Poe told to submit proof on DQ case

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THE Commission on Elections (Comelec) on Wednesday denied a plea of presidential candidate Sen. Grace Poe to give her 30 more days to comment on a disqualification case filed against her by a radio reporter.

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The Comelec law department, through investigating officer, lawyer Jane Valleza, only granted the senator 10 days or until November 13 to appear before the commission for preliminary investigation and submission of her counter-affidavit and other supporting documents, as well as controverting evidence.

Complainant-lawyer Rizalito David, through counsel Manuelito Luna, had strongly opposed the one-month extension requested by Poe during oral arguments.

Counsel for Poe, lawyer Erwin Garcia, said Luna “opposed not on reason but based on length of time.”

“I requested it [extension]for purposes of formalities. The hearing officer gave us 10 days,” Garcia added.

In seeking the extension, Poe invoked Section 6 Rule 10 of the 1993 Comelec Rules of Procedure that governs preliminary investigations of election offenses.

Meanwhile, Poe admitted in a radio interview in the afternoon that initial DNA tests to identify her biological parents and establish her citizenship proved futile, as these came up with negative results.

“The DNA test is a long process because the samples taken were not only from one individual,” she explained.

According to her, the initial DNA tests conducted on the samples from two subjects did not match.

Poe, the frontrunner in most presidential preference surveys, initiated the process in September in a bid to prove that she is a natural-born Filipino citizen.

She is currently facing the disqualification case before the Senate Electoral Tribunal filed by David, a losing senatorial candidate.

David claimed that Poe is not qualified to be a senator because she is a foundling and that she is not a natural-born citizen.

The late cinema king Fernando Poe Jr., who also ran but lost in the presidential race in 2004, and his wife actress Susan Roces adopted Sen. Poe when she was a child.

The Poe family said their daughter had been found abandoned inside a church in Iloilo province in central Philippines.

The senator’s biological parents remain unknown to this day.

The Constitution states that “no person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age and a resident of the Philippines for at least 10 years immediately preceding the election.”

Poe aid even if the DNA tests proved negative, she is still confident that she will win her case.

Her spokesman, Rex Gatchalian, said there are other tests still being conducted, and which Poe’s camp is still awaiting.

“Though the initial results were negative, there are more DNA results that are still being processed,” Gatchalian added. “It is taking more time than we anticipated.”

Gatchalian maintained that Poe is a natural-born Filipino because laws substantiate it.

“The laws are on all fours on this account, hence we are submitting the case for resolution,” he said. “As stated earlier, the DNA results would only add to our legal arguments that are grounded on the intent of the framers of our Constitution and international principles of law.”

Gatchalian expressed confidence that the election tribunal would sustain their legal position.

During Tuesday’s oral arguments on the case of Poe being not qualified to be a senator, David’s lawyer Luna submitted additional documents. These included a 1968 foundling certificate, 2006 birth certificate, petition for reacquisition of Philippine citizenship, questionnaire information on possible loss of US citizenship, 2010 affidavit of renunciation of US citizenship, 2012 certificate of candidacy for senator, Bureau of Immigration order and memorandum anent petition to reacquire Philippine citizenship, certifications issued by US government anent renunciation of American citizenship, travel records and US passport.

Comelec Chairman Andres Bautista said Poe does not need to appear before the commission during the preliminary investigation.

But Luna said the Comelec chief might have been misinformed when he said Poe did not have to appear for the initial probe of the election offense case.

“It bears emphasis that on said incident/date, David will testify against her as ordered by the law department,” Luna said in a text message to the The Manila Times.

He explained that Poe’s non-appearance or non-submission of counter-affidavit is tantamount to a waiver on her part and the case would be resolved solely on the basis of David’s affidavit-complaint.

David’s case against Poe was for violation of Section 71 in relation to Section 262 of the Omnibus Election Code for alleged misrepresentation about the facts of her citizenship, period of residence in the Philippines before the 2013 polls and her eligibility to be elected as senator.

In his petition, he claimed that “when Llamanzares [Poe’s married name] falsely stated the facts in her COC (certificate of candidacy), she committed an election offense, and thus, may be proceeded against for a criminal prosecution under Section 262 in relation to Section 74 of the Omnibus Election Code.”

