Finding the greater evil while looking for the lesser one

17

In our decrepit political system, the honest and competent individual who wants to serve and deserves public support doesn’t always get it; the “most popular,” as the propaganda surveys and the conscript media call it, usually does. The most popular could turn out to be most corrupt, amoral and incompetent, but the people never get to know it until they have him in high office, by which time it is too late.

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From one election to another, we look for the lesser evil. The choice always tends to be between two or more evils, or evildoers — never between the bad and the good. Even some morally upright people tell us not to look for saints in politics because that would be wishing for utopia, which does not exist in the real world.

We have seen this repeated over and over again. And it is what we are seeing right now. There are as yet no official presidential candidates to choose from. But in the yawning political desert where no moral or intellectual life seems to grow, the following seem to claim ascendancy:

• Former Interior and Local Government Secretary Manuel Roxas 2nd, who is President B. S. Aquino 3rd’s closest ally, and whose legendary ability to evade difficult questions and hard decisions has never been impugned by either friend or foe;

• Vice-President Jejomar C. Binay, who once nourished the hope of being anointed as PNoy’s candidate, but has known no rest since from all sorts of charges coming from Malacanang attack dogs, led by the Senate trio upon whom nature seems to have wasted so much talent, youth, and fairly good looks;

• Davao City Mayor Rodrigo Duterte, who does not mind using gangster language to propose the political cancellation of Justice Secretary Leila de Lima and the physical extermination of the scourges of society and the scums of the earth;

• Sen. Mary Grace Poe Llamanzares, who appears to be technically stateless at the moment and is facing a disqualification suit from citizen Rizalito David before the Senate Electoral Tribunal (SET) and the Commission on Elections (Comelec) for not being a natural-born Filipino. With her American husband and American children intact, Grace is the only one who could guarantee an all- American First Family residing in Malacanang, without the Philippines having to become the 51st state of the US. And yet she is said to rate high in the propaganda surveys attributed to her surrogate uncle, Mahal Mang-ahas, using 1,200 unknown samples or “interviewees” arbitrarily chosen by the same pollster to express your views and mine, and the views of the rest of 100 million Filipinos;

• Sen. Ferdinand “Bongbong” Marcos Jr., who bears his father’s burden, and is being urged by a growing number of men and women to run, if only to end the savaging of our national dignity by a misbegotten political and economic tribe that has traded national sovereignty for their naked self interests.

Some see Roxas as the “lesser evil” for obvious reasons. He is the imminent administration candidate, having been endorsed by PNoy, and he will be the primary beneficiary of any manipulation of the automated voting system by Smartmatic and the Comelec.

Some others see Binay as the “lesser evil” because despite all the charges that have been hurled against him, he has managed to retain his irreducible share in the popularity ratings and has survived. He’s been badly bruised but he remains standing. His supporters argue that whatever wrongdoing he may have committed in Makati as its mayor for over 20 years, he at least shared his bounty with the poor and elderly by sending them a cake, flowers and some cash on their birthdays and giving them free movies every day. He has been to every wake in the vicinity and condoled with every family that had lost a loved one. Who else has done that?

Still some others see Duterte as the “lesser evil” because, as his media promoters put it, he is the only guy who’s talking about federalism, the parliamentary system, and a “revolutionary government,” even though his idea of the latter may be completely different from that of the National Transformation Council. He also promises to solve decisively and with finality the country’s peace and order problems. As a young lady put it when asked why she prefers Duterte, she’s a mortician and there will be brisk business for her kind.

Still for so many others, “none of the above” qualifies for the “lesser evil.”

And this is where Sen. Grace Poe Llamanzares comes in. She is a fresh flower in a withered garden, obviously intelligent, with sensible and well-crafted statements on some public issues, and almost always simply dressed, in white, on public occasions. She was born of unknown parents, adopted by the movie actor Fernando Poe Jr. and his actress wife Susan Roces, pursued her studies, and got married in the United States, where she renounced her allegiance to the Philippines and became a US citizen in 2001.

