• VP to assume presidency if Poe disqualified

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    IF Senator Grace Poe wins in May but is disqualified by the Supreme Court (SC), the winning vice presidential candidate will be declared president, the Commission on Elections (Comelec) said Wednesday.

    Comelec Chairman Juan Andres Bautista said that in the event that Poe’s disqualification comes after the elections, the high Court’s ruling will prevail thus, she will not be able to assume office despite her poll victory.

    “The (winning) vice presidential candidate takes over,” Bautista told The Manila Times.
    Former Comelec Chairman Sixto Brillantes agreed with Bautista, explaining that if the SC decision comes out after Poe has won or assumed the presidency on June 30, 2016, the vice president will take over as president.

    But Brillantes pointed out that if Poe wins and the disqualification order comes out before noon on June 30, the presidential candidate who garnered the second most number of votes will be declared president.

    Election lawyer Manuelito Luna, said the vice president elect cannot take over as president if Poe is disqualified.

    “She (Poe) technically is not a candidate. Her candidacy is void and all her votes are stray votes. Because of that it’s not the vice president that takes over but the second placer (in the presidential race),” Luna told The Times.

    “The second placer is actually the first placer because Poe’s candidacy is void,” Luna stressed.

    Also, Bautista said Poe cannot be substituted if she is disqualified.

    He explained that the rule on substitution is clearly defined under the Omnibus Election Code (OEC), and Poe’s case does not fall under the category allowed by law.

    “She is an independent, she has no political party. Independent candidates cannot be substituted,” Bautista pointed out.

    Substitution is allowed under Article IX, Section 77 of the Omnibus Election Code. It states: “If after the last day for the filing of certificates of candidacy, an official candidate of a registered or accredited political party dies, withdraws or is disqualified for any cause, only a person belong to, and certified by, the same political party may file a certificate of candidacy to replace the candidate who die, withdrew or was disqualified.”

    Poe was recently adopted by the Nationalist People’s Coalition (NPC) as its presidential candidate, but Comelec spokesman Director James Jimenez said that this does not mean that she is already a member of the party.

    The Comelec en banc disqualified Poe in December last year. The commission said Poe is not qualified to join the presidential race because she is not a natural-born Filipino citizen and she failed to meet the minimum 10-year residency requirement.

    The Manila Times has reported that a draft decision written by SC Associate Justice Mariano del Castillo disqualified Poe on the grounds that she did not meet the residency requirement for presidential candidates.

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    2 Comments

    1. opinionated na pinoy on

      All the Bible phrases, Honesty, Integrity, and more, will be thrown out of the window and will not impede the progress of what MONEY can do. Money will remain the most powerful element that can change impossible to more favorable, to whoever has it. It is already an accepted practice from the highest level of the government all the way down to the lowest, that MONEY still the favorite tool used to solve any type of problem that any individual may have, and only in the Philippines.

      Everybody in the Philippines, to include the SC Justices have a price. If the price is right, anybody can get a favorable ruling, and in some cases, justices can come up with something, even the things that did not exists before, like allowing Enrile to post bail. The funny thing about this is that, the justices who voted for Enlile to post bail claimed “Judicial Independence” when asked by their fellow justices why they voted the way they did, and did not even exists in the constitution. To me, this kind of practice and behavior of the Justices or whatever anybody call it, was influenced by the most powerful element, as described above. I believe this sincerely and beyond the shadow of a doubt. It is like the theory of cause and effect, and in this case, we are actually seeing the effects, but nobody can prove the cause. Circumstantial evidence will not prove anything. Sabihin nila guni-guni lang yan or tsis-mis lang yan.

      The original meaning of ‘Judicial Independence” was for the other branches of government not to influence, interfere or dictate how they would do their jobs, and this is plain and simple interpretation from a non-lawyer like me.

    2. DelfinTodcor on

      What kind of mockery and insult to the Nation is the COMELEC chairman saying! He is saying that SC will not issue their decision by March 8? They will delay the magistrate voting because of big money given? Pleas SC judges read the word of God to strike fear in you! As well as the COMELEC officials who may sell the FLASH DISC to the highest bidder!!! Proverbs 17:23-28New King James Version (NKJV)

      23 A wicked man accepts a bribe behind the back[a]
      To pervert the ways of justice.
      24 Wisdom is in the sight of him who has understanding,
      But the eyes of a fool are on the ends of the earth.
      25 A foolish son is a grief to his father,
      And bitterness to her who bore him.
      26 Also, to punish the righteous is not good,
      Nor to strike princes for their uprightness.
      27 He who has knowledge spares his words,
      And a man of understanding is of a calm spirit.
      28 Even a fool is counted wise when he holds his peace;
      When he shuts his lips, he is considered perceptive. Matthew 16:26New King James Version (NKJV)

      26 For what profit is it to a man if he gains the whole world, and loses his own soul? Or what will a man give in exchange for his soul?