• Oral arguments on Poe case pushed

    9

    Supreme Court (SC) Associate Justice Mario Victor Leonen reportedly wants to have oral arguments on an appeal to nullify Sen. Grace Poe’s victory in the 2013 elections, according to a well-placed source of The Manila Times.

    The source said Leonen has circulated his recommendation to other members of the court on the case filed by Rizalito David against Poe and the Senate Electoral Tribunal.

    David, a radio commentator, filed a quo warranto petition with the the electoral tribunal and sought to unseat the 47-year-old senator on the ground that she failed to meet the constitutional requirements to sit as a member of the Senate.

    He argued that for being a foundling with no known biological Filipino parents, Poe could not lay claim to being natural-born citizen, a requirement under the 1987 Constitution.

    David also originally questioned Poe’s period of residency but he was persuaded to withdraw the issue during pre-trial conducted by the tribunal.

    The Senate Electoral Tribunal then voted 5-4 dismissing David’s petition.
    The voting was unchanged on appeal.

    The three justice-members of the electoral tribunal–Antonio Carpio, Teresita Leonardo-de Castro and Arturo Brion—voted in favor of David’s petition.

    Leonen has recommended that the tribunal be ordered to file its explanation in the majority ruling, which junked the disqualification case against Poe.

    In particular, under GR No. 221538, he wanted the electoral tribunal to file its comment with the High Court within 15 days and set the case for oral arguments on January 12, 2016.

    “It is recommended that the respondent be required to comment on this petition and on the prayer for the issuance of a temporary restraining order within a non-extendable period of 15 days. It is also recommended that said case be set for oral arguments on January 12, 2016,” The Manila Times source said, quoting from a draft of Leonen’s ponencia.

    The source added that Poe’s case was the first to be tackled by the SC in its last en banc session for the year.

    In his petition for certiorari, David assailed the ruling of the Senate Electoral Tribunal declaring Poe a natural-born citizen “despite the absence of proof of blood ties to a Filipino father or mother.”

    He said majority of the electoral tribunal members committed grave abuse of discretion in declaring Poe a natural-born citizen.

    The SC was asked to void the tribunal’s majority decision and immediately issue a temporary restraining order or injunction, which would immediately disqualify Poe from running in the 2016 elections.

    The senator, who previously led pre-election surveys, is running for President as an independent candidate.

    Share.
    loading...
    Loading...

    Please follow our commenting guidelines.

    9 Comments

    1. “A foundling found in the Philippines is a natural born Filipino and he or she who denies it has to prove it that the mother is not a Filipino or is a foreigner. The presumption is Sen. Poe and all foundlings are natural born citizens, born to mothers who are Filipino because it defies imagination that a foreign woman, pregnant, will go to Iloilo or goes to our country to give birth.”

      – Katrina Legarda; Family law expert

      Nothing to say more. Hindi lamang letra kundi ang espiritu at ang epekto ng batas at ng interpretasyon dito ang manaig.. Protect, uplift and empower the foundlings!

    2. The SET’s non-lawyer members disregarded the law in their decision. Does that suppose to surprise anyone? Of course not, they do not even understand the law (constitution). This is the irony of it all. Are the lawmakers ignorant of the law or simply the lawbreakers too? The law is the law, is the law. No excuses please! Not even a sympathy for the privileged foundling.

    3. Jessie Mabaquiao on

      Kung hindi natural born Pilipino si Grace Poe, sa-an siya pinanganak sa buwan, sa mars, sa pluto? sa neptune or sa-an planet siya galing? Hindi pala pwede maging senator or presidente ang Pilipino or Pilipina na walang birth certificate record kasi pinanganak siya panahon ng Hapon {Japanese/Philippine war} kasi sinunog ng Hapon yung city hall.

      • Jessie Mabaquiao. obviously you do not know or understand the term you are trying to define or explain. Please look it up in the dictionary before you make your statement so you don’t make a fool of yourself. Bakit, nakakita kana bang bata na ipinanganak sa buwan, mars, pluto, Neptune or saan planet? Hindi ka Pilipino kung pinanganak ka sa China. Hindi ka tatanggapin sa school kung wala kang birth certificate kasi baka akala nila aso ka dahil walang birth certificate ang aso.

      • Llamanzares is a foundling and she admitted as such. if she know her bloodties to a Filipino parents then of course she is natural born Filipino. However,until now she don’t really know who her parents are or if they are also Filipinos. That’s the law. Naturalized Filipinos are also barred from running to any government position.

      • Don’t be ridiculous. “Magbasa basa ka muna, and try to keep up with this topic”. Start with the provisions of the 1935 Constitution concerning citizenship.

    4. Carlos de Castro on

      I agree 199% that Grace should withdraw from the race. I do not know what she was saying , that according to Fernando Poe to not to surrender if she is ” lumalaban para sa iba, o kaya lumalaban para kay chiz.
      wala naming sinimulan si FPJ para sa Filipino kung hindi ang sbihim isang bala ka lang.Your Spam of wu is slo annoying . can you not erase this.

    5. David and the justices cannot prove that Grace Poe is not a natural-born Filipino so sen poe will remain to be considered as a natural-born. Foundlings do not need to do the impossible. The justices should know that.

      • Llananzares must prove that her parents are Filipinos and not the justices. Their job is to interpret the laws.