Tatad seeks SC re-voting on Poe case

35
Former Senator Francisco Tatad. PHOTO By Mike De Leon

Former Senator Francisco Tatad. PHOTO By Mike De Leon

Former Senator Francisco “Kit” Tatad on Saturday said his camp will ask the Supreme Court to conduct new hearings and hold a re-voting on the disqualification case filed against Senator Grace Poe once they receive an official copy of the decision.

“We will go to court and will ask for re-voting and rehearing of the case. Hindi na motion for reconsideration because there is nothing to reconsider. There is no valid ruling to reconsider. So that is our position. Pero napakalinaw po [But it is very clear]: ‘yung Comelec decision, en banc decision, is based on [the]decision of the two divisions, which ruled on our four petitions,” Tatad said in a media forum in Quezon City.

The former senator, one of the petitioners who sought Poe’s disqualification, said there is no SC ruling yet because the tribunal has yet to explain the basis of the votation.

“Walang Supreme Court decision [There is no Supreme Court decision]. There’s no Supreme Court ruling. Pinaniwala tayo na nagbotohan [We were led to think that there was a voting]. Nine-six daw ang boto [The result of the voting is reportedly 9-6]. All the headlines said Grace can run. Hindi sinabi kung ano ang naging base ng boto, basta binalita na nine daw ang bumoto [The basis for the votes was not mentioned, it was just announced that nine voted], saying that Grace can run. Pero hindi natin alam kung saan po nanggaling ito [But we do not know where this came from],” Tatad told reporters.


SC spokesperson Theodore Te on Tuesday said the High Court allowed Poe to run based on the majority decision of its magistrates. However, Te did not say whether the SC upheld Poe’s contentions that she is a natural-born Filipino and that she met the 10-year residency requirement for presidential candidates.

On Friday night, the SC released its 47-page decision, penned by Associate Justice Jose Perez.

In that decision, the court said that the Commission on Elections (Comelec) gravely abused its discretion when it cancelled Poe’s certificate of candidacy because of issues on her citizenship and residency.

“There is more than sufficient evidence that petitioner has Filipino parents and is therefore a natural-born Filipino,” the tribunal said.

“Her admission that she is a foundling did not shift the burden to her because such status did not exclude the possibility that her parents were Filipinos, especially as in this case where there is a high possibility, if not certainty, that her parents are Filipinos,” it added.
The SC, in its decision, also said that Poe is right in claiming in her COC that she will have been a resident of the Philippines for 10 years and 11 months on the day before the 2016 elections.

Tatad, meanwhile, claimed that only seven magistrates actually voted in favor of Poe.
“Pinaniwala tayo na nine-six ang voting. Sabi ng lawyer ko there was no nine-six voting [We were led to believe that the voting was nine-six. My lawyer said there was no nine-six voting]. Ang bumoto: only seven justices in favor of Grace Poe’s so-called citizenship and residency. Seven? This is a court of 15, hindi majority vote so walang ruling [there is no majority vote so there is no ruling]. We cannot recognize it,” he said.

Tatad said his petition was based on Poe’s admission when she ran for senator in 2013 that she has resided in the country for six years and six months.

“Galing po sa kanya yan. So from elections of 2013, kwentahin mo lang po yung panahon na tumakbo until the day before May ng election. Hindi po umaabot ng sampung taon yan. Ang inilagay niya sa kanyang COC, 10 years and 11 months ang kanyang residence dito to qualify for presidency [That came from her. So from the elections in 2013, you just compute the period that elapsed until the day before the elections in May this year. It will not tally to 10 years. What she stated in her COC is that she has resided in the country for 10 years and 10 months to qualify for presidency],” he said.

“Under the constitution kasi at least 10 years [Under the constitution a candidate for president should be resident of the country for at least 10 years]. So paano nakarating dun ‘yung mahistrado ng korte suprema na 10 years and 11 months samantalang [So how did the SC magistrate arrive at the conclusion that Poe has been a resident of the country for 10 years and 111 months when] from her own admission and her own claim, six years and six months lang siya [she has been a resident of the country for six years and six months]by the time she came here to run for the senate. Nadagdagan noong [The number of years as resident would increase from] 2013 up to May 8,” he added.