She remained in the US when FPJ ran for president in May 2004 and died in December that same year. She returned to the Philippines in 2005, while still an American citizen; accepted a government appointment in 2010; ran for the Senate and “won” in 2013;and is now being urged by a powerful politico-business group running ports, airports, casinos, and large conglomerates to run for President, even while facing a disqualification suit before the Senate Electoral Tribunal and the Commission on Elections for not being a natural-born Filipino citizen, and for lacking the period of residence in the country immediately before the 2013 election.

If the suits against her succeed, Grace Poe Llamanzares will be unseated from the Senate, and disqualified from ever running again for any public office. This would be a victory of, and for, the Constitution. This brings us back to the time when then Sen. Raul Manglapus, at the height of his popularity, was disqualified after winning the election because of “overspending.”Dura lex, sed lex—the law is hard, but it’s the law.

Mrs. Llamanzares’s case is more serious than that of Manglapus. It would mean the end of the ambition of those who would like to own the next government, and the Republic of the Philippines through Llamanzares.

This is why they are trying every device to divert the issue away from the Constitution into every possible argumentum admisericordiam and argumentum ad hominem, and other irrelevancies. But the legal proposition has been clearly stated—-both in relation to her right to sit in the Senate, or in relation to her right to run for President or Vice President. And there is no getting away from it.

What does the Constitution say?

The1987 Constitution provides that no person may be elected senator, or congressman, or president or vice president unless he is, among others, a “natural-born citizen of the Philippines.”

The 1987 Constitution provides that “natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their citizenship.”

The 1935 Constitution, which was in force when the infant Grace was born, provides that “those whose fathers are citizens of the Philippines” are citizens of the Philippines. The 1987 Constitution provides that “those whose fathers or mothers are citizens of the Philippines” are citizens of the Philippines.

What does the law say?

Republic Act 9225, otherwise known as “Citizenship Retention and Reacquisition Act of 2003,” provides that “any provision of law to the contrary notwithstanding, natural-born citizens by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired their citizenship upon taking (the prescribed) oath of allegiance to the Republic… Natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their citizenship upon taking the aforesaid oath.”

What do the implementing rules say?

Memorandum Circular No. AFF-04-01 of the Bureau of Immigration provides that these rules shall apply to former natural born citizens of the Philippines only, as defined by Philippine law and jurisprudence, who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country, and they shall submit the NSO-authenticated copy of their birth certificate as proof of their declaration.

What are the material facts?

In 2006, Grace Poe Llamanzares filed a petition for reacquisition of Philippine citizenship under RA 9225 in which she said: “I am a natural-born Philippine citizen, born on Sept. 3, 1968 at Iloilo City to Ronald Allan Kelley Poe, a Filipino citizen, and Jesusa Sonora Poe, a Filipino citizen.”

The same statement was made on her behalf when she first applied for a Philippine passport to allow her to leave for the US to pursue her studies.

She made the same statement in 2013 when she filed her certificate of candidacy for the Senate.

The same statement was made at three critical stages in Grace Poe Llamanzares’s life, but it was and remains a false statement.

She was born of unknown parents, found at a church in Jaro, Iloilo on Sept. 3, 1968, and “adopted” by the Poe couple, who were married on Dec. 25, 1968. The date of the “adoption” is not officially recorded, and nobody has seen the adoption documents.

Having no citizenship upon birth, she became a Philippine citizen as a minor through some legal or illegal process. That process irrevocably destroyed any claim to “natural-born” status.

In any case, her Philippine citizenship was extinguished when she became a US citizen in 2001. She lost her US citizenship in 2012. She was not a former natural-born citizen when she made that claim in 2006, but because of her misrepresentation, which the BID failed to check, her petition was granted. Nevertheless such grant was invalid.

Under the circumstances, Mrs. Llamanzares hardly qualifies as a lesser evil. To the contrary, she could metamorphose and balloon into a bigger evil if her defenders, promoters and funders decide to force her candidacy upon the nation with the fury of an invading force, despite her constitutional disability.

They seem to believe that with their power and money, they could persuade the Comelec and the Supreme Court to thrust a dagger into the heart of the Constitution and allow the propaganda fraudsters, the conscript media, and a rigged automated election to falsely proclaim “voxdiaboli,vox Dei!”

