We were all duped: SC majority didn’t vote for Llamanzares

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Carpio’s revelation
Contrary to what the public has been led to believe, there is no 9 – 6 majority vote in favor of declaring Mrs. Grace Poe Llamanzares a natural-born citizen, and qualified to run for President. This is what we learn from the dissenting opinion of Senior Associate Justice Carpio, who revealed the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Elections because they did not believe that any material representations by Mrs. Llamanzares, which are false, were prompted by any “intention to deceive.”

Since the majority failed to rule on the two core issues of citizenship and residency, there is no legal basis for the ponencia written by Associate Justice Jose Perez to declare Mary Grace Natividad Sonora Poe Llamanzares “qualified to be a candidate for President in the National and Local Elections of May 9, 2016.” By rejecting the citizenship and residency requirements of presidential candidates under the Constitution in order to allow a person of unknown biological parentage to run, and by declaring that the Comelec committed grave abuse of discretion when it disqualified Mrs. Llamanzares and cancelled her Certificate of Candidacy, the erring Justices may have culpably violated the Constitution, betrayed public trust, and committed grave abuse of discretion themselves.

We waited for five days to see the basis of the Court spokesman’s announcement last Tuesday that nine Justices had voted that Mrs. Llamanzares “could run,” despite the Comelec’s earlier en banc ruling disqualifying her as a candidate and canceling her COC, for making material representations, which are false, that she is a natural-born citizen and a resident of the country for 10 years and 11 months immediately preceding the election.

7, not 9, votes
On Friday evening, when the texts of the Perez ponencia and the other Justices’ concurring and dissenting opinions finally became available online, Carpio’s dissent clarified the issues. There was no Supreme Court ruling on the core issues. The Court is made up of 15 members. Seven votes do not a majority make. But even if a majority vote were attained, if it trashed the Constitution, instead of upholding it, that majority could not possibly speak for the Court. Some Justices may want to rubbish the Constitution, but never the Court. This is what seems to be happening in the Llamanzares case.


Under the Constitution, no one may be elected President unless he is, among other things, a natural-born citizen and a resident of the country for at least 10 years immediately preceding the day of the election. And by natural-born, the Constitution refers to one who is a citizen from birth, without having to perform any act to acquire or perfect his citizenship. This is what we, private petitioners before the Comelec (now turned respondents before the Supreme Court), the Comelec en banc, some Justices and so many legal and political writers have been patiently trying to point out.

Admission against interest
By her own admission, Mrs. Llamanzares was born a foundling of no known parentage, having been abandoned inside the parish church in Jaro, Iloilo, on Sept. 3, 1968. She was not born a citizen under the 1935 Constitution, which was in force at the time of her birth. From this Constitution, the jus sanguinis (right of blood) doctrine was written into the 1973 and 1987 Constitutions, so it is this, which until now governs Philippine citizenship.

Disreputable presumption
The Perez ponencia adopted Solicitor General Florin Hilbay’s pronouncement during the Oral Arguments that all foundlings are natural-born citizens, not on the basis of what the Constitution or the law or jurisprudence says, but purely on the basis of what he says. All our Constitutions are silent on this, but according to Hilbay, foundlings are natural-born precisely because of this very silence. Rejecting the clear provisions of the Constitution, and insisting, instead, on what is not written there, Hilbay said Mrs. Llamanzares is natural-born because of a disputable presumption based on the statistical probability that her parents were or are Filipinos.

The ponencia adopted as its own HIlbay’s thesis that there exists a nearly 100 percent probability that Mrs. Llamanzares’s unknown parents were (are) Filipinos, and that, therefore, she is natural-born. The ponencia said, quoting the “Tribune” of Mrs. Llamanzares, from 1965 to 1975, the total number of foreigners born in the Philippines was 15,986, while the total number of Filipinos born was 10,558,278. The statistical possibility that any child born in the country in that decade is natural-born was 99.83 percent. In 1960, there were 962,532 Filipinos and 4,734 foreigners in the province (of Iloilo?); 99.62 percent of the population were Filipinos. In 1970, there were 1,162,669 Filipinos and 5,304 foreigners; 99.55 percent of the population were Filipinos.

