• Poe sees swift SC action on petition

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    Senator Grace Poe on Saturday expressed confidence that the Supreme Court (SC) will decide in favor of genuine democratic elections that allow foundlings like her to run once it sees the evidence that will be presented by her camp.

    Poe, whose certificate of candidacy (COC) was cancelled by the Commission on Elections (Comelec), said she trusts the High Tribunal to act swiftly on the petition that her legal team will file on Monday, December 28.

    “We are confident that, giving due consideration to the strong evidence, jurisprudence and pertinent principles and precepts, the justices will uphold our cause and the right of the people to a genuine choice in the elections,” Poe said.

    The SC will be on recess until Jan. 10 but under Rule 7, Section 7 of the court’s Internal Rules, Chief Justice Lourdes Sereno can act on urgent cases and issue temporary restraining orders (TROs) or status quo ante orders (SQAOs) without holding a session.

    Such reliefs, however, must be confirmed by the majority of the justices when sessions resume.

    PNA

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    6 Comments

    1. Frankie De Leon on

      I am sorry to disagree with Erika. While I am sympathizing with the predicament of Grace Poe being a foundling, I have to abide by the provisions of the Constitution. The Constitution unequivocally adheres to jus sanguini principle which means you must be born by a Filipino father or mother otherwise, you are not a natural born Filipino. You do not apply jurisprudence when the law is clear because the office of jurisprudence is merely to interpret the law. The real issue is “Does the requirement of natural born Filipino citizen guarantee that the office of the President will be free from corruption, partisanship, alien patronage and the like. Does it make any substantial difference, if a foundling or an ordinary Filipino citizen, is elected to the position.” At present, we couldn’t question the wisdom of the Constitution already in effect what we could do is probably to advocate amendments to the Constitution to make relevant qualifications that will ensure prosperity to our motherland. God bless the Philippines.

    2. Mariano Patalinjug on

      Yonkers, New York
      27 Dec. 2015

      Grace Poe could be right: The Supreme Court will act speedily on her petition. But her chances of the Court siding with her could be a slim 1 in 100.

      MARIANO PATALINJUG
      patalinjugmar@gmail.com

    3. I believe so too, that the supreme court will rule in her favor! Her camp was able to provide documents proving that she has met all the requirements. Kudos to Senator Grace Poe!

    4. “We are confident that, giving due consideration to the strong evidence, jurisprudence and pertinent principles and precepts, the justices will uphold our cause and the right of the people to a genuine choice in the elections,”
      —————————————-

      Have to wonder why Poe is convinced that the Supreme Court will disregard the constitution, does she know something we don’t ?

      Poe knows as well as everyone that can read that she is not qualified to run for president or remain in the senate and yet she still sits in the senate and is confident that the Supreme court will rule in her favor.

      Looks like the fix is in.

      • Are you a Lawyer? Or a Judge? Or someone who knows the law perfectly? If not, please shut up!

    5. The camp of Senator Grace has strong legal bases which the COMELEC has failed to acknowledge such as the residency. For purposes of the election laws, the requirement of residence is synonymous with domicile. It is evident that the Senator has established her intent to return in the Philippines by resigning from her job in the US, selling her US properties and enrolling her kids to PH schools.

      See Mitra vs COMELEC in July 2010, the Supreme Court has ruled that acquisition of residence is through an incremental process. In Senator Grace’s case, her intent to return to her old domicile is evident.

      As for citizenship, Cordora vs COMELEC in 2009, SC ruled that residency is not dependent upon citizenship. Therefore, she has met the necessary requirements to run for President.