SC’s ruling on Poe could create ‘chaos’

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PRESIDENTIAL aspirant and Davao City Mayor Rodrigo Duterte has warned that the Supreme Court’s decision to overturn twin rulings by the Commission on Elections (Comelec) canceling Sen. Grace Poe’s certificate of candidacy would create a “chaotic condition” for the 2016 polls.

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Speaking to reporters on Thursday, Duterte said the SC ruling set aside the requirement of the Constitution that candidates for President must be natural-born Filipino citizens.

Poe’s critics said that because she is a foundling, the citizenship of her parents remain a mystery, thus there are doubts about her being a “natural-born” Filipino.

A lawyer who had served as prosecutor before becoming Davao City mayor, Duterte said the SC decision goes against law-school lessons.

“I respect it, but I don’t agree with it kasi maski magtanong ka sa kahit sinong abugado, isang semestro ‘yan, political law, kabaliktaran sa lahat ng sinasabi ng mga professors [Even if you ask any lawyer, we took political law for one semester, and the decision is the opposite of what the professors taught us],” he explained.

In law school, Duterte said, he and his colleagues were taught that a natural-born Filipino is one who is a Filipino the moment he is out of his mother’s body.

“Lahat kami ng abogado diyan, tutol sa Supreme Court. ‘Natural-born,’ paglabas mo sa tiyan ng nanay mo, Pilipino ka na. That is natural-born, natural ang pagka-Pilipino [All lawyers disagree with the Supreme Court. Natural-born means the moment you leave your mother’s body, you are a Filipino. Your being a Filipino is natural],” he further explained.

The Comelec disqualified Poe on December 23, 2015, saying she had committed “material misrepresentation” when she claimed in her certificate of candidacy that she is a natural-born Filipino citizen and has resided in the Philippines for at least 10 years.

The Supreme Court, however, reversed the Comelec’s decision on March 8 and allowed her to run for President.

“It will create a very chaotic condition because it is the exact opposite of what we had studied [in law school],” Duterte said.

“The Supreme Court says she can run. They did not say it’s because she is a Filipino or because she has complied with the residency requirement. Wala [None of that]. That’s very sweeping,” he added.

CATHERINE S. VALENTE

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24 Comments

  1. I just hope people will understand why we should not vote for Poe! As early as this ,she is willing to bend some law, i know the administration is backing her co they saw the weakness of Roxas and for sure there will be a lot of lawsuit for PNoy after his term. Naniguro sila that if Poe can sit then it will forego his liabilities. ISIP ISIP MGA KABABAYAN!!

  2. Hginio S. Castañares on

    Whether we like it or not, this is serious mistake undertaken by the majority Justices of the Supreme Court. I commend to those who favor the dissented opinion. May they continue preserve the integrity of the Supreme Court as an institution.

  3. Ka Rey,

    Fine there is “just soli”. Pero sa alam ko lang po, hindi nga ma-establish san siya pinanganak? Sa Pilipinas ba o sa America.

    At saka paano naman po ang tungkol sa requirement na “minimum 10 yrs continuous residency” sa Pilipinas. Pasado din po ba siya dun?

    Gusto ko lang po malaman. Your reply is much appreciated.

    Maraming salamat po.

    Lubos na gumagalng,

    Angelito Escarez
    Voter

  4. Romeo Ybanez on

    You are confused with “human rights” and the issue of following what is stated in the Constitution. How a foundling becomes a Filipino is another issue not to be confused with the issue of following the Constitution.

  5. Abraham Manlulu on

    Granting that a foundling is a natural born citizen of a country where she/he was found, but when she/he migrated toother country and renounced her/his citizenship and reacquired for whatever purpose which needs legal procedures ,is this not naturalization of citizenship?

  6. I have more or less dismissed Mayor Duterte as a presidential candidate because of his reputation as a killer thug, his fondling of young women in public, and his well-known tendency to curse. However, for his disagreement with the SC decision, I believe he is now worth a second and a third look. His statement is frank, courageous and full of common sense. This is in contrast with the lack of comments (agree or disagree?) from the other candidates like Sen. Miriam Defensor-Santiago and VP Jejomar Binay who are also lawyers, and presumably also studied Constitutional or Political Law. As for Mar Roxas who is not a lawyer, he should read the decision once it is out, consult his legal advisers if need be, and then inform the electorate of his opinion as to whether he agrees or disagrees. From such opinion, one can glean the kind of SC justices he may appoint should he win the presidency.

