• Honest mistake, good faith, no intent to mislead, terminological inexactitude

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    From immersion in the case of  Grace Poe, I have gained not only invaluable information on the workings of our legal system, I also got a few insights into the work of lawyers and  their arsenal of defenses and strategies in defending clients when they lie.

    Grace Poe’s lawyers (as well as her defenders in the Supreme Court) cannot be faulted for lacking  rrsourcefulness  and imagination in explaining  her “succession of falsities” (Justice Brion ‘s phrase) to convince the nation that she is constitutionally eligible to run for president.

    The fact is, they have employed every weapon in the legal profession’s arsenal of defenses for a client who is on the dock for lying and dishonesty.

    To defend Poe’s serial falsehoods on her citizenship and residency credentials,  her lawyers have invoked in chronological order, honest mistake, good faith, no intent to deceive, presumption, probabilities, and accusing the Commission on Elections of grave abuse of discretion.

    The only weapon they failed to tap is Winston Churchill’s witty and novel defense of lying: “terminological inexactitude.”

    Churchill’s circumlocution and euphemism

    The great British Prime Minister and politician introduced “terminological inexactitude” in 1906 as a circumlocution in order to avoid being caught in a lie or untruth.

    Following the1906 election, while speaking in the House of Commons on February 22, 1906 as Under-Secretary of the Colonial Office, Churchill repeated what he had said during the campaign:

    “The conditions of the Transvaal ordinance … cannot in the opinion of His Majesty’s Government be classified as slavery; at least, that word in its full sense could not be applied without a risk of terminological inexactitude.”

    It appears that this first usage was strictly a roundabout way of referring to inexact or inaccurate terminology. But the phrase was soon interpreted or taken up as a euphemism for an outright lie. Since to accuse another member in the House of lying is unparliamentary, the phrase proved useful for imputing falsehood to someone without saying it.

    “Terminological inexactitude” could have been useful for Grace Poe’s defense by discombobulating her critics, the petitioners for her disqualification as a candidate, and the commissioners of the Commission on Elections.

    But this would at best be a temporary distraction. Those women and guys fighting her are a pretty clever bunch. They know every trick in the book. And they look pretty well educated in the ways of the world and the law.

    The most that can be said is this: where honest mistake is openly deceitful, terminological inexactitude is delightfully witty and pretentious.

    “Terminological inexactitude” will fail against the cold facts of Grace Poe’s deceptions.

    Where the lying started

    As meticulously traced and reconstructed by Justice Arturo Brion’s dissenting opinion, Grace Poe’s false material representation of her citizenship started in her application for re-acquisition of citizenship under RA No. 9225. This became the foundation for her exercise of critical citizenship rights such as,

    (1) her appointment to the Movie and Television Review and Classification Board [MTRCB];

    (2) her candidacy and election to the Senate; and

    (3) her present candidacy for the presidency.

    Had Ms. Poe identified herself as a foundling (i.e., one who cannot claim descent from a Filipino parent) in her application, the Bureau of Immigration (BI) would have inquired further because this undisclosed aspect of her personal circumstances touches on her former natural-born citizenship status–the basic irreplaceable requirement for the application of RA No. 9225.

    Significantly, the BI approval of her reacquisition of citizenship led to her appointment to the MTRCB and her subsequent election to the Senate.

    Both these positions require natural-born citizenship status; the BI recognized her as a natural-born citizen based on her misrepresentation; but it did not and could not confer on her natural-born status.

    Since that initial lie, Grace Poe has been a public personality who has had to always stay one lie ahead of the truth. She had to lie in her 2012 certificate of candidacy (COC) to run for senator in the 2013 midterm elections. She had to invent a fresh lie for her 2015 COC to run for President in the May elections.

    She also had to misrepresent and doctor her period of legal residency in the country, multiple times.

    When she made the claim that her biological parents were Fernando Poe, Jr. and Jesusa Sonora (Susan Roces), she doubled down on her deceitful concealment of her being a foundling.

    The initial lie launched, we might well say, her public life and political career.

    Because she knows at heart that her claim of natural-born citizenship is a lie, she has been forced to embellish her claim with all kinds of subterfuges and deceptions.

    Lying to no avail

    All the falsehoods have availed her nothing, however, except illusory popularity.

