High Court junks Adan’s case vs Poe

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SC upholds Grace’s presidential candidacy

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Senator Grace Poe got a reprieve from the Supreme Court (SC) when it junked a petition seeking to boot her out of the presidential race in the May 2016 elections.

The high tribunal, sitting en banc, on Monday dismissed the petition filed by Vicente Dante P. Adan against the Commission on Elections (Comelec).

Adan had questioned the Comelec’s decision to accept the senator’s certificate of candidacy, as well as the COC of other candidates who had renounced their foreign citizenship to become Filipinos once again so they could seek electoral posts in this year’s polls.

But the High Court ruled that that the Comelec did not commit grave abuse of discretion when it accepted the COC of Poe and other candidates who reacquired their Filipino citizenship under Republic Act (RA) 9225, or the Citizenship Retention and Re-Acquisition Act of 2003.

In its ruling dated January 26, 2016, signed and promulgated by Felipa Anama, Clerk of Court of the en banc, the SC dismissed the petition for mandamus filed by Adan, saying the petitioner cannot ask the tribunal to compel the Comelec to reject the COC of Poe and other candidates via a mandamus petition.

“After a judicious review of the records, the court resolves to dismiss the instant petition for failure of petitioner Vicente Dante P. Adan to show that the cancellation of the certificates of candidacy of citizens repatriated under under Republic Act 9225 of the Citizenship Retention and Re-Acquisition Act of 2003, who are running for national elective offices, is a ministerial act of respondent Commission on Elections and a proper subject of a petition for mandamus under Rule 65 of the Rules of Court,” it said.

Although Adan mentioned the cases of other naturalized Filipinos in his petition, only Poe was included as a private respondent.

The SC also ruled that Section 2 of RA 9225 is legal and constitutional, noting that it cannot be assailed by the petitioner through a collateral attack.

Section 2 of RA 9225 states that it is the policy of the State “that all Philippine citizens of another country shall be deemed not to have lost their Philippine citizenship under the conditions of this act.”

The tribunal pointed out that if someone wants to question the constitutionality of a certain law, he or she must file a petition directly assailing that law.

If not, that law shall be presumed to be a valid one.

“Moreover, the petition assails the constitutionality of Section 2 of RA 9225 which, under prevailing jurisprudence, constitutes a collateral attack on the said law. It is settled that a collateral attack on a presumably valid law is not allowed,” it pointed out.

The case is separate from the disqualification cases filed against Poe that are pending at the high tribunal.

The SC will continue to hear oral arguments on Poe’s case on Tuesday.

The senator was disqualified by the Comelec on the ground that she is not a natural-born Filipino citizen.

The High Court, however, issued a temporary restraining order late in December 2015 stopping the poll body from dropping Poe from its official list of presidential candidates.

Also, the tribunal is yet to decide on another petition questioning the decision of the Senate Electoral Tribunal (SET) dismissing the disqualification complaint filed against Poe.

Several personalities and groups question the candidacy of the senator, among them Francisco Tatad, Antonio Contreras and Amado Valdez.

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12 Comments

  1. Do we have a Jungle Law in our country???. Or our supreme court justices were stupid enough because of MONIES…Ganito na lang ba ang kalakaran sa ating bansa magmula ng maging Presidente ang lunatic na ito?? ? BRIBING MONEY…kawawa na lang ang ating ordinaryong mamayan.. Alipin ng mga dilawan na mapangabuso ….
    Gising Pilipinas, kung Filipino ka dapat may pakialam ka…

  2. Manila Times, the title of your article is very misleading, this is a petition for mandamus under Rule 65 of the Revised Rules of Court directed against COMELEC and not against Grace Poe… The issue of the case was whether it is merely a ministerial duty of Comelec to cancel COC of returning citizens under R.A. 9225.

    The Decision stated that Comelec cannot be compelled to cancel the COC but it did not rule as to the qualification of Grace Poe to run as President neither made any pronouncement as to Grace Poe in any manner.

  3. Is there will be similarities as SC passed the EDCA allowing more American military camps in PH. As the American girl will win Her case also at SC. If she win the Pres. election (hope it will not) the country will run by the American lady and more camps will be allowed in Phil. island. The phil. will be called United State of America Extension.

  4. There should be a minimum of 8 Justices to constitute a majoirty. So far only CJ Secreno and Justice Leonen are inclined to favor Poe, while the 8 Justices who had already interpellated COMELEC Commissioner Arthur Lim are already in the majority to DQ Poe.

  5. opinionated na pinoy on

    The lawsuit was against the COMELEC for accepting COC of “Balikbayan na Pinoys” who renounced their foreign citizenship to become Filipinos once again so they could seek electoral posts. Eh, nayabangan lang si Mr. Adan noon sa atin mga “Balikbayan na Kababayan”, and his “mandamus petition” did not materialized because the High Court said that COMELEC only doing its ministerial duty.

    The High Court have yet to make decisions on lawsuits filed by these “heavy duty” folks, like Mr. Tatad, Contreras, and Valdez. I suspect that there will be a “Constitutional Crisis” if the High Court will vote for Grace Poe. If the High Court do not deviate or make addendum to the Constitution, they should rule it like it is. But then again, they (High Court) can make up something like “because of ” humanitarian reasons or naaawa sa mga foundlings”, we declared that foundlings are natural birth Filipino citizens. Sen. Enrile was able to post bail, so nothing is definite, and as the Filipino saying na “walang sigurado sa buhay”. Asungots like myself always suspects that there is an element involved when the Justices interpret laws differently, or make too much deviations, or addendum to the existing laws. That element is money.

    I think that the High Court should rule the case of Grace Poe, like it is, that she is not a natural born, because foundlings do not have a clear definition in the Constitution, and tell the Congress to amend the Constitution. Make it clear, so that there will be no doubt in peoples mind. But then again, in the Philippines, inhabited by Filipinos like me (I), do things differently, when another element(s) is involved. The whole world is watching what the Supreme Court is going to do next.

  6. A foundling found in the Philippines if the Supreme Court rule that they are natural born citizen of the Philippines, what can stop China from sending a mainland Chinese pregnant woman in the Philippines until she gives birth then found & adopted by a Filipino Chinese lawyer couple the same way as Grace was adopted by Fernando Poe & Susan Roces. Does this mean that upon reaching 40 that Chinese child who automatically becomes a natural born citizen because of the Supreme Court ruling could become a candidate for President of the Philippines.
    If so the next President of the Philippines can be a mainland Chinese what then would happen to Spratley’s

    • Noel may have a point. It would not be a farfetched possibility that a Chinese tourist could give birth while sojourning in the Philippines and, for one reason or another, the newborn is tossed at the doorstep of a church and left there for others to care. Is the baby, who is a Chinese in all respects, not a foundling?

    • I think there are some illogical areas in your arguments. By their physical features alone pure Chinese are obviously not pinoys .

    • hahaha yes you are right on your idea. I hope Grace Poe should realized these if she is really Pilipino and love Philippines. She should give way by now if she do not want a Chinese citesense will be Philippine president. she can still wail until here senatorial term pass and concentrate on her job as senator and make straight forward laws

  7. Grace Llamanzares and her partisans must not be jumping with joy in this SC decision. It is not related with the cases against her qualifications whatsoever. The DQ cases are entirely different.