DISSENTING OPINION

‘Poe failed to prove she’s natural-born’

34

“There is no dispute that respondent Mary Grace Poe Llamanzares is a Filipino citizen, as she publicly claims to be. However, she has failed to prove that she is a natural-born Filipino citizen and is thus not qualified to sit as Member of the Senate of the Republic of the Philippines pursuant to Section 3, Article VI of the 1987 Contitution.”

Advertisements

This was the opening statement in the 35-page dissenting opinion of Supreme Court Senior Associate Justice Antonio Carpio on the disqualification case filed against the senator with the Senate Electoral Tribunal (SET).

The SET on Saturday released digital copies of the separate dissenting opinion of three justice-members in the nine-man tribunal that heard the case filed by radio commentator Rizalito David.

Carpio, chairman of the SET, along with Associate Justices Teresita Leonardo-de Castro, and Arturo Brion voted to disqualify Poe to continue sitting in the Senate after they found legal merit on David’s petition. David, who lost in the 2013 senatorial elections topped by Poe, questioned her citizenship. He argued that being a foundling with no known biological parents, the 47-year-old Poe is not a natural-born citizen because she cannot show a blood relation to a Filipino father or mother and thereby disqualified from running for senator.

The SET, which voted 5-4 to dismiss the quo warranto petition also counted Sen. Nancy Binay as among those who dissented from the majority.

Among the SET members who voted to keep Poe in the Senate were: Senators Vicente Sotto 3rd, Pia Cayetano, Loren Legarda, Cynthia Villar, and Paolo Benigno Aquino 4th.
In their dissenting opinion, the justices declared, “[Poe] is not a natural-born Filipino citizen.”

“There is no Philippine law [that]automatically conferring Philippine citizenship to a foundling at birth. Even if there were, such law would only result in the foundling being a naturalized Filipino citizen, not a natural-born Filipino citizen,” Carpio’s opinion on the issue, read.

Carpio said there is no legal presumption in favor of the Philippine citizenship whether natural-born or naturalized.

“There is no treaty, customary international law or a general principle of international law granting automatically Philippine citizenship to a foundling at birth.

“[Even if there is a customary international law, it]…cannot prevail over our Constitution…[which]identifies natural-born Filipino citizens as only those whose [parents]are Filipino citizens; [Poe] failed to discharge her burden to proof that she is a natural-born Filipino citizen; a foundling has to…prove his or her status as foundling to acquire Philippine citizenship,” Carpio said.

De Castro, for her part, urged that the tribunal uphold the 1987 Constitution and “not bow to any other rule…”

Brion meanwhile stressed that the 1987 Constitution provides clear language that “no person shall be a senator unless he is a natural-born citizen of the Philippines…”
The Constitution, he added, defined who natural-born citizens are.

Noting that “citizenship is not automatically conferred under the international conventions,” de Castro proposed that lawmakers should enact a law by which citizenship can be acquired.

Share.
loading...
Loading...

Please follow our commenting guidelines.

34 Comments

  1. Mrs. llamanzares alias Poe, the dye is cast no matter how you try to sugar coat your lies the truth will overcome your lies. Give up the charade and come clean. SINO ANG TATAY MO? SINO???? Ang sinungaling ay kapatid ng MAGNANAKAW.

  2. Jerrysal Mangaoang on

    The law should be amended in so far as the definition of a natural born citizen is concerned. Grace looks like a Filipino, she must be a Filipino. What am worried is when the SC decides on the case filed by Kit Tatad. The SET has decided, so be it. Nancy missed this golden opportunity. By the way I’ll vote for Duterte Robredo. Guts and compassion shall describe the tandem… God bless the Philippines…

  3. The 5 senators are disgrace to RP…they are FOR SALE. I will pardon them if they commit murder but to trample the Constitution of/by/for the people, these senators desreved to be garroted in public. They do not fathom the stigma of their acts, it will rubbed unto their children the stench of greed for money, and if I am one of their children I will now file a divorce with my senator parent as I do not want to be associated with this bastardly act.

  4. May nagtatanong kung bakit daw naging members ng panel ang mga senators eh hindi nman daw sila judges. Tsong, nakasaad po yan sa Constitution natin. Akala ko ba alam na alam mo yung consti natin? Hay naku naman. Nagmamagaling pa

  5. No way, No to Poe. I don’t want an American president and American First Gentleman! I have already blacklisted the five senators who discarded the highest law of the land in my voting list.