    The supposed High Court finding that she is a natural-born citizen with 10-year residency has been unmasked as fiction.

    She remains right now a person who still must prove that she fulfills the constitutional requirements to lawfully run for President.

    She still must contend with a Commission on Elections that evidently has full jurisdiction over her case, and has the authority to disqualify her as a candidate.

    As things stand now, there are no arguments left that she can raise to prop up her wobbly status as a candidate for President.

    Maybe it’s really time for her to admit and accept the truth.

    yenmakabenta@yahoo.com

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    20 Comments

    1. “honest mistake” explained! Honest mistake means ‘good faith’ which means no intent to deceive and that mistake can be explained. Thus, if you have ‘3’ children and a questionnaire asks about the number of your children and you (by honest mistake) put ’30’, the 3 will prevail because it is a fact and not the 30.
      In honest mistake, GP put 5 yrs. and 6 mos. in her 2013 Senatorial CoC which conflicts with her 2016 Presidential CoC. The Senatorial CoC is a mistake because she’s been a Pinas resident since 2005 or 8 yrs already and the 2016 Presidential CoC is the correct one. It was explained and the SC accepted the explanation. Period!

    2. Kung ganuon sa panahon ngayon, tanggap na ng Korte suprema ang HONEST MISTAKE??? Ganun na ba kabobo ang mga supreme court>> nasa batas na ba natin na katanggap tanggap ang honest mistake which is also a LIE.??? aBA nmn kayo..ako ay nothing.. Kahit saan mo tingnan anggulo, pag sisinungaling parin ang kanyang kaso, na hindi dapat panigan ng mga judges ng supreme court. Kaya hindi ako magtataka sa nabasa ko sa isang international news na sa isang subd. sa STATE SA US na bawal tumira ang mga lawyer… dahil para sa kanila ang lawyer ay LIAR. Ang tama ay naimamali, at ang mali ay naitatama…
      Ms.Poe is also a puppet of Pnoy government.. Kaya ba niya ipakulong si Pnoy kung sakaling manalo siya??? iyan ang dapat ninyong sagutin na mga fans ni Poe.. For me Poe is not credible and not suitable to run for President, because she is like corykong , a plain housewife only. Sa mamasapano massacre lang iniwan nya na nakatiwangwang na walang conclusion kung sino and may sala…?? bakit hindi nya mapinpoint kung sino ang may responsibilidad,, samantalang malinaw pa sa liwanang ng araw na si Pnoy ang may kasalanan ng lahat, dahil siya ang in command as Commander in chief of the Philippines… Alangan naman kami, na mamayang Filipino ang commander in chief of the Philippines??? nasaan nmn ang utak ninyo…

    3. Paano na ngayon pag manalo si Grace eh di lahat Pwede na magkamali sa pag fill up ng Bio-Data dahil Honest Mistake. Marami ng Taga Mainland China ang magiging Natural Born Pilipino dahil pina-ampon ang Intsik na anak sa Pilipino. Lalo ng magugulo ang Pilipinas pag tunay na Intsik ang maging Pangulo ng Pilipinas

    4. I was conversing recently with some government brass that is pro Mar Roxas for president and quizzed them what if Rod Duterte leads by five points against Mary Grace Poe a week before the May 9 presidential election.
      One of them said “Special Ops”.
      I told him “it can be an option, but the logical thing there is President Benigno Aquino asked Roxas to withdraw “kasi sabi ng Pulse Asia if Roxas withdraws almost 50% of his votes go to Poe, and we can just do our math to see how that translate to Poe’s votes versus Duterte”.
      I added that in case Duterte eclipses Poe, the President would be obliged to do it since he and Roxas faces the non-bailable plunder cases on the Disbursement Allocation Program ( DAP) aka billions of pesos of pork barrels and others after they stepped down. READ NEWS:
      http://mortzortigoza.blogspot.com/2016/04/poe-still-win-even-if-duterte-leads-by.html

    5. congratulations senator grace poe for being the consistant no.1 in
      all polls … we hope and pray that you will end up the winner this
      coming may 9, 2016 …..mabuhay ang kandidato na may ” gobyernong may
      puso “…

      Deserve mo yan Sen Poe dahil ikaw ang karapat-dapat na maging
      presidente ng bansa dahil sa iyong galing at malasakit sa bansa,
      Inaasahan namin na ikaw ang mananalo at maipagpapatuloy mo ang iyong
      pagseserbisyo ng mabuti sa iyong mga kababayan at pati na rin sa bansa.

      mabuhay ka senator grace poe … our future commander in chief in may 9,2016..you are indeed our president after aquino. Keep up the good campaign .we will vote for you this coming election.