“Nabasa ko sa balita quoting Justice Perez na [I read in the news, quoting Justice Perez, that] on the basis of the probability, natural born citizen daw si Grace Poe [Grace Poe is a natural-born citizen]. The law requires a fact, not a probability. Otherwise, ang dapat na nasa constitution natin ay [our constitution should have provided]: ‘No person may be elected President unless he is ‘probably’ a natural Filipino citizen’,” Tatad told members of the media.

“Let us remember that the Supreme Court is a [trier]of law, it’s not a [trier]of probabilities. It is a [trier]of facts. The law requires not a probability but a fact. ‘Di pa nangyayari sa kasaysayan natin na nag-release ng boto ang Supreme Court na hindi pinaliwanag, ay pinakita sa atin [Never in our history has the SC released the voting results without explaining, without showing the text of the decision]. It’s not enough that justice should be done. Justice must be seen to be done. At this point, the Supreme Court justices are suspects of wrongdoing,” Tatad noted.

He also criticized the SC for allegedly giving special treatment to Poe while there are also other petitioners who sought to contest the Comelec’s decisions to disqualify them.

“Yung Comelec nag-rule na disqualify siya. Kanselado ang kaniyang COC. Siya lamang ang pumunta ng Supreme Court na inasikaso ng Korte Suprema [The Comelec ruled that she was disqualified. It cancelled her COC. She was the only one who went to the Supreme Court and was accommodated] There are more than 105 Filipinos na nag-file for presidency [who filed COCs for the presidency]. Lahat ‘yan they [All of them] comply [with]all the constitutional requirements. Some of them appealed to the Supreme Court.

Minute resolution lang dismissed na agad ‘yung kanilang appeal [Their appeals were immediately dismissed through a minute resolution]. Pano nangyari yun [How did that happen]? You have one person [who], under the constitution, is not qualified. Paano nangyari ang ganitong sitwasyon? [How did this situation happen?]” the former senator asked.

“So ito ang nakakalungkot. Baka magbunga ng hindi maganda ito para sa ating bansa [This is lamentable. This might lead to dire consequences for our country]. I do not expect a peaceful and meaningful election,” he added.

Share.
.
Loading...

Please follow our commenting guidelines.

35 Comments

  1. I agree with Senator Grace Poe when she said that she never lost the values of being a Filipino and it did not make her love the country any less. She did what she had to do and she came back to the country ready to help the people. She is the most viable presidential candidate and her continuously topping the recent nationwide surveys prove that a lot of Filipinos still admire her and believe in her in spite of all of this. Expect our undying support, Senator Grace Poe!

  2. We the people are thankful 1st to “GOD” AND 2nd to the 9 supreme courts who vote for Senator Grace Poe. The marginalized ,foundlings ,orphaned have less in life but they have powerful protector which is “God ” besides them all the time…No one can win if God speaks .

  3. Good luck on your endeavor, Mr. Tatad. I hope you will succeed in a getting a new SC hearing and re-vote by the SC justices. It is a good thing that Mayor R. Duterte has voiced his disagreement with the decision as it might lead to the SC agreeing to a re-vote, if only to prove to the public that the announced 9-6 decision is not a mistake. I hope that other candidates, such as VP J. Binay and Senator Miriam. Defensor-Santiago (both lawyers), will soon announce their own opinion about this matter.

    The “ponente” by Associate Justice Perez and opinions of the other SC Justices have now been released. They have to be scrutinized carefully so that any bias, irregularities, inconsistency of the Poe decision with SC legal jurisprudence already in existence can be pinpointed and addressed fully. Filing a “Motion for Reconsideration” may have to be resorted to if the SC turns down a petition for a re-vote.

    Meanwhile, concerned citizens should educate themselves and prepare to impeach the nine judges who have violated the plain, clear and unambiguous text of the Philippine Constitution. No matter how long it would take, steps must be undertaken for impeachment proceedings to take place; otherwise, this country is doomed forever and ever to have one law for the rich and influential, and another law for the poor and the great unwashed.