  6. ang mga pinoy na DUAL CITIZEN, saan nag babayad ng tax? sa estados unidos o sa pilipinas? si grace poe ba dito nag babayad ng tax sa pilipinas?

  7. These 5 senators shall be reprimand. They should uphold the law, being a lawmaker now they are law breaker. Specially Pia she lawyer how come she does not uphold the law. Paaano ito nagging abogado at hindi alam maginpret ng batas. Dapat sa 5 senador na ito itapon sa kangkungan. D ba may batas pag sinuway ang batas may kaparusahan? Bakit hindi bigyan ng kaparusahan ang 5 senatong na ito. Sayang mga senador kayo, di ninyo sinusunod and protectahan ang batas. D ba noong manumpa kayo bilang senador ang sabi ninyo “I will obey and protect the constitution” ano ginawa ninyo 5 kayong senatong binaboy ninyo ang batas ito pa naman constitution ang binaboy, walang kayong kuwenta tao nasaan ang mga utak. Nakatulog pa ba kayo sa ginawa ninyo kamalian. Nakakahiya kayo 5 senatong, may kunsisya pa kayo nagawa ninyo ang bagay na ito.

  8. From the very start, Grace Poe is an interloper in the Senate. The 5 Senators who voted to favor the stay of Grace Poe in the Senate deserve to be charged with grave abuse of discretion and ignorance of the law.

  9. I read all the opinions of the three justices and those of four senators. They are available for download in “Rappler”. The opinion of Senator Pia Cayetano – the only lawyer in the Gang of Five – is missing and has not yet been published. “Bakit kaya may delay?” I suspect she is still searching for legal reasons to justify her vote which shows her apparent ignorance of the law.

    Reading the seven opinions leads to the following conclusions:

    1. Senators Aquino, Legarda, Sotto and Villar should be kicked out of the senate as soon as it is feasible. They have been derelict in the performance of their duties as members of SET. They are supposed to be “legislators or lawmakers”. Yet, they failed to uphold the Constitution of the Philippines. They are just in the senate for their own self-interest and those of their cohorts. “Birds of a feather flock together”.

    2. We need a new generation of senators. The four senators who voted in favor of Mrs. Grace Poe Llamanzares are conspicuously weak or even weaker intellectually than she is. The Philippines deserves better, and surely, at this time of our history, there are others in the populace who are more qualified and would work for the good of the country to replace them? Or is this wish and hope a lost cause? God help the Philippines. “Cry for my beloved country”.

  10. Hindi ako makatiis…ISA PA PO.
    As I watched in angst, Mrs Grace Llamanzares’ lawyer, articulated the “legal” and “emotional” justification of their client’s stand on the issue of fondling… tila hindi na po tama ang ginagawa nila… in their desire to rally support from the voting public, they now resort to lying… and are now engaged in INTELLECTUAL DISHONESTY. Mrs Llamanzares’ lawyer has said, that, “the international law should be followed or observed MORE than a local law.” However, CONTRARY to what Llamanzares’ camp has been peddling, according to the Supreme Court, “There is no treaty, customary international law or a general principle of international law granting automatically Philippine citizenship to a foundling at birth.
    “[Even if there is a customary international law, it]…cannot prevail over our Constitution…[which] identifies natural-born Filipino citizens as only those whose [parents] are Filipino citizens; [Poe] failed to discharge her burden to proof that she is a natural-born Filipino citizen; a foundling has to…prove his or her status as foundling to acquire Philippine citizenship,” Carpio said.
    De Castro, for her part, urged that the tribunal uphold the 1987 Constitution and “not bow to any other rule…”
    Brion meanwhile stressed that the 1987 Constitution provides clear language that “no person shall be a senator unless he is a natural-born citizen of the Philippines…”
    The Constitution, he added, defined who natural-born citizens are.
    Noting that “citizenship is not automatically conferred under the international conventions,” de Castro proposed that lawmakers should enact a law by which citizenship can be acquired. Eh, wala ngang batas na dapat sundin, INTERNATIONAL or LOCAL dahil HINDI NAMAN PALA SIGNATORY ANG PILIPINAS SA “INTERNATIONAL CONVENTION”, which is being invoked by Mrs Llamanzares’ lawyer. And the poor candidate has been echoing before the public what her lawyer has been peddling. Question — Kung hindi kaya kumandidato si Mrs Llamanzares, hahangarin nya pa kaya na hanapin at ipaglaban kung sino at nasaan ang kanyang biological parent/s? PAKIISPLIKA PO.
    AMEN!