Let’s make sure that nothing like this hits us before missiles start raining at the Korean peninsula.

fstatad@gmail.com

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17 Comments

  1. Matthew Parkes on

    Grace Llamanzares is a natural-born Filipino. A foundling does not make you stateless, nor can such an inference be drawn from the Philippine Constitution.

    Notwithstanding this flaw in Kit Tatad’s argument, Grace Llamanzares must be disqualified from the Senate on the basis that she was a US citizen until 2012 and never met the residency requirement.

    Her US citizenship is a fact. That she was born stateless is not.

  2. It should not be a choice of which right of Evil to take but rather more of finding the right Leader who can Unite and truly have the experience of governing. He must be Competent and Capable of putting an effective team from different sectors that have the knowledge and expertise to tackle the problem that’s plagued our country.

    The last 5 years with BSAquino and his LPParty has not done anything to better the lives of most in this country. We have an Arrogant Self Serving President . He should have Resigned together with Roxas/Abad/Purisima when the DAP and the Mammasapano massacre happened. They are pure Evil!

  3. i truly believe in what you’re saying, albeit, watered down belief, when you used an ellipsis to leave out the very words that our green card holding politicians are using to circumvent the renunciation part, if and when, they take a second citizenship
    Unfortunately for Ms. Poe, though, she effectively renounced Philippine citizenship in 2001. Had she renounced after the law, her lawyers may have a better chance of disproving your contentions. I’m not taking anything away from our SC justices’ capability to render their shortsighted interpretations,though.
    That is, also why our BI are trying to thwart section 2 of RA 9225 by insisting on their form that signers are essentially waiving their right to this “ellipsis”.
    For those readers (if there be any at this late hour) who do not understand me, may I direct you to google RA 9225 (then see Section 2)
    the ellipsis by Mr.Tatad is printed out in the first entry you will see.
    So please, refrain from ad homineming me to …POOF

    “natural-born citizens by reason of their naturalization as citizens of a foreign country are hereby deemed to have reacquired their citizenship upon taking (the prescribed) oath of allegiance to the Republic… ”

    • I’M TAKING BACK WHATEVER I SAID ABOVE.
      I just re-read RA 0225 and the “ellipsis” which i’ve always thought to be saying “as if it had never been lost” IS NOT THERE NOW.
      I’ll have to go back to my notes and see if it was there in 2003 or 2004.
      I’m wrong to say that Mr.Tatad left out those critical words. Pls. accept my humble apologies.
      BUT I’M NOT TAKING BACK ANYTHING ABOUT MYOPIC JUSTICES AND SNEAKY BI.

  4. Facts are stubborn things”. As things now stand, Ms. Grace Poe is not a natural born Filipino as specifically defined by the Philippine Constitution. Unwittingly, even her own adoptive mother Ms. Susan Roces confirmed this fact when, in a well-publicized angry rant, she declared that she and her late husband had to go through a “court fight to obtain a true birth certificate” for their child. Why was this “fight” necessary? As most Pinoy parents of natural born children can easily attest to, they don’t have to go to court and fight just to get such a certificate.

    I suspect that Ms. Roces is really referring to the Court hearing that she and the late FPJ had to attend to adopt and obtain permanent custody of a foundling. Somewhere in a Civic Registrar Office in Jaro, Iloilo, or the town/city where the Court hearing had taken place (Bacolod? Manila?), the following documents are on file for Ms. Grace Poe: a) a Decree of Adoption; b) an Amended Certificate of Live Birth, and c) a Foundling Certificate. Grace was being deceitful and “economical with the truth” when she declared in various documents that she was a “natural-born Philippine citizen born on Sept. 3, 1968 at Iloilo City to Ronald Allan Kelley Poe, a Filipino citizen, and Jesusa Sonora Poe, a Filipino citizen”. As a baby, she was abandoned in a church by parents who were unknown at the time and continue to be unknown. Maybe it is time for her to overcome her reluctance to submit to a DNA test. Doesn’t she want to reconnect with her biological parents?