      • Which part can you not understand? Grace Poe lied and misrepresented herself. Iyan ba ang pinagsasabi mong gobiernong may puso? May puso na ba ngayon ang pagsisinungaling? Iyan ba ang may karapatan at deserving na maging pangulo ng bansa?

        OMG!!! So naïve and so gullible!!! Wala nang pag-asa ang bansa pag ganiyan ang mamamayan. Isip isip naman pong maigi pag may time. Basa basa pa more para may dagdag talino.

      • “dahil sa iyong galing at malasakit sa bansa”???

        “ang kandidato na may ” gobyernong may puso “…???

        hmmmm, may ebidensya ba para sa mga katagang iyan??

        ano ibig sabihin ng “gobyernong may puso”? dahil ba yung gobyerno ni ngoyngoy walang puso?

        puro motherhood statements, walang linaw ang mga sinasabi ni poejuangco.

        if she wins, this means another 6 years reminiscent of the cory and noynoy Aquino presidencies.

    6. KATULAD DIN SI GRACE NI ADOLF HITLER PNOY SINUNGALING AT BAKA GAWIN DIN NIYA ANG PINAG GAGAWA NI EVIL DICTATOR CORY, KATULAD DIN NI ADOLF HITLER PNOY ISISI SA MGA MARCOSES ANG KASALANAN SA BAYAN NA HINDI NAMAN SILA ANG ME GAWA.

      KATULAD NA LANG NG PAG MASAKER SA MGA SUGAR FARMERS SA HACIENDA LUISITA HUMIHINGI LANG NA TULONG KAY EVIL DICTATOR CORY NAMASAKER PA SILA. KATULAD DIN NG MGA RALLYISTA ANG IBA ESTUDYANTE NAMASAKER DIN SA MENDIOLA/MALACAÑANG. TAPOS IBIBINTANG NI ADOLF HITLER PNOY NA SI EVIL DICTATOR CORY NA PANAHON SI MARCOS DAW ANG ME KASALANAN SA BAYAN. ANO BA IYAN.

      NGAYONG NAMAN ANG MGA FARMERS SA KIDAPAWAN, NORTH COTABATO MARAHAS NA DISPERSAL AT BALAK PANG MAMASAKER HUMIHINGI LANG NA KONTING TULONG AT WALA NG MAKAIN ANG PAMILYA ITO AY ISANG URI NG PAGMASAKER.

    7. …And she has the gall and gullible talk of selling herself to the madlang masa’ng minangmang na Filipino people that she is the right person to lead this impoverished country of crooks Philippines, the now newly established global capital of Global Funds money laundering haven aka black hole. And Thanks to our Bank Secrecy Law, we have the right to remain silent and tight lipped so as not to spill the beans – we’ll just let our high profile and high maintenance fees lawyers do the talking – of exonerating us out of our involvement –

      Back to GPL, all established legal platforms have been subjected to liberal interpretations in order to accommodate her ambitions of salvaging any semblance of final justice to what happened to her adopted Dad DA KING of 2004 run – over run by a simple shrewd call by the little incumbent to pad the votes in her favor….the rest is history. And as we speak, the same rotten, stinking political agendas is constantly perpetrated by the Palace resident. Down to his last two months, still, he is mouthing things like we are all idiots all ears and always willing to listen to him – the Imam of a Yellow Cult religion Daang Matuwid, after all he is an Aquino.

    8. People, though with clear eyes and mind, just want to presecute their case against Grace Poe. I can see as well as many that Grace Poe is a Filipino but because she is running number one, so the blind eye comes to justify the malicious motive. Also, about the residency, the Supreme Court has decided the case and yet people wanted to stay on pretension of being blind and cry” injustice”, the old trapo way. Give her the chance man. Your publicity stinks. You wake up and stop poisoning minds of people. You know, many people stays in what they believe, so, if you didn’t prevail in yours, shut up because the Supreme Court has ruled, so now, you’re a nuissance!