He cited Section 3, Article VI of the Constitution, which prohibits a person to run as senator unless he is a natural-born Filipino citizen and, on the day of the election, is at least 35 years of age, and a resident of the Philippines for not less than two years immediately preceding the day of the election.

David said Poe misrepresented the facts of her being a natural-born citizen and her period of being a resident of the Philippines.

Aside from the case before the Senate Electoral Tribunal, the senator is also facing three disqualification cases before the Comelec.

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24 Comments

  1. An appeal to Mrs. Grace Poe Llamanzares – please withdraw your candidacy as president of this republic, it is good for the country and the Filipino people.

  2. Why is it that when ordinary Filipinos apply for loans with SSS, GSIS or Pag-ibig, we get rejected when we fail to submit or produce just one important document? Case close, apply again next time. And we, ordinary Filipino loan applicants are reject because we didn’t adhere to a set of procedures required by the gov’t agencies.

    But why is it, when those in power, ambitious politicians like Grace Poe clearly violate the constitution, take not CONSTITUTION, there is no case close, apply again next time when you’ve met the requirements. Instead, they are allowed reprieve and to go around and bastartize our laws. The law is clear, she is a not a natural born Filipino. What can she just accept that fact? Why go through all these debates when the constitution is clear?

    • >>> This is a very good and perfect example case. May we request the opinion of Grace Llamanzares’ lawyers and lawyer Luna of R. David. Is this true and correctly situation that may happened or occur in that example case?

  3. What Grace Poe to continue what her FPJ started was the ‘Ang Panday” sequel. Now she can start doing the “Ang Anak ng Panday”, that will be the legacy of what her father she was saying. I am blaming the COMELEC when she filed her candidacy for presidency because they accepted her application knowing that her qualification respective to natural born requirement is not met. For Grace Poe camp, knowingly that she is not meeting the candidacy requirement, they pushed her for the intention that if she win the presidential election of 2016, her requirement will be absolve by “voice of the people”! If that will be the case, the Supreme Court has ruled that winning an election is not an excused and are disqualified. The Grace Poe camp will not say that she is different from the SC ruling. All i can say now is that, it is Grace Poe who is misleading the people and not following the law since they want to alter the requirments of the law.

  4. Grace Poe Llamanzares should now give up her ambition to be president and instead she should exert more effort to satisfy the requirement of a DNA test so that in the end she could sleep soundly and face squarely her accusers. GIVE UP NOW MY DEAR Grace…because you have NO grace as of now.

  5. lorenzo legisniana on

    Others suggest she get sample from her mom Susan or sherryl or rosemary to end all speculations once and for all…baka this could answer all her questions…but as sherryl had opposed her running for fear that her mom would be dragged into this issue…also madam Susan must speak now about this rumor…

    • Hijo hindi naman puwede yong suggestion mo. Si Poe ay walang relasyon kay Susan or Sheryl or Rosemarie. Logic lang.

  6. Even if Sen Poe is found to be a natural born Filipino she might still have a problem with the ten year residence requirement before the election. Records show that her renunciation of her U.S. citizenship was only approved by the U.S. Embassy in Manila on Feb 2012. When do you count the ten years? Is it from 2006 when she reac
    quired her Philippine citizenship of from 2012 when she was no longer a U.S. citizen?

  7. huwag ng lumayo pa ;nandyan naman si Bongbong at si Sheryl Cruz. mas mainam na rin para natahimik o makumpirma ang tsismis. di ba gusto niya malaman ang katotohanan?

  8. Filipinos who postulates that a person born in Philippines must be considered ‘natural’ born Filipino, must have not encountered a person who was born in the Philippines of a Chinese father to a Filipino mother, studied in the Philippines until up to college, but was not required to take up ROTC – the reason being is that he is a holder of an ACR, which is issue by the BOI on a alien legally residing in Philippines.

    Now, it is easy to see where these kind of Filipinos who keeps mouthing the ‘natural’ born angle, are coming from, it is simply because these Filipinos are ignorant of the law, as it is often stated – ‘ignorance of the law excuses no one’. The law is put in place so that people will be guided accordingly in dealing with societal situationers.