  11. mabuti pa c binay naintindihan ang batas, ay mali ang hangarin nya mapa-alis lng c poe pra tataas ang chances ni nogi. but sorry duterte is running….mag isip na kayo.

  12. I’ve got nothin’ more to say… I totally subscribed with the opinion, provided herein, by those in agreement with the three SC Justices….IGNORANCE OF THE LAW IS NO EXCUSED. Those who voted in favor of Ms. Grace Poe’s (who don’t even have the guts to adopt the family name of duly wedded husband-LLAMANZARES) retention in the Senate must go back to school…especially Pia Cayetano, a lawyer at that, who “invokes” the “peoples’ will”, noting that 20M electorates voted for Poe… rather than uphold the Constitution, for political consideration. So, what does the vote of Sen Pia stands for? Parang sinabi nya, “Eh, sorry Consti… kumare ko yun, eh, 20Million bumoto sa kanya, baka magalit sila at isumpa ako sa next election.” SUBALIT, naisip kaya ng mga Senadoro (inudoro kaya) at Senadores… if those 20M duly certified Filipinos, by virtue of their loyalty to the electoral system and love for country – the beloved Philippines, still feel the same way for MS GRACE POE—–LLAMANZARES? Yaan po ang kasaysayan ng ating bansang Pilipinas. Sadyang malungkot, laging POLITICAL ang konsiderasyon at hindi alintana ANG KAHALAGAHAN NG BATAS O KUNG ANO ANG ITINATADHANA NG KONSTITUTION. PAANO NAMAN PO NATIN IHAHALAL NA PRESIDENTE SI MRS GRACE LLAMANZARES kung ang kanya mismong duly wedded husband ay US Citizen sampu ng mga anak na pawang Kano? PAKIISPLIKA attorney.

  13. What do you expect of the Senators-Members! The Senate is no longer the same as before, those senators the likes of Sotto, Legarda, Villar and other Bam Aquino are not considered Senate intellectuals, they are part of showbiz in the Senate.They think they are above the Constitution. Kawawa naman sila representing the legal for the SET. They are now seen by public as ignorant of the law and showed their true colors.

  14. The rule of the Philippine law must prevail..Ano yan, JACK AND POY ang nangyaring labanan sa SET.. These people who voted favor to Grace Poe were all CELEBRITIES, MEDIA MEN and Personalities who doesnt know nothing about the Philippine Constitution…ANO BA ANG MGA NAGAWA NG MGA IYAN SA SENATE AT CONGRESS. ALL THESE PEOPLE WERE SAVE BY BBM AND MDS at the senate for their responsibilities. May nagawa ba silang batas para sa bayan. Paano na lang kung wala si Madam Defensor Santiago at Bong Bong Marcos, and few ssenator who really have a background for making Bills/laws for the people. STOP VOTING IDIOT AND STUPID PEOPLE LIKE, CELEBRITIES, MEDIA MEN AND PERSONALITIES..CIAO

  15. Disappointed, but I was not surprised with the way the 5 senators voted, they don’t respect the Constitution, just look at what happened in the CJC impeachment, a lot of legal experts said that he was impeached based on an unimpeachable offense. Money did him in. I’m not saying that there was payoffs in Poe’s case, maybe the saying ” i scratch your back, you scratch mine” will be apt.

  16. The reporter Michael Delizo is stupid. Since when does the burden of proof lie with the accused? Grace Poe doesn’t need to prove anything, that should be the job of the petitioners. Our justice system says very clearly, if you doubt my citizenship, YOU HAVE TO BE THE ONE TO PROVE that i am not a natural born citizen. That’s my problem, it’s yours/

    • What’s the problem? in the same way the 20 senators who convicted CJ Corona. They did not base their judgements on legal principles. It was purely political.
      Weder weder lang yan. Congrats to GP.

  17. Eduardo valdez on

    If we go by the decision of the 5 senator members of the SET it means that when a foreigner residing in the PH gets pregnant, delivers the child and abandon the same, the child now a foundling, automatically becomes a natural born Filipino citizen simply because the parents are unknown.

