SC ‘voting’ so far: 3-3

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Justices will sit down behind closed doors today to decide on the fate of Senator Grace Poe, whose presidential run had been questioned based on her citizenship and Philippine residency.

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From the looks of it, a divided court will rule on Poe’s case.

As of late yesterday, the “voting” was an even 3-3, with three senior justices voting against Poe and three others, including Chief Justice Maria Lourdes Sereno, favoring the senator.

The count was based on the drafts of the magistrates’ opinions that were circulated among members of the High Court.

An unimpeachable source said that the opinions and “Reflections” circulated by the justices were so lengthy.

Today is the deadline for the magistrates to submit their own concurring or dissenting opinions to the draft decision written by Associate Justice Mariano del Castillo, the court-appointed ponencia of the case.

The source told The Manila Times that Sereno has circulated her “Reflections,” so did five other justices who revealed their positions on Monday.

Sereno’s 117-page “Reflections” mirrored the position she showed during the oral arguments, which was to favor Poe.

The source said Associate Justices Antonio Carpio and Arturo Brion also circulated drafts of their own opinions, as well as Associate Justices Marvic Leonen and Jose Perez.

Associate Justice Mariano del Castillo has revealed his stand in his ponencia, which is to disqualify Poe.

The source said Carpio and Brion also voted to disqualify Poe, both on the citizenship and residency issues.

Carpio is the chairman of the Senate Electoral Tribunal (SET) that also tackled the complaint that seeks to disqualify Poe as a senator. Brion is a member of the SET.

In the SET case, the two justices also voted to disqualify Poe, but they were outnumbered by the other members of the tribunal.

The SET ruled in favor of Poe by a vote of 5-4.

The source said that Brion’s dissenting opinion was 140 pages long.

On the other hand, Leonen and Perez opposed the disqualification of Poe in their separate dissenting opinions. The two justices believe that the senator should be allowed to remain in the presidential race because she has proven that she is a natural-born Filipino and had stayed for more than 10 years in the Philippines.

Leonen’s arguments were contained in his 107-page dissenting opinion.

Del Castillo’s draft decision disqualified Poe on the basis of her residency but sources at the High Court said that the question on her citizenship can be more damaging because it can also oust her as a senator of the republic.

A magistrate told the Times tat if Poe will be disqualified based on the issue of citizenship, it will follow that she will also be disqualified as a member of the Senate.

“The citizenship case is more dangerous than the residency issue in the case of Grace Poe. Once she is disqualified in the citizenship case, it will set a precedent that could oust her as
a senator,” the justice said.

Another magistrate said that legally speaking, the case of Poe is easy to decide because the facts of the case are “very evident.”

“The only thing that makes it hard to rule is that she is running for the presidency and leading in the surveys,” the magistrate explained.

“Naaawa yung ibang justices pag na disqualify si Grace Poe kapag na-rule and citizenship case,” he added.

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20 Comments

  1. Ours is a government of the present president! Too powerful & lords over the monies. They could be bribed! Some of them would retire early & cite health reasons! Go Duterte- Bong. Chiz should look after Heart & start making babies!

  2. Joey catacutan on

    CJ Sereno and appointed allies, you are like the devil wrapped in a sheeps clothing. She clearly lacks 10 yrs residency. MAS maya lino pa comelec sa inyo. You deserve impeachment.

  3. The odds are against Grace Poe. Without newly appointed Justice Caguioa participating in the Poe DQ case, only 14 justices sit in judgment on Grace’s DQ case. A tie of 7 for vs. 7 against Grace would only result in the Comelec DQ decision being affirmed. So, Grace needs 8 justices for a majority opinion in her favor. She has three already during Supreme Court oral arguments, namely, CJ Sereno and Justices Leonen and Jardeleza. Poe needs 5 more justices to side with her. But nowhere could she get the 5 because 7 justices would likely vote against her namely: Justices Carpio, De Castro and Brion who all voted for Poe’s disqualification in the SET case. That’s 3 against her. Duterte has 2 San Beda law frat brods Justices Mendoza and Reyes who know better than not voting for Poe’s disqualification. Justice Velasco is a UP law frat brod of Justice Carpio and will stand by the latter’s side. Justice Castillo openly anti-Poe during the oral arguments becomes the 7th to vote against Poe. The remainder of the Justices namely Bersamin, Bernabe, Peralta and Perez are only 4, i.e. short of being the desired 5. If those justices go for Poe, the result would only be 7 votes for her and a tie vote of the Supreme Court eventually affirming the Comelec decision. What result? Disqualification of Grace Poe as Presidential candidate.

  4. Migs Doromal on

    Looks like GRACE POE will hurdle the SC obstacle. Might as well. It validates the Plan B scenario of PNOY and the so called LP splinter group of Ochoa and Belmonte.

    Justice Perez is one of three potential “swing” votes. Add the 6 appointees of PNOY then you have 7 so far in favor of Grace. One vote shy but they have two potential spare votes to grab.

