SC to hold special raffle for Poe case

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GracePoe

Grace Poe

The Supreme Court (SC) will set a special raffle for a disqualification case against Sen. Grace Poe, who is running out of time to stay on the list of candidates in the presidential elections in May 2016.

Poe is expected to file her petition for certiorari with the High Court on Monday, the last day within which to appeal her recent disqualification by the Commission on Elections (Comelec) en banc.

The Comelec had given Poe five days to file her appeal.

If the senator fails to get a temporary restraining order (TRO) or a status quo ante order from the high tribunal, she will be removed from the list of presidential candidates and her name will be delisted from the official ballot.


The poll body ruled that Poe is not qualified to join the presidential race next year because she is not a natural-born Filipino and she also failed to meet the residency requirement for those seeking the country’s highest post.

Poe renounced her American citizenship on October 21, 2010 based on documents she submitted to the Senate Electoral Tribunal (SET) where a disqualified case against the senator was also filed. The SET dismissed the complaint against Poe and the decision has been appealed at the SC.

In normal cases in the high court, once the case is filed on Monday, the raffle shall be set the following day, Tuesday.

The SC, however, shall be on half-day work on Tuesday, December 29. December 30, which is Rizal Day, is a legal holiday.

Thus, SC sources said, Poe’s case must be raffled off on Tuesday to determine a ponente of the case.

But since the tribunal is now on recess, the ponente can make his recommendation on whether a TRO shall be issued and Chief Justice Maria Lourdes Sereno shall carry out the recommendation.

The Chief Justice has the power to issue a TRO even when the court is on a break.

In ordinary cases, the SC does not fast-track its decisions through conduct of a special raffle.

Sereno has the option to pass the making of a decision on Poe’s case to the SC en banc or decide on her own to issue a TRO and ask for the order’s ratification in the next en banc session.

In Senior Citizens Coalition vs Comelec, SC Justices slammed the Chief Justice for issuing an “erroneous” TRO.

Sereno was questioned by Associate Justice Teresita Leonardo-de Castro, the ponente of the case, after the Chief Justice issued a blanket TRO stopping the Comelec from proclaiming party-list group winners.

De Castro complained that her original draft was revised and released by Sereno without consulting the en banc first.

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17 Comments

  1. Too Bad guys MS Poe Got her wish, TRO was given to her with the limited time given by the Comelec who are a puppet of the administration. The next President will be a Woman of integrity not corrupt .

  2. We have to respect the highest law of the land. Unless our Constitution will have the revision of laws in the so called “fondlings”. Those parties and personalities that threathened us of street marchings are violators of the Constitution. It is not the question of people to decide, but it is what is in the law. To Sen. Poe I am greatful that you are doing a good job as a senator. If you are a true Filipino, use your influence to tell your followers to respect our Constitution. It is a shame the whole world is watching us if there will be another people power for such a simple case like yours.

  3. Grace Poe violates the Constitution over her Citizenship and Residency,comply first better luck next time.

  4. Mrs. Llamanzares who is a legislator knows that she is not qualified to run for the post. Greed and ambition has consumed her. It is better that SC should junk her petition for TRO and also unseat her of her senate seat.

  5. I support the Supreme Court immediately issuing a TRO or Status Quo Ante in favour of Senator Grace Poe.

  6. The country is so caught up with this ‘simple’ Constitutional and legal question because of politics, Philippine style. In this particular case, the principle of “dura lex sed lex” should be applied as there’s no room for subjective considerations.

    For the SC to qualify Poe despite the Comelec’s decisions, would erode any respect that is left with the Comelec and will also weaken the faith people have in the Supreme Court which is the last bastion of freedom and democracy of the country.

    May God bless the Philippines; may God bless the Filipino people.

  7. Francheska Ramos on

    I believe that Senator Grace Poe is more than qualified to seek the presidency. The Supreme Court should let her run and let the people decide.

    • Your belief, Francheska Ramos, is not the determining factor in Llamazares’ qualification. It is The Law and The Law it is! And the Supreme Court interprets the law, not you! The law has been decided by the people long time ago. Where have you been? So shut up for now and wait for the SC to interpret it for you and someone like you. Until then, shut up and be quiet.

    • Poe has been disqualified but many others (e.g. Rizalino David) who filed CoC for President and meet all the qualifications will not have their names on the ballot as well. Should we also “let them run and let the people decide?” What a distorted logic?

    • That’s your opinion Francheska. But your opinion as well as others like you will not be the basis of SC’s decision so that Ms. Poe will be allowed to run. We have laws to follow.

    • To ex Tee.. are you nuts, this republic is as nuts as you are.Let the people decide who they want to be president . All this people who’s crying wolf of disqualification are puppet of the administration.
      They want to cook the election . They trying to disqualified everybody except their own candidate.. Wake up

  8. Pardon me if I do not understand the working of the Justice system in the country. But, isn’t her case regarding a Constitutional issue? To determine the constitutionality of her claimed citizenship? So, why is the Supreme court conducting a raffle? Is the raffle being conducted to determine who will hear her case outside the Supreme court, or who amongst the Supreme Court justices would hear it? I think, the Supreme court should just decide on this to create a precedent.

  9. Rodolfo V. Cabado on

    “The Comelec had given Poe five days to file her appeal.”

    That’s in your report.

    It’s not the COMELEC that gave her five days, Mr. Canlas, but the law.

    If you wrote that it was the COMELEC that gave her five days, that suggests that the COMELEC has discretionary (and, impliedly, subjective) powers to determine the period when she can avail of her procedural remedies. That just isn’t so.

    I have nothing against Ms. Poe personally, but everything against her candidacy. I’m sorry to say, Mr. Canlas, that your “lapsus calami” is the kind of fodder that feeds the fire of the confusion.

    This, of course, does not diminish my great esteem for you and your reportorial savvy. I always look to you for a peek into the innermost workings of our courts – and I await with bated breath your reports on matters legal and judicial.

    If you can surmise, I’m a lawyer (and a law professor) and also a journalist. I rarely make comments like this, but in this instance I feel we should clarify the basics. Otherwise, journalism would be obfuscating the issues instead of clarifying them, as it should.

    Kudos still, Jomar (if I may), and may you and your family have the best this Christmas season and all through the New Year!

    • Respect the Comelec ??? this is the arm of the administration so that they can cook the election.. Dont you understand what they’re doing is to disqualify everybody except their own candidate .. wake up..

  10. SC should give her a TRO. I dont know why comelec chose to give their decision on christmas break; it seems suspicious. I’m positive the SC will rule in favor of sen poe, she did not break any rules by choosing to run for the position.

  11. Pag bilyon ang isapan, lahat maari mangyari. Pwede magnegosyo at kumita ng bilyon sa pag issue ng TRO pero declare pa rin ng ponente na DQ yun babae.