• Poe suffers first blow

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     Senator Grace Poe

    Senator Grace Poe

    Comelec unit cancels senator’s COC for President

     

    THE Commission on Elections (Comelec) dealt its first blow on Sen. Grace Poe when a division of the poll body disqualified her from joining the presidential race next year for her failure to meet the residency and citizenship requirements for the post.

    The three-page decision handed down by the Second Division headed by Commissioner Al Parreno canceled the certificate of candidacy (COC) for President filed by Poe.

    The decision said the senator was not able to comply with the residency requirement laid down by the Constitution.

    Under the law, a candidate for President should have resided in the Philippines for at least 10 years before the election.

    Poe’s counsel, George Garcia, said they have five days to appeal the decision, adding that they may go all the way up to the Supreme Court to appeal the case.

    The decision was based on a 71-page petition filed by Estrella Elamparo, former chief legal counsel of the Government Service Insurance System.

    Elamparo said all existing legal records will negate Poe’s claim that she is a natural-born Filipino citizen and that she complied with the 10-year minimum residency requirement for one to be able to run for President.

    Disappointed
    Poe expressed disappointment with the Comelec decision.

    “I am disappointed in the decision, but this is not the end of the process. We will continue to fight for the rights of foundlings and the fundamental right of the people to choose their leaders,” she said.

    The senator maintained that she is a natural-born Filipino citizen and has complied with the 10-year residency requirement based on settled applicable jurisprudence.

    “My critics will use any excuse to exclude me, much like they tried to do when FPJ [Fernando Poe Jr.] ran for President [in 2004]and in the process disenfranchising the people as well. They show a lack of trust in the ability of Filipinos to make the right decision,” she said.

    FPJ is the senator’s father.

    Poe expressed confidence that the Comelec en banc will side with the interest of the people.

    Her lawyer maintained that the 10-year residency of the senator should be counted from the time she reacquired her Philippine citizenship in 2006.

    He said they were able to prove during a hearing at the Comelec that Poe was already a resident of the Philippines as early as 2005.

    Poe’s spokesman, Valenzuela City (Metro Manila) Mayor Rex Gatchalian, said the senator will continue her fight and will not back out of the presidential race.

    “First, [the candidacy of Senator Poe stays], she is and she will be a candidate in the coming elections. Second, this is part of a process. The decision is from the Second Division, we respect the Comelec and the remedies that the parties [are entitled to]. We will make sure that we will explore the remedies. Third, we say that Sen. Poe is a natural-born Filipino and she has met all the requirements including the residency requirement,” Gatchalian added.

    He said they will appeal the decision with the Comelec en banc.

    Poe, in her affidavit submitted to the Senate Electoral Tribunal, said she returned to the Philippines in March 2006 after a lengthy stay in the United States.

    “The month of April 2006 is also when my husband resigned from his job in the USA. The period between March-April 2006 [and]September 2012 is around six years and six (6) months. Therefore, this is the period I indicated [albeit, mistakenly] in my COC for senator as my “Period of Residence in the Philippines before May 13, 2013,” she stated in her affidavit.

    The electoral tribunal, through a 5-4 vote, dismissed a disqualification complaint filed against Poe.

    The senator is still facing three other disqualification complaints filed with the Comelec.

    Not natural-born
    Elamparo, in her petition, cited legal statutes to disprove claims by Poe that she has satisfactorily complied with the constitutional requirements for presidential aspirants and thus is eligible to seek the country’s top post.

    The lawyer presented as evidence Poe’s COC for senator in 2013 wherein the latter stated that she has been a resident of the Philippines for “six years and 6 months” before May 13, 2013.

    “By the principle of estoppel and the Filipino people relying on what she stated in her certificate of candidacy during the 2013 senatorial elections, respondent cannot deny her 6 years and 6 months residency in the Philippines as of May 2013,” Elamparo pointed out.

    She argued that Poe, being a foundling, cannot be considered a natural-born Filipino citizen under the provisions of the 1987 Constitution, which states that “natural-born citizen are those citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”

    Elamparo said adoption of Poe by action star Fernando Poe Jr. and actress Susan Roces did not have the effect of transmitting or conferring upon her the status of a natural-born Filipino citizen.