    Carry on with your crusade, Mr. Tatad, carry on. You have an army of “birthers” behind you. The Philippines does not deserve to have as president a puppet controlled by oligarchs. Maybe for once, the Angels will intervene and save the country.

  5. dio san pedro on

    Mr Tatad, although a good percentage of the Philippine citizenry will fully understand what you have written here, I’m afraid that even a bigger percentage will not. I hope that you have another outlet to put all these important information out to the people of the Philippines. Especially those who are not too familiar with the written English language.

  6. Sir From my standpoint:
    Alam naman po natin kung sino ang mga controllers.
    Si grace parang gagawin nilang barbie doll.
    Si Boy pick up naman po e still in search of his identity at,
    Si Binay naman po e ang anino ay sina baloloy at limlimgan
    Ay buhay nga naman…

  7. I ‘ll bet that at that precise moment some Filipino biological parents of grace or those that will claim to be so will emerge to proclaim their parenthood to establish that grace is a natural born Filipino. In this political circus of ours no one can dismiss any possibility in fact we should expect the bizarre and ridiculous to happen. When this happens people will ask why only now where were they I in all those years before 2016 and like a telenovela drama a tearfully old looking woman will express her soulful lamentation that she has continued to love grace forever but only recently got the courage to emerge and settle the controversy. Let’s see if my gut feel will be confirmed.

  8. Leodegardo Pruna on

    The Philippine Constitution is the basic law of the land. Let us respect it. Grace should be graceful enough to accept the truth otherwise she disgraces not only herself but the nation-state as well. God bless the Philippines.

  9. Felimon A. Soria on

    I am beginning to realize that despite all these claims about the status of Sen. Llamanzares, the money machine and the uncle pollster will propel her to the highest position of the land.
    May the good Lord bless the Philippines.

  10. Sad why Pilipinos are always forced to choose between evils to lead the country.Why not a law, then, that all candidates must be “exorcised” first before filing their COC.
    Only in the Phillipines.

  11. Cres Malifier on

    The facts are very clear. Mrs. Grace Poe Llamanzares is not qualified to remain in the Senate and run for president or vice-president or anything else. She lied under oath and deceived the Philippine Republic about her birth and parentage.

    If despite all these, her political career continues, it would prove that everything has gone wrong in our nation-state.

    Those who love our country, our Constitutional order and our Republic should rise in revolt against the Aquino government and the entire governmental system because it has been taken over by ANTI-PHILIPPINE POWERS.

  12. Jose A. Oliveros on

    Sen. Mary Grace Poe-Llamanzares is stateless because the identity – and consequently the citizenship – of her biological parents are unknown and her purported adoption by the FPJ couple did not make her a Filipino citizen. The Dual Citizenship Law speaks of retention or re-acquisition of Filipino citizenship. She had, therefore, no Filipino citizenship to either retain or re-acquire in 2006 and up to now.

  13. Mar Padilla, Jr. on

    To me, she was born and put her on the outside of the church of IloIlo and somebody found her. But nobody knows who is her legitimate parents. Which is nobody knows whether the parents are Filipinos or Foreigner. The founder should have register her as Filipino, because she was found inside the Philippine soil or as the Law says that you were born on the commercial Aircraft or Commercial ship inside the Philippine air space or inside the Philippine water, ocean, seas, then your citizenship should have been the country you were born whichever. You could claim your citizenship of your parents when you reach the age of 18 years old. But in this case your parents are identified. But in the case of Grace Poe Llamanzares,which the parents is not identified but she was found inside the Philipine Territory, she is automatically a Filipino citizen until such time the the true real parents will found, or will claim her. She could follow the citizenship of her parents if she wanted to, if she is 18 years old at that time.

  14. That is a bizarre scenario for Grace Poe. that Filipino people can never accept it.

    • If she was found at the church of Ilo-ilo, common sense will tell you that she was born in the Philippines. It will be absurd to even think that she was born in another country and was left at the church in Iloilo. The problem is the identity of her original parents which does not have anything to do with her being naturally born in this country, not her citizenship. If you were born in the Philippines, do you have to know your parents in order to be a citizen? jus soli or jus sanguinis?