Poe asks tribunal to junk DQ case

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SENATOR Grace Poe on Tuesday announced that she has asked the Senate Electoral Tribunal to dismiss a petition to unseat her from the Senate, arguing that the period to question her qualification had already lapsed.

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She also announced that she has submitted her birth and travel documents to the quasi-judicial body, which would determine if the petition filed by radio commentator Rizalito David has merit.

The electoral tribunal last week issued Resolution 15-04 ordering the Bureau of Immigration (BI) and the Philippine Statistics Authority (PSA) to produce Poe’s complete travel records, citizenship papers and immigration records, including those when she was still an American citizen as well as her birth certificate.

Although the order was issued to the BI and the PSA (which was identified in the resolution by its former name, the National Statistics Office), Poe said she voluntarily submitted the documents since it is also part of her reply to the petition filed by David.

David, a former aide to then-senator Francisco Tatad and who once worked for the Liberal Party in the early 1990s, unsuccessfully ran for senator in the 2013 elections, which Poe topped.

Poe is widely believed to be running for higher office in next year’s polls after wresting the lead in pre-election surveys in both presidential and vice presidential public preferences.

In her reply to David’s petition, the senator noted that qualifications of a senator may only be questioned within 10 days upon proclamation.

David, in his petition, claimed that Poe lacks the residency requirement for her to be eligible to run for the Senate.

“It is clear in the Rules of the [Senate Electoral Tribunal] that such may only be questioned within ten days after proclamation. More than two years have passed since Senator Grace Poe was elected and proclaimed as a senator, thus, her qualifications may no longer be questioned,” Poe’s petition read.

For the same reason, Sen. Poe’s citizenship, as part of the qualification of a senator, can no longer be questioned, it said.

Poe’s camp said while the citizenship of a senator may be questioned at any time, such rule only applies to one who changed his or her citizenship after being proclaimed as a senator, or if the senator concealed his or her foreign citizenship when he or she filed her certificate of candidacy.

Also according to Poe’s camp, such is not the case with Poe, because she did not change her citizenship after she was proclaimed and she never concealed anything regarding her life and background.

“From the very start, the entire country knows that Sen. Grace Poe is a foundling and was adopted by a kind-hearted couple, FPJ (Fernando Poe Jr.) and Susan Roces,” the senator stated in her 107-page reply.

Poe’s lawyers pointed out that those who believe that a foundling is not a natural-born Filipino should have filed a petition against Poe within 10 days after she was proclaimed senator.

“Nevertheless, she was elected by more than 20 million Filipinos–this just shows that the entire country, in a way, has decided that a foundling is a natural-born Filipino. There is no power stronger than the voice of the entire Filipino people,” Poe said

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10 Comments

  1. Did comelec missed to really check Sen. Poe’s qualification to run for Senate from the beginning? If they did, then there is something to recon with. If she really wants to run for higher office, she has to be truthful about it. It is best that when she runs for presidency that everything has been clarified and verified. So that there would be no more issues to go back at. Why does she want to prolong this issue? Face it fair and square. Or this is really a game of politics?

    • In the Philippines if everyone ignores it long enough it goes away.

      Must be a short attention span kind of country.

  2. If Poe decides to run for president and gets elected she will take the oath of office and swear to uphold and defend the constitution.
    They should add “starting now” to that oath since apparently she violated the constitution willfully when she ran for the senate.

  3. Let the SET decide and let us respect its decision which may include bringing up the issue up to the SC. As to some comments regarding Grace as a person and as a prospective Presidential candidate, reserve your comments for later when she becomes a candidate. After the people decide and in the event she wins, let us respect our people’s will. Let us help her fulfill her dream and promise to make a difference among the lives of ur country men. This is how democracy should be lived. Pero di ba we also have to elect other officials aside from the President???

  4. Citizenship is not an issue but her residency,but it override everything when Poe sided with INC and disregard the rule of the law for her own benefit.That is why Sen.Alan Peter Cayetano will be the right person to be the next President 2015,this is the man that will make our country like Singapore.Poverty,criminality and corruption will disappear under A. Cayetano..Mr.13%Hari ng magnanakaw VP Binay will be rotting in jail then.

    • Cayetano is on the Napoles list as well,
      To be fair 20 out of 23 senators were on her list so he is no better then the other corrupt senators.

  5. Nevertheless, she was elected by more than 20 million Filipinos–this just shows that the entire country, in a way, has decided that a foundling is a natural-born Filipino. There is no power stronger than the voice of the entire Filipino people,” Poe said
    ——————–

    In a way, the constitution never seems to matter to people with ambition.

    Quoting the 20 million votes from a rigged election in which every liberal party senator won with the exact same 60-30-10 spread from Smartmatic machines that had the security and accuracy features removed.

    Poe’s defense is that it’s too late to punish her for the lies on her applications and even if her applications are all fraudulent and the constitution disqualifies her that doesn’t matter since it’s too late to question it.

    Good Defense for a corrupt Trapo without regard for the law or the constitution.

    You may of caught me but it’s too late, Brilliant.

    • She was never qualified and her defense now is it’s too late to do anything about it.

      Makes me wonder why senators are addressed as the Honorable Senator since none of them seem to reflect honor.

      20 out of 23 senators on the Napoles list as having received kickbacks from their pork barrel giveaways to her fake Non government organizations.

      Poe is a trapo without regard for the rules or the constitution.

  6. Jose A. Oliveros on

    The answer filed by the lawyers of Sen. Grace Poe-Llamanzares invokes several technicalities and did not squarely dwell on the issue of under what category of Filipino citizen does she fall in the enumeration of who are Filipino citizens under Art. IV of the 1935 Constitution.
    On the issue of the petition was filed out of time, the 2013 Rules of the Senate Electoral Tribunal clearly provides that a quo warranto petition questioning the qualification of a member of the Senate may be filed anytime during the tenure of a Senator. Obviously, Sen. Poe-Llamanzares’s lawyers either did not read the 2013 SET Rules or if they did, the intentionally overlooked that provision because it is against their client.