    “Moreover, respondent had to perform an act–the filing of the sworn petition before the Bureau of Immigration–to acquire or perfect Philippine citizenship, which is antithetical to the definition of natural-born,” she added.

    As such, Elamparo said, respondent not being a natural-born Filipino citizen disqualifies her from applying for reacquisition of citizenship under Republic Act 9225.

    Even assuming that international convention and treaties can determine Poe’s status as a natural-born citizen, she added that “nothing in the international treaties and conventions supports the conclusion that a founding is ipso facto a natural-born citizen.”

    Elamparo said the Philippines is not a signatory to the 1961 UN Convention on the Reduction of Stateless.

    Even assuming that Poe was a natural-born citizen, she added, “she lost that status when she became a citizen of the United States of America.”

    WITH IZA IGLESIAS

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    39 Comments

    1. LLAMAZARES, YOU HAVE BEEN WEIGHED IN THE BALANCE AND FOUND(LING) WANTING. Now go back to America and make some coffee for your old man, cook dinner for your kids or something…

    2. Ganyan talaga pag uportunista na Tao minsan Hindi lahat sayo,you must remember Kaya ka naging senadora dahil nag take advantage ka at sumapi sa mga tuwad na daan ng administrasyon…ginamit mo nuon ang kasikatan ng abnormal na president..ngayun alam mo ng Hindi na sikat si abnoy Kaya dika sumapi na maging vice ni under di saya mar roxas….kala moporke mataas rating mo Ay Ikaw na president..Madaming ayaw kang maloklok sa malacanang dahil Ano ba daw nagawa mo para sa bansa …yun mamasapano case Wala ng nangyari Kung Sino responsible..sa imbistiga tigon mo…although maybe slam mo pero takut ka Kung Sino nga may sala sa pagkawala ng saf44 …gcingggg pili pinas.. Mag halal ng Tamang Tao

    3. HIs Excellency, the rule of law was prevailed. Ito ang dapat sundin ng ating mga mambabatas at hindi ang kapritso ng ilang tao na may interest sa pansarili at hindi ang interest para sa taong bayan at ng bansa.
      GOD SAVE PHILIPPINES FROM EVIL politicians who wants to control the future of Filipino people and their minds, with their stupid media network, ABS CBN and GMA
      ZERO VOTE TO ALL LIBERAL PARTY AND ALLIES OF THIS PINOKYO PRESIDENT.

    4. Lintek na CITIZENSHIP issue yan! kung pumayag sya mag VP na lng, malamang walang DQ case ngayon.

    5. This is a very welcoming development, to see that lawyers are moving to reclaim the law of the land and not to be cowed by our foolish politicians, who twist our laws to their personal advantage.

      May this serve as a lesson for all Filipinos, that on the next election and coming elections, we must be more circumspect and judicious in electing our public officials, to understand and realize that to move our country forward, we need public servants who are educated and knowledgeable in law. Popularity does not make the cut, congress is a place for lawmakers who craft laws, and not for those who makes huge promises of creating or building roads, bridges, plazas and such.

      Should the lawyer of Llamanzares elevate her case to the SC, that would be the best move that would lead to a finality in judgment of her cases (foundling, natural or naturalized Filipino and residency issues), which could provide Philippines and Filipinos the needed resolution and rid ourselves of this person’s meddling in our state-of-affairs. For her to claim that ‘lack of trust in the ability of Filipinos to make the right decision’, to put it bluntly she should not lump all of us Filipinos in one mold, as there are those of us who are perfectly right in making our decisions and she made the wrong one to pick the rest of us as fools.

      Now, comes another question that begs to be asked, since Duterte had hinged his decision on running for president, that it was due to the SET’s decision to not disqualify Llamanzares and considered her ‘natural’ born Filipino – with this new development, how will he react to such a decision handed down by the Comelec, will he withdraw or continue with his plan to run?

    6. Ernesto Aquino on

      Sobrang natayug ang saranggola ni Grace kaya! What goes up, must come down. Soon the palace tenant too.