    MISDIRECTION. The reported 50M bribe dangled to SC justices by operatives identified to PNOY and MAR of the Liberal Party is a classic example of never allow your right hand to know what your left hand is doing.

    Nice try but LAME.

  5. We should not be shortsighted ! The repercussion will be greater if we do not follow the Constitution. The Law of the Land. People will always find a way to abuse it , such as Grace Poe LLamanzares and her supporters. Escudero is one of those who took advantage of her popularity. Let it be a lesson to her and others who will attempt to circumvent the law.
    I am sure in the beginning she was just wanting to serve the country , but her ambition had brought her to failure . She cannot be above the Law !

  6. Yan ang resulta ng pagiging ambisyusa. She will be disqualified by the Supreme Court.

  7. The SC should decide the case on the basis of law otherwise our constitution will mean nothing. Justice should upheld our laws in our disciplined
    and civilized society.

  8. opinionated na pinoy on

    Is it hard to rule that she is running for presidency and leading the surveys? Naaawa yung mga ibang justices pag na disqualify si Grace Poe? Because these type of reasoning, it sounded like these justices are going to vote for Grace Poe, and Grace Poe herself, is confident that the SC Justices will vote for her.

    I will say this once again, that in the Philippines, government officials at every level, to include the Supreme Court Justices can be bought, if the price is right. Money is a very powerful element that can change the meaning or interpretation of the Constitution: it can be twisted and assumed, as well. The credibility of the High Court no longer exists, because some of the Justices are corrupt, and can be seen by their actions. They can always come up with “judicial independence”, like letting Enrile out of jail. DUHHH? magkano ang binayad sa inyo?

  9. For GOD’s sake just follow the law! Don’t use the “awa” effect. This is the presidency we are talking about. To the Justices of the SC don’t sell your soul, do your job the right way.

  10. “Naaawa yung ibang justices pag na disqualify si Grace Poe kapag na-rule and citizenship case,” he added.

    I am shocked by this observation. Hindi sila naaawa sa Pilipino if Grace Poe becomes president and if she remains as senator despite not being qualified. I’m pretty sure she won’t be a good president, not even fair, and might be another Pnoy. Will it be the end of Grace Poe’s life if the constitution is followed? She has so much in life that a son can even buy shoes worth about a million pesos. What is so special and awesome about her that the justices are incapable of rendering judgment according to what is written in the Constitution? Come to think of it, there are many who comes to court na talaga naman nakakaawa, but did the judge rendered judgment based on “awa”? These justices do not deserve their position.

  11. Pero ako umaasa ako na paglabas ng decision, ang kakalabasan e 12-3 in favor of Grace Poe. Naniniwala kasi ako na mapapanalo ni Grace Poe ang laban niya na ito basta walang mandaraya sa kanya, kasi alam niya na mahal siya ng tao.

  12. I am praying that if it is God’s Will, Poe will not be disqualify. I am dual citizen, but never did my love for my Native Land waver. I truly understand where Grace Poe is coming from. May justice be truly serve equally and indiscriminately.

  13. Jose Samilin on

    SC justices are mandated by law to rule in accordance with law to defend the Constitution and not otherwise. Reasonable and knowledgeable persons understand that.

  14. Apparently there are Supreme court justices that will not uphold the constitution.
    The Supreme court is just another Aquino agency that needs to be replaced.

  15. I ‘m 100% agree senator Grace Poe of what you have said ….

    “I did not steal from you, I did not deceive you nor have been remiss of my duty to serve. I am not like the people who they are trying to protect. I’m not a liar,” she stressed.

    I agree senator Grace Poe ….

    There are people who resort to inventing stories to destroy you naming that groups are una party of binay corrupt , lapiang patuwad-tuwad of the liberal party of muramar and of course dudirty.
    Reply

    i’m confident too as a supporter of SEN.Grace Poe she will be qualified to run because Jesus Christ always at her side since when she was young. She was adopted by a rich couple twice .If it is not God who that who will be .

    mabuhay ang foundling na si SENATOR GRACE POE …THE FUTURE PRESIDENT OF THE PHILIPPINES.

  16. supreme court you all are not God therefore please act like you are human too ..may puso ,damdamin at talino …please let senator grace poe qualified to run AS PRESIDENT. THe people are clamoring for her to be our leader …she is the answer to all problem in our country .

    • Sige. I will let Grace Poe run for the presidency. Pero sa isang kundisyon.
      Iboboto mo si Mar Roxas. Deal or no Deal?

  17. Natalia Salvacion on

    Sen. Grace Poe at her early stage of her career in politics shows more courage and wisdom. Ganyan ang lider na hinahanap ko. Yung malalim. Masasabe ko na malalim siya the fact na mapapansin the way she talk, the way she deliver her speeches, talagang makikita naten na walang bahid ng kasinungalingan. Napakaseryoso. Hindi naninira ng kapwa di tulad ng iba jan, judgemental. Eh yung performance nga niya bagsak. Anyways. More power to you my president Poe! KAya naniniwala ako na papaboran siya ng supreme court. Tuloy lang ang laban senator POE