  4. Robert Alvarez Hyndman on

    A Supreme Court that has flip-flopped on its decisions on numerous occasions, granted bail to jailed Senator Juan Ponce Enrile on grounds that he is of frail health, basis of which is found nowhere in the constitution, deciding that senator Poe can run for the presidency while disallowing a mayor just a week earlier under similar circumstances?

    You expect me to respect the members of the Supreme court?

    I am born of a British father and Filipino mother, born here, had to elect Filipino citizenship so I could continue working in the land of my birth, but not allowed to any elected or appointed position in the government per the constitution, had the opportunity to be a U.S. citizen but elected to stay in the motherland, and senator Poe who turned her back on the country by electing American citizenship then reverting
    back to Filipino for her convenience can run for the presidency?

    I accuse the members of the Supreme court who voted for Poe of preventing me – and other Filipinos of like situation as mine – from becoming president of the land, and thus could have prevented the dictatorial years from happening!

  5. Robert Alvarez Hyndman on

    A Supreme Court that has flip-flopped on its decisions on numerous occasions, granting bail to Senator Ponce Enrile, basing its decision on ‘his frail health” where there is nothing in the constitution that says this could be a basis for his temporary liberty, allowing Poe to run for the presidency, in direct contrast to its decision just a week prior dismissing a mayor on the same grounds as Poe. How can I now trust the Supreme Court?

    I am born of a British father and Filipina mother, born in this country, had to elect to be a Filipino citizen so I could continue working in the country, but could not be eligible to any elected or appointed position in the government as the constitution specifically states so. I was granted American citizenship a while back but decided to stay with the Motherland, and senator Poe who elected U.S. citizenship then reverted back to Filipino (flip-flopping like the supreme court) can run for president of my land?

    I accuse the Supreme Court of preventing me and other similarly-situated Filipinos from becoming president and thus would have prevented the dictatorial years and countless injustices and deaths.

  6. Veronica San Agustin on

    It is not just the issue of the residency and citizenship but her truthfulness too. With all the issues surrounding her persona, with the issue of identity theft in the US (if true), her “honest mistake”? How can you trust someone with the highest position in the country who commits an “honest mistake” in a simple arithmetic?? She plans to deceive us and even if she runs, we should never, ever vote for her.

  7. SC is not reliable when it comes to NUMBER verifying cases…some lawyers studied law becuase they are poor in numbers and to this day this hypothesis was proven. I keep mum on women telling their actual ages minus ten because when I tried to ferret their true age the HCHR will be knocking on my doors and will be charged with Human Rights violations. But this woman Poe is different he told the people the otherwise that her age was increased by immortal divines from the day she filed her senatorial candidacy and what is mind boggling is that believing her is the HIGHEST COURT OF RP…Madam Miriam pwede ba yan, pakipaliwanag please.

  8. Daniel B. Laurente on

    Nah..pag tinanggal pa ni Digong Duterte ang mathematics, lalong magkakaproblema ang mga gagagraduate ng Law. Iyang 15 nga lang na membro ng SC nagkamali ano ang majority na tawag. Patay tayo dyan. Lalong magulo sa mga sunod na taon na darating kasi puro bobo na sa math ang mga lawyers. Pero baka naman hindi sila bobo sa mga ibinabayad ng kleyenta nila sa practice ng lawyering lalo kung malaki ang bayad sa kanila kasi malaking pera yon.

  9. We must believed in the referee, in this case the SC otherwise our democratic country is not working. My kababayan Tatad should stop shooting. Hindi porke panalo si Grace Poe sa SC panalo na rin syan presidente. Simply lang kung ayaw mo kay Grace Poe di huwag mo iboto.

  10. Tama ka Lito, walang kwentang tao yan tatad na yan, nung kick off meeting nga ni Binay ay nandiyan yan, so ano pa ba ang pruweba na di bayaran yan,, dahil takot na takot sila kay Grace kaya gusto nila na madisqualified yung Tao, para manalo si Binay, kasi sa ngayon winner take all si Binay, pag di nanalo sa kulungan ang bagsak niya, tignan mo lang ang COA report na nagpapatunay na nagnakaw si Binay.