From probability to certainty
On the basis of this statistical analysis, one could theorize that Mrs. Llamanzares may have been born of Filipino parents. But Hilbay and the ponente use the same premise to arrive at the certain conclusion that she was, in fact, born of Filipino parents and is, therefore, natural-born. This is really scraping the bottom of the barrel.

Among the presidential candidates, Mayor Rodrigo Duterte alone had the courage to say something about the vote of the Justices. He said this was not what he learned in law school, but as a lawyer he would respect anything coming from the Court. That is the standard lawyer’s remark: the Supreme Court is always right, even when it is wrong.

Not being a lawyer, I make a distinction between the Court and its erring Justices. I abide by what The Manila Times editorial said last Friday, that it is not the Supreme Court per se that is supreme, but rather the Constitution that is supreme to the Court and the Justices.

A trier of law
The Supreme Court is a trier of law, not of probabilities; it is not even a trier of facts, even though the law always requires a fact rather than a mere probability. The undisputed facts which the parties stipulated upon before the Comelec ruled in favor of the petitions by Estrella Elamparo, Antonio Contreras, Amado Valdez and Francisco Tatad, are simply not in her favor.

By going up to the Supreme Court on a petition for certiorari and asking the Court for a Temporary Restraining Order (TRO), Mrs. Llamanzares was able to freeze the otherwise final and non-reviewable Comelec ruling. She alleged grave abuse of discretion, but there was no attempt on her part to prove this during the Oral Arguments. It was only Associate Justice Francis Jardeleza who theorized during the Orals that the Comelec might have committed grave abuse of discretion when it failed to allow Mrs. Llamanzares to prove that she was natural-born.

To which Commissioner Arthur Lim, speaking for the Comelec, was quick to respond that on the very first line of her first written official submission to the Comelec, Mrs. Llamanzares proclaimed that she was a foundling of no known parentage, making it unnecessary for the petitioners to prove anything anymore. Where then did the Comelec commit grave abuse of discretion amounting to excess or lack of jurisdiction? By simply invoking the Constitution, the law and jurisprudence?

Nuisance candidates
While this case was being heard by the Supreme Court en banc, the Comelec motu proprio disqualified about 130 “presidential candidates” and cancelled their COCs for being “nuisance candidates.” These candidates had all complied with the constitutional requirements: All were natural-born citizens, registered voters, able to read and write, at least 40 years of age on election day, and residents of the country for at least ten years. The only things they did not have were political organisation and money to burn, which are not at all constitutional requirements.

But the Comelec was never faulted for “grave abuse of discretion” for declaring them “nuisance candidates” despite their having complied with all the constitutional requirements. And the Supreme Court was quick to affirm the Comelec decision against any such candidates in a one-paragraph minute resolution. Is not the Court itself guilty of grave abuse of discretion in this instance?

Mrs. Llamanzares’ counsel had argued during the Orals that only the Presidential Electoral Tribunal after the election, and not the Comelec before the election, could pass upon the qualifications or disqualifications of presidential candidates. If this was so, by what authority then does not the Comelec declare “nuisance candidates,” and the High Court confirm Comelec’s action in such cases?

Bastardizing the elections
Carpio has expressed fear—and it is a fear we share—that the non-majority vote could “lead to absurd results and make a mockery of the elections by allowing a presidential candidate with uncertain citizenship status to be potentially elected to the Office of the President, an office expressly reserved by the Constitution exclusively for natural-born Filipino citizens.”

Precisely because of this political vote, we now have a former American citizen, who is married to an American husband and is mother to several American children, who may have been actually programmed to become the next President of the Philippines. We are given to understand that the husband and children would renounce their American citizenship if ever she is elected President. What a way of showing the love for the country she wants to lead!

A president of unknown parentage?
If this is outrageous enough, even more outrageous is the fact that should we ever be so accursed to have her as our president, Filipino children studying history or current events will know the name of their president, but will never be able to find on the internet or anywhere else any information about who her biological father and mother are. What other national indignity, degradation or humiliation do we need?