    7. Shame or Patriotism calls Grace Poe to Quit!

      Grace Poe must fold her tent if there is a little shame and patriotism in her and save face by quitting from the Presidential contest.
      The day of reckoning that Grace Poe is NOT a natural born citizen to qualify for the Constitutional mandate by the 2nd Division Comelec has just arrived disqualifying her to run and voiding her COC; and eventually by the Supreme Court is fast approaching. The onus of such Comelec and SC final judgement clearly tends to shift on the ineligibility of Grace Poe to be President as mandated by the supreme law of the land, and before the “sword of Damocles falls on her head” Poe must quit the political game as a “graceful” exit of saving face, if she has a bit of shame left from her ambitious and opportunistic quest for the Presidency. While her natural born status is a legal factor to qualify, yet her own education and inexperience in governmental affairs and functions, are substantialły lacking and insufficient to tackle the awesome responsibilities of the position. The “name recall” of the FPJ myth as celebrity factor that made her big-headed, ambitious and opportunistic no longer holds true during these times when the populace have politically matured.
      It is a sure-fire oncoming event that an adverse and unfavorable judgment on Poe’s disqualification cases will soon be released by Comelec and the SC putting Poe in a unhappy situation!
      So while there is time Poe must hit the road and runaway to her hideout in the United States together with her family and Susan Roces.

      • Zak Pasiking…you hammered the exposed head…and nailed it to its final resting place…DQ the SOB next. That’s Duck Futerte. Who is so full of himself. You are spot on Zak. DQ Digong Duterte next…Let’s put the forthcoming elections in the right order.

        Jun Adan, Naldo,and Ernesto Aquino…you are all spot on. Indeed, let us dump Duck Futerte…Let us not tolerate his arrogance, his braggadocio, and let us not allow this “nothing and nobody but troublemaker” get away with his latest disrespectful cussing of Santo Papa Francis. Screw this braggart.

      • You say’s (Now that the foreigner is out , next the killer and womanizer should be disqualified too.) how about the corrupt and the trapo, liar plastic man from the administration?

    8. The biggest problem of Poe is when she renounced her Philippine citizenship. By doing this, she is stating that she is a United State citizen. Enough is enough, end of discussion. If you do not want to be a Pilipino citizen, so be it. Remember you took an oath to the United State of America.

    9. Peter Gonzales on

      She was disqualified by the three member of the COMELEC. If she appeals before the COMELEC IN BANC, she already lost three votes and the same circumstances exist if she appeals to the Supreme Court. It is an uphill battle for Grace Llamazares so say the least. To continue to campaign despite her disqualification is a futile attempt to appeal to the emotion of the people and emotion doesn’t translate to votes as her name will not be in the ballot.

      • We must thank pnoy of allowing this to happened to GP ambition.
        W/o him ( constitution of the land is useless) grace now is in jeopardy and DU30 promised to back out on 2016 if GP was disqualified .
        Pnoy is a man of his word ,he swear that if MRT will no be finish before his term,he ang Abaya will lay down to the MRT track to show that they are not joking and serious.

    10. no way, grace. sorry, kahit ano’ng basa ko sa ating constitution word for word, napakaliwanag – iisa ang ibig sabihin… hindi ka qualified.
      do you remember what your mom susan said on TV full of rage and fury, dinaya daw ni GMA ang papa mo, not once but twice…
      you’ve already become a senator. tama na. magpa-DNA ka muna. baka nasa tabi-tabi lang ang real parents and siblings mo. sayang, pero bata ka pa naman; ayusin mo na muna ang lahat bago mo labagin ulit ang constitution for the 2nd time.

      • elliott v. @
        Sabe pa ni Susan na kapatid ng sinungaling ang magnanakaw.Paano yan ,nagsinungaling na si GP pero hindi pa nagnanakaw. Baka sabihin ni Susan Roces ,para lang sa mga kalaban ng LP ang sinabi niyang yon.
        Dapat ilitaw ni GP ang mga sumusunod
        1. Birth of origin (probably in Hawaii)
        2. Last year she used the US passport
        3. Residency ( verified question number 2 first)

    11. Leodegardo Pruna on

      Congratulations are due Atty. Estrella Elamparo for being steadfast and true to your profession and to the Philippine Constitution which all Filipinos must respect, defend and protect. Disgraced GRACE and her ilks show their arrogance and disrespect of the Philippine Constitution for self serving reasons. Since disgraced GRACE and company are now focusing their attention to emphasizing her FOUNDLING status, she is not because her name is not among those registered as foundling. For so many times she has lied and misrepresented herself. Let the law apply because we still believe in the RULE of LAW. God bless the Philippines.