    • The answer is simple, the foundling is a natural born citizen. Are you guys doing this for politics and do not consider the future of all foundlings. Are you so heartless and insensitive. Not knowing your parents is bad enough and you are making this an issue.

    • but why punish the child with your stupid logic? Once you are abandoned and no one can determine your parentage, it is not up to you to prove your citizenship, the burden of proof is with the accusers.

  18. The highest law of the land that one must adhered to in the Republic of the Philippines by its people is the Philippine Constitution promulgated by the sovereign power of the state, the Filipino People from whom all the powers emanates, otherwise when anyone would claim other power then anyone could claim to be authoritative, so there exist anarchy as implicated by the five majority decision of Senators in the Senate Electoral Tribunal (SET) who voted in favor Poe to quash the case. Alternatively, we could also view differently, that the 5 Senators entirely discarded the Constitution and adhered to human law or political preference. But the most serious view point for the five Senators is they were simply are ignorant of the law despite their job as lawmakers, therefore, simply they were wrong lawmakers and they were in fact, can be found as lawmakers of Mangyans tribe in the middle of the virgin forest of Mount Halcon ln Mindoro, headed by environmentalist Senator. Which view is most likely the closest attribution or reputation of these five Senators?

    • That is a very big mistake appointing five senators who does not know about Phil. law. They are claiming that they based their decision on international law. They are stupid. We have our own law and it should prevail. These 5 senators should not have any place in the senate.

  19. laguatanlawzen.com on

    Those who voted in favor of Grace Poe-Llamanzares are either techno-moron or techno-idtiot because it’s either they failed to understand the elementary language of the Constitution or refused to understand. There are only two major issues at hand before the SET: (1) Is it a Constitutional Question? or (2) Or is it a Political Question? What does Section 3, Article VI of the 1987 Constitution provides? You don’t have to be a lawyer or a law student or even proficient in English to understand its language. Is it?

  20. I wish that the majority and concurring opinions of the 5 senators be published also for the benefit of the public. The dissenting opinion of the 3 SC justices are all in accordance with rule of law. The Filipino people has the right to know if the 5 senators who voted to junk the DQ case really understood the issued at hand. Obviously, the 5 senators committed a grave abuse of discretion. That’s why the SET ruling needs the be reviewed by the SC, the final arbiter.

  21. Maybe someone should of told those no nothing senators the law. Why were they even on a panel that has to make a judgement based on the law unless they are judges ?

    • when 20 senators convicted CJ Corona bec of political reasons (not legal) everybody agreed. Only the best legal minds in the senate Miriam and Joker found no legal basis. Deja Vu.
      When it suits you, it’s right when it doesn’t it’s wrong. Sala sa lamig sala sa init. Pathetic anti GP morons.

  22. What now GRACE PWE? Do you still continue your arrogance and insist you are a natural born Filipino? Ang KAPAL NAMAN TALAGA ANG MUKHAMO! Your Partners in Crime in the Senate saved you in SET but final decision will be manifested by the Supreme Court. Stop lying to the Filipinos, you must instead apologize now while it is early. Dont wait for all those who dont understand the law to realize what is the truth. Better exit now while you still have time….

  23. SALVACION CAHAYAG on

    The subject is very elementary. For how can you vote as president for somebody
    who turned her back and became an American citizen. When the time was rough
    she turned her back and renounced her Filipino citizenship to become an American citizen. And, when the time became okay in the Philippines, she came back, regain
    her Filipino citizenship and run as candidate for President in the country where she
    once turned her back. This is not pingpong or trial and error. So, NO WAY MS. POE
    YOU GO BACK TO AMERICA. THERE IS NO WAY YOU CAN CONVINCE ME TO
    VOTE FOR YOU. YOU ARE BALINGBING(TWO FACE) .

    • deal with it, she will be the next president and when she does, it’s you who needs to leave this country. Hehe.

  24. art divinagracia on

    A 100% agree with the 3 supreme court justices dissenting opinions referring with 1987 constitution and senator Binay she is in the right direction to follow the 1987 constitution. Other senators/judges who does not followed the 1987 constitution should not be voted in the next year election in May 2016.

  25. lorenzolegisniana on

    The dissenters have explained their votes..those who voted in poe’s favor also explained theirs except pia..sino kaya ang tama sa kanila..of course may decision na ang set…