyo. Lost case na talaga ang mga Filipino.

  32. What is true and just, is that Llamanzares is so ambitious that she wants to circumvent the law even if she keeps on using his U.S. passport after renouncing her citizenship. Llamanzares should be disqualified for lying.

    • disqualify is disqualified! Uphold the rule of Law . She lacks the residency requirement ! ……. period !

    • Roger Bolalin on

      Sen.Grace Poe is a liar when she applied for her COC. She lied on her recidency and all DNA testing from her suppose next of kin did not match to her DNA. Supreme Court judgement to disqualified her is right. She must quit to her political ambition and go back to USA to her American passport family.