Only a majority of the Court can declare Mrs. Llamanzares “qualified” to run for President. The vote of seven Justices on the two core issues does not meet this requirement. The Court needs to declare that the previous round of voting has failed, and must sit down all over again, deliberate anew, without the external pressure of partisan politics or money, and cast a vote that could save the Constitution, the Court, the next election, and the nation itself from insanity, treason and chaos.

fstatad@gmail.com

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111 Comments

  1. Simple lng yan. Dahil sa tingin ni Pnoy na wlang chance manalo si Mar kaya si Grace nlng ung kinausap nya na puede cxa tumakbo basta hindi cxa kakasuhan. SC is just following orders from Pnoy to save his self after the election. If manalo c Binay, kulong c Pnoy, if Manalo c Mar/grace kulong c binay, but kng manalo c duterte, kulong c pnoy, Binay, Mar and grace. Kaya DU30 nlng para wla lusot lahat na may kaso

  2. If the citezens of this country have distrust to the highest order of the land , the supreme court, then theres a tendency for a military take over.

  3. If and when Ms. Poe wins, she will be asked to step down because of this disqualification scenario… Nakakatakot kung sino ang magiging Vice-President niya…

    This is the scenario that we want to avoid… That’s why we need to make sure that the next President is qualified in all aspects, including residency and citizenship, natural-born without a doubt…

    • Chiz Escudero knows that, that’s why he is willing to be vice Pres. Of Poe, he’s really smart enough to play the game.

    • now the Supreme Court is stupid? Ha ha ha Shame on you! Mahiya ka naman sasabihin mo stupid sila. Madami nang na desisyunan ang SC, stupid ba lahat yun? O natatakot lang kayo matalo ang kandidato nyo. Vox Populi, Vox Deus.

  4. carmen natividad on

    When they say we bent our constitution for Grace Poe, they are the one being desperate to detract her and bring her down. The Supreme Court made a decision and we must respect it.

    • Socrates Lito Villareal on

      Ginagawang TANGA ang mga kapwa nilang Pilipino. Halatang halata. Ilabas nila ang mga basehan kung bakit nila pinahintulutan tumakbo si Bb. Poe ng pagkaPANGULO ng bansa. Hindi dapat isikreto ito. Ang nakasaad sa Konstitusyon ay iba sa desisyon nila.

    • Please read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

    • You are retarded. The Supreme Court of Jesters have failed their mandate to uphold the Philippine Constitution by allowing a foreigner to run for president, Are you so stupid that you cannot plainly see that?

  5. andyan na yaan kaya ang mabuti na lang gawin ay ipakita natin sa darating na halalan ang hindi pagboto kay Grace

    • you’re right at some point but we can’t allow the Supreme Court make a mockery of our Constitution. And also, let it be known to the justices that not all Filipinos are fools to take in everything that is fed to us. We may not be lawyers but we fully understand a simple and basic law on requirements for presidential candidates

    • Please read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

    • roberto gabinay on

      ang sabi ninyo ang requirement ng vote ay majority so 7-5 and 7-6 ay majority yan .kung ang reuirement ay majority vote of all the members ang kailangan ay 8 pts. iba ang ibig sabihin ng majority vote at majority votes of all the members so nililito lang kayo.yung majority ay sa total ng bumoto

  6. Mr Tatad is a crony of the Marcoses and was the Minister of (dis)Information when martial law was proclaimed. Do you still believe this guy?

    • Stick on the merits of the topic. If that is your premise then who are we to believe? The SC Chief Justice who was appointed by PNoy and who rallied her magistrates to vote for Llamanzares otherwise she will be ejected if Mar does not win in the presidential elections? Open your eyes dear.

    • Please read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

    • I think it is more sensible to weigh the rationality of an argument rather than judge the person who’s writing it. But then again, it is oftentimes that people stick to their own convictions regardless of facts laid before their eyes.

    • The constitution runs supreme and there should be no compromise what so ever.. (The CONSTITUTION) is the law of the land.
      The CONSTITUTION does not bend to anyone.
      It does not need even a Lawyer to understand what is written on it.
      It was written plain and simple and mostly in layman’s term.
      In simple terms ordinary people like are not blind.