      • Bakit nman kmi boboto ky Pu-Llamazares yon asawa at anak di mka vote sa kanya– ikaw ang blinded naBOBOtante.. ano b ang pnag mmalaki nya as MTRCB chair?? marami p pirated CD ngayon; pgka SenDora Nya– saan n ang MMASAPAN0 report na archive di nga nya na present sa plenary– c Tatay FPJ tutulong sa mga api– reel story lng yon – wala accomplishments

      • Hijo, there was no majority decision nor was there a ruling on citizenship and residency which makes it not a ruling at all.

      • are you sure the supreme court ruled with finality??? e mukhang mali ang math ni sereno. at kung saan saan pinulot ang pinagbasehan ng desisyon. at best, the decesion by the sereno and her minions put the question on hold which is the real game plan from the beginning. at the end of day, with poequino-poejuangco winning the count, the supreme court would now do the cop out way and declare VOX POPULI, VOX DEI. ito naman ang sinasabi ng mga tagapondo ng kampanya ni poequion-poejuangco mula pa ng magsimulang ambisyonin ang pagka presidente.
        btw, you, if am not mistaken, is a marcos hater, am i correct in saying so?? if so why are you now supporting danding via poequino-poejuangco. lest you forget, danding is the NUMERO UNO BFF crony in marcos na nakinabang sa dugo ng mga coconut planters nuong martial rule. think about it.

    9. The running of Poe-Llamanzares is simply revealing the culture of politics in the country; the lack of integrity of leaders and the vulnerability and navite of the people, topped by ambition, greed, power and lack of morality.

      Here’s an obvious ‘politically-motivated’ decision by the highest court of the land, headed by a ‘politically-appointed’ CJ, whose appointment raised the eyebrows of lawyers, judges, legal minds and pundits.

      Here’s a candidate who undermines the fundamental law of the land, making a mockery of it, and taking advantage of the vulnerability of the movie-celebrity-and- star-awing members of the electorate, for greed and power, irrespective of morals and ethics. In sum, no care.

      Despite all of these, the big question is: “How in the world, can other government officials and leaders still support such a candidate, if ever elected, will cause a nagging question of her eligibility which may cause “BIG” nagging problems?” Such election will adversely affect the stability of particular government institutions and of the whole country. Foresight, anyone?

      Folks, the candidacy is for the highest position in the land! Want to be governed by one of questionable citizenship, loyalty and ability? All the promises a candidate can muster have been said in every election in the country, but there is NO SUBSTI-TUTE for proven loyalty, ability and integrity.

      May God save the Philippines.

    10. Wala akong nakikitang mali or kakwestyon-kwestyon dito dahil bago pinataw ang desisyon na yan pinagralan ng mabuti ang lagay ni Sen Grace Poe at isa pa tama lang ang pagdedepensa na ginawa ng kanyang lawyer dahil binase nila ito sa mga nakalap na impormasyon at ebidensiya ayun ang nagsilbing daan upang pumabor ang korte suprema na patakbuhin si Sen Grace Poe.

      • Mr. Makabenta is citing a DISSENTING OPINION as gospel truth. The Supreme Court en bacn has spoken by an overwhelming majority of 9-6 that Ms. Llamanzares is eligible to run as president. So, let it be.

        REPLY
        But the majority made a decision without proper reasoning and by TRASHING the simple and clear meaning of the laws and the Constitution.
        Do you agree with that kind of behavior? Then you want our country to also end up in the gharbage dump?

    11. talking about liar, its very sad thing to note that susan roces has a daughter kuno who is an accomplished liar. susan roces with the now famous “ang sinungaling ay kapatid ng magnanakaw”. we all know who is the magnanakaw na backer ni grace poe.

      • When one is applying for an ordinary job and there are questions in his resume, would the employer consider him/her still? Honesty is a big deal in parts of the world other than our country. That we are perceived as a very corrupt people is a given and we proved it to all and sundry by the latest caper of money laundering. Who would take us seriously now especially if we were going to have a lying/dishonest president? Just butting in…… i.e. other presidentiables are also as/more wanting in terms of qualifications for the highest post of the land.