    Unfortunately, in Philippines, instead of electing lawmakers to act as vanguards of the law and protector of its’ sanctity, there are ignorant Filipinos who choose to elect idiots into congress, these are those who equally knows virtually next to nothing when it comes to the law, they are only conscious of circumventing the law to their own advantage. And, something which unceasingly bury the country deep down into a quagmire of destitution.

    Grace Llamanzares is a fraud, who with her puppeteers are banking on the ignorance of some Filipinos to delay justice – ‘justice delayed is justice denied’, a tactic which they will use to the hilt to obtain their objective of manipulation, to claim in a later date the vox populi vox dei, to drown out any opposition. Her final disqualification and early banishment from Philippine political scene will help the country to move forward from all the distraction she is causing us.

  9. laguatanlawzen.com on

    The trouble with Grace Llamanzares is that her over ambition to finish what her adoptive father FJP have allegedly started (started what? He never did something unusually big during his lifetime, either politically, economically or whatever, except his movie – ANG PANDAY), and that her over ambition has transmogrified into a delusional syndrome. We don’t want another abnormal President. Enough is enough!!!

  10. Catalino Garcia on

    The yellow (cowards) are on full-speed ahead in destroying anybody that gets in the way of Roxas becoming President. Ito ba ang Daang Matuwid?!

  11. Jose A. Oliveros on

    Grace Poe-Llamanzares, her lawyer and her spokesman Rex Gatchalian, should stop fooling the Filipino people about her DNA test. If Grace Poe-Llamanzares wants to establish that her father is a Filipino citizen and, therefore, she is a natural-born Filipino citizen, all that she has to do is get the DNA sample of his alleged father if he is still alive. If his alleged father has long been dead, then a biological residue such as a lock of hair, a piece of his bone or fingernail, will suffice for the DNA sample. That is what the Rules on DNA Evidence promulgated by the Supreme Court provide. Furthermore, there are procedures and protocols to be observed in the taking of the DNA samples – both of Poe-Llamanzares and her alleged father – its transmission to the DNA testing laboratory and the testing itself to insure the integrity of the whole process.

    The more that these three persons speak about the DNA testing, the more they reveal that they know next to nothing about DNA testing.

  12. Grace Poe was born in the Philippines which makes her a natural born Pilipino, not a chinese or whatever. and she studied in the Philippines that completes her 10 years residency presiding ‘such’ elections after just finishing her primary schooling.

    • Jeni, please shut up, you do not make sense and you do not know what you are talking about. You’re making a fool of yourself. The matter at hand is a serious one because the future of our country is at stake. Our country does not need an unqualified candidate to run for the highest leadership position of the land let alone a foreigner. Please, no more non-sense from you.

    • “Grace Poe was born in the Philippines which makes her a natural born Pilipino”

      Apparently you do not understand the law. A Filipino is a natural-born citizen if her parents are Filipino citizens. The son or daughter of a non-citizen, even if born in the Philippines, is not natural-born citizen under our laws. Since she doesn’t know her parents, it is not possible to know if her parents are citizens of the Philippines at the time she was born.

    • You need to know more about natural born citizen. I like Grace but she is in deep trouble right now. One supreme court justice stated that Poe is not a natural born citizen and Justice Carpiohe is a member of SET.

    • May i ask you Jeni, Are you a natural born citizen of the Philippines? If yes, what is your proof that you are indeed a natural born Filipino citizen?

    • Andres Bonifacio on

      don’t push your arguments, just wait for the electoral tribunal resolution….what you are saying are nonsense by now…

  13. “The DNA test is a long process because the samples taken were not only from one individual,” Grace Poe explained.

    This is again proof that she claims natural-born Filipino citizenship only when she suits her convenience such as running for president. She had all the time in the world to look for her parents or undergo DNA test especially if she knew that the process is time-consuming; why do it only now?

    You can’t really blame the Comelec if they deny her 30-day extension request. Besides, she can still run in 2022 even she is disqualified for the 2016 elections. She’ll have enough time by then to find a DNA match, something she should have done earlier.

  14. How long can Llamanzares’ legal camp continue to evade the Constitution? Simply put, they are running out of logistical reasons. She needs to just step down. Perhaps she may even garner support, and spare herself from embarrassment. Llamanzares lacks the core intellect to even comprehend the most basic provision of the Philippines Constitution. That in itself is a genuine and clear danger.