    • I admire you Sen.Tatad for pursuing the essence of the law of the land which is the Philippines Constitution that all laws to be enacted should be emanated from it. The constitution is very clear that a Filipino who are literate is easy for him to comprehend , I believed that the decision made by SC to favor Poe is a signed of ruining Our Constitution just to favor to those who have connections especially with a huge of money to back her up…and I supremely believed That Our God Almighty … never sleeps nor slumber… God bless and save Philippines..

  11. The decisions of the justices cannot be penned because they know that justice Perez opinion is not based on facts meaning based on what the constitution says. They just agreed but not in principle. Maybe justice Perez had the courage to bet his integrity and his family future on his decision based on probability. There is really a manipulation being made to let Poe run. It is so clear that any Filipino in his or her right mind will not vote for a candidate who has no clear evidence to lead this country plus the fact that her loyalty is in America. She will just be used by her financiers like Pinoy. Panahon na para sa panibagong people power! Hindi natin kailangan ang back up ng America o ng isang Oligarch. Sila ang mga sumisihil sa ating mga Filipino. Magkaisa lang po tayo para sa pagbabago sa paraang itinakda ng Saligang Batas. Tayong mga mamamayan ang siyang talagang May karapatang mamahala sa Pilipinas. We the people is the government. And the military are under our authority. Senator Tatad, lead this endeavor and campaign more on those patriotic Filipinos who have brains and balls!

  12. I really cannot fathom how a one man crusader create havoc in our judicial system. Is it because he is a columnist and a laos politician that is why he is accorded an ear by readers and voters ? Let us unite and stop these actions by this guy who just want to be in the lamlight and say his last hurrah before he goes.

  13. Even if the Justices made a re voting, it will be the same because the 9 justices already received their share $ € ¥ ¢ £. Impeach this 9 justices starts with SC chief Sereno. Conduct a raid in this 9 Justices houses you’ll find cash there lots of cash.

  14. Well that Tatad’s right to question the SC decisions. So Tatad, go ahead make an appeal & hopefully you’ll win before the kingdom come.

  15. Philippine supreme court is the laughing stock of all the world magistrates. Nakakahiyang matawag anong Pilipino. Corrupt ang Executive, corrupt ang congress at senado at corrupt pati supreme court. Pati mamamayan nahawa tuloy.

  16. I don’t think the rest of the justices will just keep silent if the vote of 9 to 6 is not the right numbers. Where did your lawyer get the info? Why can’t you not accept the SC ruling? The SC have spoken in behalf of the Pilipino people. Let the voters decide.

  17. Alfred Abanes on

    Tatad, Tiglao et al cannot seem to get over the IMMINENT DEFEAT of their beloved candidate the penultimate plunderer JEJOMAR JOJO BINAY!

    SHAME ON YOU TATAD. You LOSE.

  18. According to Sir Bobi Tiglao, Pnoy is a Disaster President, so all his appointees are considered disaster too.

    DSWD Sec, Soliman, Disaster sa mga Yolanda Victims…

    MIA Manager HONORATO, Disaster sa Tanim Bala

    SECT. ABAYA. Disaster sa MRT

    Budget SECT. Abad.. Disaster sa Illegal DAP and PDAF

    Ombudsman Morales. Disaster sa mga Oposisyon

    Natiwalag na PNP Chief Purisima. Disaster sa 44 SAF

    And NOw CJ Sereno , Disaster sa Supreme Court

    And many More..

  19. Fair N Square on

    Something is really fishy here. First Theodore Te said that the Supreme Court allowed Poe to run based on the majority decision of its magistrates but did not say whether the Poe was considered a natural-born Filipino and that she met the 10-year residency requirement. Te said the voting was 9 to 6 in favor of Poe.
    Second, the SC did not issue its decision until Friday. Now we find out, its not 9-6 but 7-5 and 7-6. That clearly is not a majority.
    Third, Sereno keeps telling the Comelec not to use the media when she is guilty of having her opinion in favor of foundlings published and now she tells us to respect the SC decision. Why could you not have waited till Friday to make the announcement? The SC took its time and did not work daily to resolve the issue, then rushes the announcement before telling the people the basis of the decision. Sereno should be impeached.