  7. Sereno must be impeached. She is incapable to lead the SC she is not qualified to be chief justice in the first place she failed psychological test other than she is not a bar placer (atleast), average academic records, not enough experience in judiciary. Like the saying goes “Same feather flock together”.. If llamanzares wins this election there will be a chaos, the country will be devided just like cory aquino regime #NotoTraPoe #DisGrace #NotoAmericangirl

    • So… duterte is the answer to all shenanigans in this country. We need change, para mawala na tong bulok na sistima sa ating justice system. Sc being the last bulwark of democracy, ano tong disisyong ginawa. Instead of earning respect, pinakawalan mo ang tiwala namin. To resolved this we need to decentralized powers thru Federalizm as the main platform of government of duterte. Its the only way na hindi mamanipyola ang mga dicisyon ng sc. Dahil may lakas at tinig bawat region o estado na di pueding baliwalain ng iilan lang na maperang tao o taotaohan ng mga in power. If the sc cannot change their at papaniwalain tayo na majority ay nahdisisyon sa usaping dq, when according to their own rules is not, then its high time for the people to rebel said dicisyon on May 9, by solidly supporting duterte, for its only him who can deliver true change na hinahangad natin….

  8. Just1patriot on

    9-6 was the vote that the Comelec overstepped their authority. Mr Tatad, that’s the question posed to the SC. The “No opinion” judges , by voting with the majority, have allowed citizenship to foundlings by default. Silence then was a “Yes” vote .

    Mr. Carpio and Mr. Tatad are poor losers who’d rather sow chaos than lose face. Therefore they are unpatriotic because their egos are bigger than the country’s well-being. The SC has established precedent and it’s the law of the land.

    • GPL is a nice a lady and I believe she’s a good person. But, you should ask yourself..

      How can you support a person who once turn his back of a being a Filipino? That Act alone should be enough to deny her in her bid..

      She lost that RIGHTS of being a – Natural Born ?? – Filipino citizen when she renounce it, and it should just be a mere PRIVILEGE of having a Citizenship when she decided to acquire back her Filipino Citizenship.

    • Abstain is NOT a YES nor is it a NO! Read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

  9. This is exciting, last Tuesday they came up w/ a decision to let GP Llamanzares run. Within the week campaign funds flooded at GP’ s doorstep. Lots and lots of money poured in. Lots of money to burn. The question is how will the donor get back their money if GP got DQ in the second round? I heard some Justices had a change of heart and decided to follow the Constitution.

    • Please read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

  10. As a Filipino, I cannot accept that the supreme court made a mockery of our constitution. And I cannot accept further that SC grants Mrs. Llamanzares to run for the highest post of our beloved country who once denounce her Filipino citizenship and take an oath of allegiance of another country, and if needed, to bear arms against other country including the Philippines.

    The mere fact that Mrs.Grace P. Llamanzares turn his back of a being a Filipino should be enough to disqualify her in her bid for presidency..

    She lost that RIGHTS of being a – Natural Born ?? – Filipino citizen when she denounce it, and it should just be a mere PRIVILEGE of having a Citizenship when she decided to acquire back her Filipino Citizenship.

    I personally believes that this decision made by the supreme court is very disturbing and a terrible precedent for our Constitution..

    May God help the Philippines and enlighten our SC justices..

  11. jose b. taganahan on

    Mr. Kit Tatad the Information Minister of the late Dictator Marcos is at it again. What is very clear in the Supreme Court Decision is that Senator Grace Poe-LLamanzares is qualified to run as Preisident in the May 9 Presidential election and that the petitions to disqualify Senator Grace Poe were thrown out by the Supreme Court

    • Please read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

    • Achilles Cane on

      i think the supreme court has been politicized..the justices just turned our constitution to the dustbin..shame on them..mr. tatad was just informing us of the real situation and its consequences if we make a mockery of our constitution..

    • jayson jucar on

      What TV program were you watching Mr. Taganahan? Or you’re just one of these cronies trying to manipulate our Constitution? In your case manipulating the facts. Don’t be a hypocrite. You’ve seen and heard the facts and yet you still pretend everything’s alright. Grace Poe shouldn’t be there in the presidential candidates, she knows nothing. Will you let someone like her lead our country? The answer is NO!

