Poe wants to shoot down DQ case

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Lawyers for independent presidential candidate Sen. Grace Poe will seek dismissal of an election-offense complaint filed by radioman Rizalito David against the senator with the Commission on Elections (Comelec).

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Poe’s lawyers will cite a recent decision of the Senate Electoral Tribunal as basis to move for the dismissal of David’s complaint.

George Garcia, Poe’s counsel, on Friday said a motion to dismiss will be included in the manifestation they will file on Tuesday, December 1, officially informing the Comelec’s law department of the ruling of the electoral tribunal, which threw out David’s quo warranto petition, that sought the nullification of the senator’s proclamation as winner in the 2013 senatorial elections.

David also recently filed an appeal and asked the nine-member electoral tribunal to reconsider its ruling. The tribunal on November 17 voted 5-4 and ruled that although she is a foundling, Poe enjoyed the presumption that she was born of Filipino parents.
All three justice-members of the tribunal gave dissenting votes and favored David’s arguments.

The election-offense complaint filed by David with the Comelec claimed that Poe committed a “material misrepresentation” when she filed her certificate of candidacy (COC) for the 2013 senatorial elections.

He said that aside from misdeclaring the number of years of her residency in the Philippines, Poe also filed her COC even if she is not a natural-born Filipino citizen.

Poe’s action, according to David, violated Section 74 of the Omnibus Election Code, which considers the COC a sworn statement by the person filing it to announce his or her candidacy for a particular office.

“We strongly believe that the [Senate Electoral Tribunal] win means there is no misrepresentation in the COC she filed when she ran for the Senate in 2013,” Garcia said in a statement.

Senator Francis Escudero, Poe’s running mate, in a separate interview said he believes that Comelec would give weight to the tribunal’s ruling in deciding on the election-offense case filed by David.

He noted that the Comelec earlier agreed to suspend proceedings on the case pending the decision of the electoral tribunal is an indication that the tribunal’s ruling is important.
Poe, on November 13, filed her counter-affidavit on the Comelec case including a request to suspend the proceedings because the Senate Electoral Tribunal case involves a prejudicial question.

A prejudicial question is one that must be decided before any criminal prosecution may be instituted or before it may proceed because a decision on that point is vital to the eventual judgment in the case.

The rationale behind the principle of prejudicial question is to avoid two conflicting decisions, which warrant the suspension of the proceedings before the commission,
Garcia said they will file their memorandum for the three other disqualification cases filed by former senator Francisco Tatad, political science professor Antonio Contreras and former University of the East College of Law Dean Amado Valdez on December 3.

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5 Comments

  1. If DU30 wins, he may push through the revolutionary govt. WE NEED
    PEACE AND ORDER BY NOT USING THE DUE PROCESS TO EVERY HUMAN BEING.
    GRACE POE IS ANSWER TO THE EVERY PROBLEM OF THE PHILIPPINES.

    Duterte is a very dangerous man ,we will end up have an authoritarian
    leader if he will be the next president. Hope people will think thousand times.

  2. George Garcia, being a lawyer, should know that the SET decision will not hold water. It cannot be considered as a precedent or a jurisprudence since its decision was based on a decision of 5 senators who are not lawyers, except for Cayetano.. He is just trying to earn his bucks, by all means, kahit nakakahya ang arguments niya..

  3. apolonio reyes on

    Grace Poe’s DQ, even if she SHOOT IT DOWN and win the presidency, will always be a MONKEY in her back which she will carry all her life even if GRACE POE have a ” PUSONG BATO “.

  4. Basing on this article, lawyer George Garcia is the lawyer of Grace P Llamanzares. How come the corrupt ex Comelec chief, Sixto Brillantes claimed in past news bulletins that he is the election lawyer of Llamanzares. How true is the claim of Brillantes because he have not been heard of in the litany of cases against the woman.

  5. It’s my hope that Comelec will dismiss these nuisance complaints filed against Grace Poe. The letter of the law, the spirit of the law and the people’s expressed expressed support for Grace Poe all are in her favor.

    Grace Poe always on high road and we do not see her attacking others with complaints but welcoming the opportunity to run against them in election and let the people decide.

    In short time Grace has done much. http://www.gracepoe.ph/legislative-agenda