      • This decision of the Comelec put those five senators into shame. They should be charged for violation of the constitution.

    12. Ronaldo Valdes on

      One Down , two to go… Who’s next Binay or Duterte.. What a way to win for Noynoy Candidate for president. Let go have a 3rd Peoples Power to get rid of this administration of Bako Bakong Daan…

    13. Regardless how GP lawyers spins it, the constitution is clear that she lacks the residency and being a natural born requirements which are essentials requisites in filing the COC.

      • Leodegardo Pruna on

        A BIG BIG YES! GP and company are out to fool the people with their unfounded and untruthful stand of reasoning. GP has disgraced herself so many times misrepresenting herself. God bless the Philippines.

    14. Trust in a Filipina to be president is NOT the issue; it’s conformance with the requirement of the supreme law of the land, The Philippine Constitution. Llamanzares Poe will do a great service to the Filipino people by desisting from running; she, too, has mediocre qualification to head the government.

      May God bless the Philippines.

      • Trust in a Filipina to be president is NOT the issue; it’s conformance with the requirement of the supreme law of the land, The Philippine Constitution. Llamanzares Poe will do a great service to the Filipino people by desisting from running; she, too, has mediocre qualification to head the government.

        May God bless the Philippines.

      • GP is another pnoy protection against his crime, that’s way i don’t like her
        Two more abnoy protector to go namely Binay and Roxas..Get F..k the entire LP out of politcal arena

    15. They show a lack of trust in the ability of Filipinos to make the right decision,” It is proven that the Filipinos have voted for office those who were convicted for crimes and even while still in prison. Easily being bought and lastly corrupt. So how can we trust the Filipino voters?

    16. Rodolfo Liporada on

      Mrs. Lamanzares, enough already. Just exit Gracefully now that you are given the reason to do so. This way, you might retain self respect and respect of people who believe in you. Do not be a cry baby foundling.

    17. Llamanzares should abide by the ruling. It is the law. It’s not because you are using Poe’s name that you can wish for the highest position of the land. Napaka-ambisyosa mo kasi. Makinig ka sa batas, sa kapatid at huwag kang making kay sotto at escudero. Mga taong mapagsamantala si Sotto at Escudero. Huwag kang magtiwala sa dalawang yan. History repeats itself. Look what happened to FPJ. Natalo rin sa pag-sisipsip ni Sotto. Itabi mo na yang ambisyon mo. Unahin mo munang magkaroon ng experience at residence sa pilipinas ng sampung taon. Wala kang experience sa amerika na puede mong ipagyabang.

    18. Llamanzares should abide by the ruling. It is the law. It’s not because you are using Poe’s name that you can wish for the highest position of the land. Napaka-ambisyosa mo kasi. Makinig ka sa batas, sa kapatid at huwag kang making kay sotto at escudero. Mga taong mapagsamantala si Sotto at Escudero. Huwag kang magtiwala sa dalawang yan. History repeats itself. Look what happened to FPJ. Natalo rin sa pag-sisipsip ni Sotto. Itabi mo na yang ambisyon mo. Unahin mo munang magkaroon ng experience at residence sa pilipinas ng sampung taon. Wala kang experience sa amerika na puede mong ipagyabang.

    19. Llamanzares should abide by the ruling. It is the law. It’s not because you are using Poe’s name that you can wish for the highest position of the land. Napaka-ambisyosa mo kasi. Makinig ka sa batas, sa kapatid at huwag kang making kay sotto at escudero. Mga taong mapagsamantala si Sotto at Escudero. Huwag kang magtiwala sa dalawang yan. History repeats itself. Look what happened to FPJ. Natalo rin sa pag-sisipsip ni Sotto. Itabi mo na yang ambisyon mo. Unahin mo munang magkaroon ng experience at residence sa pilipinas ng sampung taon. Wala kang experience sa amerika na puede mong ipagyabang.