    I say, “Carry on, Mr. Duterte”. You will garner more votes, the more you speak about this matter as many voters are plain disgusted with this decision.

  7. “Jus Soli” meaning ‘right of the soil’, is the right of anyone born in the territory of a state to nationality or citizenship. There is no question #TraPoe is entitled to be a citizen the question is is she a Natural born? Now look at “Jus Sanguines” is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. Does #TraPoe know who is her parents? No! You cannot use presumption on this one otherwise everybody here in PI is a natural born then Constitution should be abolished. Its very clear in the requirements it explicitly written “… must be a NATURAL BORN CITIZEN..” not just a “CITIZEN” there’s a big difference there iho

  8. Is there any proof that at least one of the parents of Ms Grace Poe was a Filipino citizen so that the so called ” jus soli ” can be invoked? I think there was none. How about the 10 years residency requirement, how can she be qualified when the records showed during her candidacy as senator that she cannot comply the residency qualification for the presidency this coming election? To ignore the provisions of the Philippine Constitution so that she can ran as President is so high a price to pay for the honor and dignity of our country. We will become a laughing stock among the community of nations.

  9. The Constitution is clear on this matter. To interpret otherwise is mere speculation. And to think she has U.S citizen family! Only in the Philippines.

  10. How Duterte a confessed killer of unarmed criminals have the legal ground to issue this decision. An adulterer , bad mouth politician, a drunkard, a killer of an unarmed person be a person to believe. You have lost your moral ground Mr Duterte.

    • nag aral yan ng law..ano naman kinalalamn nyan sa mga pinatay nya kung meron man..pati na rin sa pag mumura..ang topic is decision ng sc..pa mral moral ground ka pa

  11. DUTERTE wala na talaga ang ating mga MAHESTRADO..KORAPSYON at the highest and lowest level GRABE na..pera2x nalang..ekw na lang ang pag asa naming mga PILIPINO na ito’y mabago…

  12. Atty. Rodrigo Duterte,Being a lawyer, there is no objection interposed on his explanation regarding ‘natural born Filipinos’ as a child after getting delivered by a Filipina mother is a natural born Filipino, but there are certain exemptions as when even born of one foreign parent, the mother or father and presumably in Philippine soil called “jus soli” is also presumed a natural born Filipino from a child’s inherent right. Upon reaching the age of maturity or majority, the child may choose which nationality he or she prefers and may renounce or affirm one’s citizenship, under oath. In Senator Grace Poe’s case, she now chooses Filipino citizenship obviously to enjoy acknowledgment of her candidacy legitimacy. I believe, she ( Sen. Grace Poe- Llamanzares ) should be given the benefit of the doubt and allow her to embrace Filipino citizenship, to deny it is being Hitlerite that not recognizing the Jews and had not respected their nationality , Adolf Hitler resorted to inhuman holocolistic and genocidal exterminations of million Jews to include other countries that went against the whims and caprices of Adolf Hitler. This (the Philippines) is a democratic country and respect for human rights should be first and foremost and is a primordial task of government.

    • jus sanguinis nga ang batas. Sino ba ang parents nya? kilala mo? Pilipino ba ang isa? Wala ngang makapagsabi. Saan ba sya pinanganak? Alam mo? Sa Hawaii Ba? Tell Me.

    • Francis Dizon on

      Mr. Hugo…true justice can never be dispensed with “presumptions”. I am commenting from the point of view of a layman. Furthermore, I believe the primary role of the Supreme Court is to uphold the constitution and not reinvent it but rather, to clarify its prescribed or intended meaning. Please correct me if I am wrong.
      As a person, I have nothing but the best wishes for her but not to the manner that bestowed her legitimacy to run for the Presidency.

    • she placed “6 years, 6 months” as of May 13,2013..madali lang naman intindihin yan.. parang obey traffic rules,no loitering, no smoking.. ganern lang yan.. if she really cares. she should concede at this point and follow the law.. Otherwise, we cannot expect that she would follow those same laws IF she become president.dito pa lang masusubukan ang galling nya..

