• ‘Stop proceedings vs Poe’

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     Grace Poe

    Grace Poe

    Comelec law department recommends suspension of disqualification cases

    The Commission on Elections’ (Comelec) law department has recommended the suspension of legal proceedings in disqualification cases filed against Sen. Grace Poe until after the resolution of her pending case before the Senate Electoral Tribunal.

    Appearing before the House Committee on Suffrage and Electoral Reforms on Wednesday, Comelec Commissioner Arthur Lim said the poll body’s commissioners were told that the resolution of a quo warranto petition of radio commentator Rizalito David with the electoral tribunal would have an effect on the disqualification cases filed against the senator.

    “The en banc has received the report and recommendation of the law department and we are considering the issue. The law department has recommended the suspension of the proceedings before the commission on the alleged ground that the case before the [Senate Electoral Tribunal] contains a prejudicial question determinative of the outcome of the election offense case pending before the commission, and subsequently filed before it,” Lim added.

    Meanwhile, the Comelec has summoned Poe for a hearing on November 3 so that she could respond to the charges against her.

    “The decision of the en banc was to study the issue of prejudicial question [and]subject it to a very thorough, judicious approach and study. But for the time being… the information I can give the committee is that the rules of the commission on preliminary investigation must be complied with,” Lim said.

    He clarified, “It is not to prejudge the case one way or another. Neither is it to rule whether the prejudicial question exists or does not exist. But certainly the rules mandate that if there is a verified complaint for an election offense, the investigative process has to be set into motion. This is the reason why the commission, through the law department, has now sent a subpoena to the respondent to file a counter-affidavit. The hearing has been set for November 3,” Lim said.

    Poe is facing complaints before the Comelec filed by David, political science professor Antonio Contreras, lawyer Estrella Elamparo and former senator Francisco Tatad that all assailed the senator’s citizenship and residency.

    During the House committee hearing, officials of the poll body said the Comelec’s decision on the cases “will be issued in due time consistent with due process and judicious consideration of all the [pieces of]evidence.”

    Speaking to reporters after the hearing, Lim said the poll body will issue a decision on Poe’s disqualification cases “within November … sa palagay ko [I think] or as soon as possible.”

    In a 163-page memorandum filed earlier this month before the electoral tribunal, Poe’s camp asked it to dismiss the petition, saying David was unable to establish that she is disqualified.

    It also asked that David be cited in direct contempt “for willful and deliberate forum-shopping” and to fine him P2,000 and imprison him for 10 days pursuant to the Rules of Court.

    Further, Poe’s camp also asked the Senate Electoral Tribunal to cite him in indirect contempt “for failing to inform this honorable tribunal of the filing and pendency of his affidavit-complaint with the Comelec law department” and to fine him P30,000 and imprison him for six months pursuant to the Rules of Court.

    It asked too the tribunal to “[i]mpose on petitioner double or treble costs, pursuant to Rule 85 of the [tribunal][r]ules, for filing a frivolous petition for quo warranto against respondent.”

    David–who also filed his certificate of candidacy for President–filed the petition for quo warranto (by what warrant) last August before the electoral tribunal seeking Poe’s removal from office as he assailed her citizenship.

    “Since respondent has no known parentage–and following the predominating principle of jus sanguinis–she cannot be considered a Philippine natural, much less natural-born,” he said in a 51-page memorandum he submitted to the tribunal early this month.

    Under the jus sanguinis (right of blood) principle, a child’s citizenship is determined by the citizenship of the parents regardless of the place of birth.

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    19 Comments

    1. Grace Poe?
      Tourism ang plataporma? e ma kailangan ng mamamayang pilipino ang maayos ng systema ng pamamahala upang magkaroon ng kabuhayan ang bawat simplng pamilya at maayos ang mga kapalpakan ng kasalukuyang administrasyon….
      walang pagasang nakikita kung siya ang mangunguna sa bansa. haaay

    2. Saw this passage in another article on the front page by HOMOBONO A. ADAZA

      “The people, as a rule, have become lickers of the asses of the oligarchy and their running dogs by years of control – economically, politically and psychologically.”

      Ain’t it the truth.

      A nation of sheep begets a government of wolves.