    20. adonis b. rocha on

      Rex Gatchalian, dont peddle to us lies and your lose case. Nothing in the constitution the highest law of the land, agree to your lies that Poe is a natural born. Back off Rex Gatchalian..you are just a lone drumbeater. As they say, even by sheer manipulation the Comelec en banc become drank, suffered dementia and rule that Poe is qualified to run…nothing in there that your Grace Llamanzares can hurdle the SC, the final arbiter in such a case. Previous two cases identical to Grace Llamanzares for two congressman was thrown out in the rubbish bin ” motu propio” by the SC. And you think that SC are stupid judges to rule in favour of oppotunistic Grace Llamanzares,… who experience next to nothing even running a small sari sari store? …and too ambitious to run for president on the urging of foreign hand? Tough luck….” alis kayo dyan mga nuisance lang kayo”.

    21. Tama na disGrace Poe – just throw in the towel.

      Your arguments based on the rights of a Foundling? You are not even registered as Foundling, how can you base your argument as a Foundling.

      Fight your case head-on. Prove that you are qualified to run as President under the Constitution and not that you adopted daughter of FPJ or defending your case based on right of a Foundling.

      3 Senior Justices of the Supreme Court said, “YOU ARE A NATURALIZED FILIPNO AND NOT A NATURAL BORN FILIPINO.

      THE DISSENTING OPINION OF THESE THREE SUPREME COURT JUSTICES WILL BE UPHELD BY THE REST OF THE JUSTICES OF THE SUPREME COURT. THESE JUSTICES ARE NOT POLITICIANS; THE LIKES OF LEGARDA, SOTTO, CAYETANO, VILLAR, BAAAAAAAMMMMMMMM AQUINOOOOOOOO.

      YOU SENATONGS SUCCEEDED IN IMPEACHING CHIEF JUSTICE CORONA BECAUSE YOU BASED YOUR DECISION AS POLITICIAN $$$$$$$$$$$$$$$$$$, not as JURIST.

      THIS IS A CASE OF ABUSE OF AUTHORITY.

    22. where did Grace Poe missed the 10 years residency presiding ‘such’ election? she’s a natural born Pilipino citizen isn’t she?

    23. JEFF JARAMILLO on

      First, I am thankful that Fernando Poe, Jr. did not win when he ran for presidency. If he was cheated as claimed, thanks to whoever did the cheating.
      Second, I am thankful that COMELEC disqualified Grace Llamanzares. (Her asawa is bakla, otherwised he would have complained why Grace uses Poe as her last name.) Grace, in my opinion, is mapagsamantala. And that is dangerous. She is more than a crocodile.
      Again, thanks for the DQ.

      • Thank you for being frank and upfront. If she is really true to herself why cant she use Llamanzares instead of Poe as a candidate. Like what famous columnist said: She can not be trusted. She is moving heaven and earth just to satisfy her ego.

    24. How can Mrs. Grace Llamanzares move forward when the Comelec associates are all lawyers? How can the lawyers reconsider their decision which is in accordance with what the Constitution of the land, the laws of the land, says? Grace better ask the courts to let the SET decision prevail so her problems are solved. It looks like Grace won the 1st round, knocked down in the 2nd and one expects she will be knocked down in the 3rd round, knocked down in the 4th and finally knocked out in the 5th round.

    25. mikhail hieronymus on

      Grace Poe Lllamezares should realized that she is standing on a very shaky ground at the moment. Her case is hopeless, but she is just grabbing on straw. Apparently, her advisers are giving her the wrong ideas.

      She should just give up the fight, and accept the fact that she is not eligible to be a senator, much less to run for presidency of the Philippines. The is very clear on this matter. She is like Don Quixote fighting the windmill.

      I do not pity her because she is stubborn the wrong way, stupid for not using her common sense and too ambitious in the most unusual way. My advice to her to save face is just accept the fact that she misread the writings on the wall. Go back to America where she will be happier with her family.