    • Blaire Ejercito on

      Granting She is a natural born Filipino, how about the 10 year residency requirement? And we are talking of the highest position in the land here, her family is not Filipino? Moral ascendancy? This is not all about legality, qualifications and capability. She renounced her Filipino citizenship when she swore and pledge her allegiance to the United States of America. And when opportunity knocked she wanted to be a Filipino again? Ok, let’s give her the benefit of the doubt and the respect for human right since we are a democratic country. So if Donald Trump will decide to apply for a Filipino citizenship and be allowed to embrace Filipino citizenship, complies with the residency requirement and if illegible to own businesses here decides to buy big corporations to finance his candidacy if he decides to run for the presidency in the Philippines we will give him the benefit of the doubt?
      This is why we have set of laws for this matter. And most of the people who believes in these laws think that the SC just broke the law. Do you like the idea of a president with American family in Malacanang? Really? What if there will come a time or a situation that the president needs to decide on a matter against US or its policies? Who would she choose? Country or Family? And we will give her the benefit of the doubt?Isn’t the law was created is such manner to eliminate doubts? to be absolute?

    • You are genius dummy! “Jus Soli” meaning ‘right of the soil’, is the right of anyone born in the territory of a state to nationality or citizenship. There is no question #TraPoe is entitled to be a citizen the question is is she a Natural born? Now look at “Jus Sanguines” is a principle of nationality law by which citizenship is not determined by place of birth but by having one or both parents who are citizens of the state. Does #TraPoe know who is her parents? No! You cannot use presumption on this one otherwise everybody here in PI is a natural born then Constitution should be abolished. Its very clear in the requirements it explicitly written “… must be a NATURAL BORN CITIZEN..” not just a “CITIZEN” there’s a big difference there smartass. There is no presumption iho

    • Gabriel Lopez on

      It just goes to show that the Philippines is a country of lawlessness. Why? It is very clearly stated in the law that a 10 year residency is required to run for president. It is very clear that Madam Poe does not qualify in that respect. It is very clear that laws are being manipulated. But yeah, laws are bent to the benefit of the highest bidder. You are also alluding that Atty. Rodrigo Duterte is being Hitlerite because of his views. What crap! Do you see Mr. Duterte executing millions of foreigners? Do you see him insulting or even being racist to foreigners? Why are people so afraid of him bringing the law back? Is it because people are used to breaking the law all the time?

      People are so quick to judge. You say we are a democratic country? What a joke … look around you … do you see a democracy? I see an oligarchy. We are a banana republic. We only live by the golden rule which states that he who has the gold makes the rules.

      Lastly respect for human rights. Another fine joke. If a communist rebel gets killed, people get so hot about the human rights issue. But if our soldiers or policemen get killed do we hear a peep out of these human rights activists? Mutilated SAF 44 personnel, did anyone rally about their human rights?

      Stop being naive and living in a dream world. What the Philippines need is discipline in order to move forward. Discipline for all classes high or law. I don’t see that character in Madame Poe. I don’t think she has the will and strength of character needed to bring these lawless land back on track. Forget Mar who doesn’t have a backbone to stand on his own. VP Binay has the strength of this character if he doesn’t abuse it. Senator Santiago has this character strength as well if only her health is not failing her. So really that leaves only one logical candidate to vote for this election.

    • She was born in the Philippine soil so she could be a natural born Filipino but when she reach her maturity age as you said, she went to the USA and chooses to be a US citizen. Now she came back to the land she once denounce and want to lead? Who in the right mind of a person would do that? only a deranged and the one with bad intention. And you compare the people who knows principle with Hitlerite? Your assesement is wrong very wrong.

    • The Philippine nationality law is based upon the principles of jus sanguinis (right of blood) not jus soli. She (Sen. Poe) can embrace her reacquired Filipino citizenship but that doesn’t make her a natural-born Filipino.

    • Thanks for your further explaination Sir Hugo, i really appreciate it…my questions are…If you are born as Jus Soli, and reached to the age of maturity or majority, are you required to choose only one citizenship? Or can you have dual? In relation with Grace Poe, when she took an oath to her allegiance with the US, was it the time she chose to be a US Citizen? did she totally renounce her Filipino Citizenship when she had her oath? Or can we say, i am still a filipino just for the requirements i will take an oath… Hope to hear more from you as I am confused on what I am trying to read in the news – lots of people trying to explain the law…