  20. We should admit defeat with grace after all majority of SC justices voted to declare GP qualified to run as president. Lets not discriminate foundling as they are also children of god. High praises to SC chief justice sereno in handling the case, May your tribe increase.

  21. Kaya pala bago lumabas ang desisyon ibinalita na sinusuhulan ang mga mahistrado na i-disqualify si Poe yon pala kabaliktaran, kaya pala walang nilabas na desisyon kundi nagbotohan lang.

  22. Mariano Patalinjug on

    Yonkers, New York
    11 March 2016

    Former Senator Francisco S. Tatad has just made shocking revelations on how the Supreme Court reportedly allowed presidential candidate Grace Poe Llamanzares to be a candidate for President on a highly irregular and questionable 7 votes–when a majority decision should be at least 8 of 15 justices.

    If Mr. Tatad’s revelations are factual, the Supreme Court should agree to a rehearing of Grace Poe Llamanzares’ disqualification case and after such a regular rehearing, a proper re-voting.

    The reported 9-6 decision of the Supreme Court now appears to be a myth, given Mr Tatad’s revelations [if true].

    The reputation of this Supreme Court is now in tatters!

    MARIANO PATALINJUG
    patalinjugmar@gmail.com

  23. Enough! Stop crying. The SC ruled. You loose, accept the matter instead of shooting your mouth off. All you are accomplishing is looking like a fool,

    • Are you a lawyer? Your sarcasm is very evident. Its you who should shut your mouth. Let justice runs its course so truth would come out.

    • Stop your name calling. You need to educate yourself. You cannot even spell properly. The word “loose” is incorrect. Why not use Google Search and find the correct word and spelling?

    • Do yout hink the supreme courts will change their verdict mr. Tatad ,kahit magpagulong-gulong ka pa sa putikan ikaw ay talunan ..you are old enough to show to the youth how to be a good sport.

  24. taga palm springs on

    Unfortunately, we have a biased, opinionated Supreme Court Justices! Only God knows about their callous minds! It will a sad scenario when all the calamities will come back as result of Divine Displeasure about injustice and partiality!

  25. An appointment to a high government position does not change the person. Not even to a high position as a Supreme Justice. Who is this Justice Perez who penned the decision over throwing the Decision of the Commission on Election declaration clearly that Poe is disqualified. And the fact that Poe pursued her election campaign in spite of the Ruling of the Commission on election with all supporting argument and evidence to support the decision, is a sign that she was assured by some one in the Supreme Court to go ahead, The Supreme court will take care of her. Let us make a back ground study who is this Justice and penned the Decision, The truth is the Supreme Court, Congress and Malacanang are on the same level of corruption. There is no place for the people to go, these are useless Branches of Government. Walang hiya from the top men of the so called The Three Branches of government. I wonder how their children behave with these blatant show of power shown by their parents, I will pray that the Lord god Senator Tatad the grace and the strength to pursue his work to enlighten the people and the Supreme court Justices. The power of the Supreme Court used to make one ambitious person make her greed for power prevail over the general welfare of the Nation. God Please have mercy on the Justices of the Supreme Court for they are blinded by some unknown forces to see what is good for the country.

    • The rule of the President appointing the justices of the Supreme Court should be withheld but the Justices of the Supreme Court should be the ones allowed to vote for the Chief Justice. This is the same with the AFP and PNP. The appointment of the Generals will be up to the president and approved by the Commission on Appointment but the CS of the AFP should be voted by the Generals of the Army, Navy, Marines and Coast Guard and the same with the CPNP. This way the tradition of the Pilipino of ” UTANG NA LOOB ” to the appointing power like CJ Ma. Lourdes Sereno will be avoided, where, in my opinion, that the Chief Justice of the Supreme Court should have at least 5 years experience a justice of the Supreme Court before he/she could be elected CJ.

  26. mikhail hieronymus on

    It is the right of the people to know the why and wherefore of the S.C decision. Mr. Francisco Tatad, please pursue your logical to the end so that the people will be enlighten. Thank you sir.