    3. olimpio ardiente on

      As an ordinary citizen with regards to falsification of personal documents, even when you are applying to any key position, it is written in the bottom of it that in your knowledge everything is true as well as it is ground for your employment termination or cancellation of your application if false information is being entered. Moreover a government official elected by the people, second she already know that she did not meet minimum requirements to run for presidency, natural born citizen and length of residency in the country plus she al ready sworn on to become US citizen , she should voluntarily remove her self in the position or stop ambition to become president, she is under sworn in bible and law. GOD BLESS Filipino GOD BLESS Philippines

    4. NOT TO GRACE POE AND TO ALL LIBERAL PARTIES OF THIS LUNATIC PRESIDENT ABNOY..She is nothing like a plain housewife.. Just like corykong aquino… she will favors again the oligarch yellow cult . na nagpapayaman sa kaban ng bayan, at pahirap sa mga ordinaryong mamayan..
      we want MDS/BBM for the President and Vice President of the Philippines,para sa pagbabago..

    5. A bad joke… is this corruption at its best? Banana Republic???

      Wow… It is really better in the Philippines!

    6. “Poe-Escudero’s ‘Partido Galing at Puso’ Senate slate launched.” that is the headline of another newspaper.

      ibang klase rin naman ang style nina Grace, parang labanan ng pagandahan ng slogan at catchy phrases, basta makapanloko at makakuha lang ng boto.

    7. Comelec will render their decision of Grace poe’s disqualification case at the end of the year which is after Christmas,well, I am pretty sure that everybody in Comelec will have a white and GRACEful Christmas.

    8. Leodegardo Pruna on

      A mysterious hand is working silently in this case of disgraced Grace. This hand definitely wants to be sure that after the election all will go well in life without answering any question of unconstitutional wrongs committed. With either Grace or Mar at the helm, the tuwid will continue and even become tuwad and Grace more disgraced as she reveals her incompetence and lack of experience just like what she showed in the PICC congress. God bless the Philippines.

    9. Grace P. Llamanzares must be disqualified kasing sayang lang ang ballota ng pcos machine sa kanya. Sumikat lang dahil kay FPJ pero tulad din siya ni CORY AQUINO NA WALANG ALAM.

    10. All Filipinos all over the world knows Grace Poe has not met the legal requirements to qualify her as a Presidential candidate, nor to become a Senator . It is rather an honorable move and a good example to many Filipinos both young and old that she gracefully admits, that she has made a mistake and she is just like other normal people who cannot be perfect all of the time. By not circumventing the law she and her family will retain the utmost respect they ultimately deserve. She is still young and her willingness to serve and become a public servant , will be much needed in the near future.

    11. I say fine Poe whatever salary she collected as a senator and imprison her for a few years for submitting false documents and statements.

    12. what david did was clearly forum shopping. i believe senator poe’s case is a non-issue and they are just trying to muddle the law to confuse the people

      • I don’t think forum shopping, if this was the case, is a justification for the dismissal of the case. The case of Mrs. Llamanzares is a BIG issue because if involves the Philippine Constitution which requires candidates for president, among others, that they should qualify under its provisions. Otherwise, undermining the constitution will erode the faith of the people in the basic law of the land.

      • Ang bilis mo naman maghusga forum shopping,, no wonder, corrupt naman pag iisip mo, i pity your family, examine your self first,before u say snything .

    13. Sadly for the millions who have made Grace Poe the #1 ranked candidate, they must remain patient and vigilant in waiting for these complaints to be resolved.

      Never could any of us imagine a foundling would capture the nation’s attention like this. When 5 people would complain about a woman who’s found abandoned and would go on to reshape the nation as a leader.

      Both COMELEC and SET have much work ahead of them as they balance and interpret the laws in arriving at their decisions. It’s hoped they can be fair to Grace Poe.

      http://www.gmanetwork.com/news/story/497958/news/nation/grace-poe-slams-those-discriminating-against-foundlings-like-her

    14. Very suspicious recommendation by so-called law experts in the Comelec. Why are they afraid to make their own proceedings and decisions on the qualification of Grace Llamanzares? Do they have a mind of their own? Why wait for the SET decision when it is all about a different case? Are they afraid of Grace Llamanzares, or they want other things.

      • They are afraid of Pnoy, Aquino appointed the heads of all the agencies.

        Grace is Pnoy’s other bet for president, that’s why she buried the SAF 44 report with the Ombudsman to shield Aquino instead of submitting it to the senate.

        If Grace gets elected she will pardon all the liberal party looters or direct the law enforcement agencies to drag out and stall any cases for years, exactly like De Lima and the Ombudsman did.