  12. My question is.. is this the democracy all these yellow armies fight for in EDSA 1???

  13. Thanks God. With the decision of the SC we now belong to the “civilised nations”….

  14. Is there any way to remove these SC Justices other than Impeachment? How about Citizen Arrest are these action can’ be implemented? I think there is a way to remove these SC Justices for not upholding and protecting our Constitution so the people must take necessary action regarding this matter.

  15. The rule of law must prevail, for civilize country. Pero ang nangyayari sa ating bansa, it doesnt happen. Kung wala ng maipatupad ang gobyernong ito na dilawan na ayon sa batas, para ano pa at nandiyan ang Supreme Court???. Dapat na rin ibasura ang supreme court kung sila mismo ay hindi tumutupad sa saligang batas ng Pilipinas. Alam namin n maraming loopholes ang batas ng Pilipinas kaya dapat palitan ng tama at simple lamang. Iyon bang common law, hindi iyong maraming interpretasyon, kaya maraming abgado ang nilalaro ang batas..Simplicity is the mark of the right theory..

  16. Wala namang duping na nangyari sa botohan nang SC justices, inilabas naman nila ang resulta for everyone to see at maliwanag na panalo si Grace at talo si tatad at Carpio. Problem and fact of the matter is Carpio ay may sama nang loob kay sereno dahil na-bypass siya ni pinoy at nagtatago siya sa likod nang constituston (kuno) para banatan si Sereno. Kitang kita naman eh. kaya kay tatad (another loser) at Carpio its time for both of you to lick your wounded ego huwag na kayong manggulo.

    • Read the article carefully “the real vote of seven in favor, five against, and three without an opinion on the issue of citizenship. On the issue of residency, the vote was seven in favor, six against, and two without an opinion. It was only on the issue of grave abuse of discretion that nine voted against the Commission on Election..”

  17. I think Justice Sereno did not read this prior to her pronouncement about 9-6 votes! The decision publication gives poor credibility to Sereno that there was a majority vote on the matter as it boils down to interpreting the majority voting of the 15 justices. Just the same, sereno may be applying the bias probability that it was a 9-6 votes instead in actuality only 7 voted which is not a majority. Therefore, the conclusion is should be in favor of disqualification!!!!

  18. nadagdagan na pala yung constitutional requirements para sa presidente, natural born citizen,able to read/write,at least 45 years old, 10 years residency at “reliable political patrons”.. seems like politics had crept allover the face of our justice system, gawin na lang sigurong “Supreme Count” and SC…

  19. Money of SMC changed hands, money is the evil why the CJ was
    so vocal even before the start of the oral arguments. The CJ normally is the last to comment in any deliberation, for the first time she was the first one to comment to condition the minds of other justices short of telling the other justices come to Mama
    Meron ka rito pang retire mo.
    The CJ should immediately be impeach after the election, shame on the Philippines

  20. Supreme Court has 15 Justices including the CJ. Among the 15 Justices, eight (8) Justices are supposed to be the official majority when it comes to en banc decision. Did Justice Carpio is right in saying that there was no majority votes in favor with Sen Grace Poe specially on the issue of residency and citizenship? I think Integrated Bar of the Philippines (IBP) should comment on this and present their official views to the Filipino people. Thank you.

  21. Gents and Ladies including LGBT, there are more important things to do…pray and serve people. Don’t waste your time arguing on something. There are other critical issues in front of us..China’s aggression. I’ll sight an example the three Chinese who recently been involved on money laundering. Go, Tan and Wong…who was the scapegoat.. Deguito. This to me is more serious than what you guys are arguing about.

  22. Danny Cascolan on

    XSaan kumuha ng batas sa foundling at natural born citizenship sina sereno, leonen, hilbay,perez, peralta, caguioa etal?? Di ba sa wala sa Constitution natin? Di ba nilabag pa nila ang Constitution natin???!!!

    Where in international law says that a foundling should be imposed classified as a natural born citizen? Ang sinasabi bigyan ng citizenship accordingly dependingly on the particular laws of the particular laws and particular nation, so ang susundin according to international law is how our constitution defined citizenship, because citizenship varies by law of particular nations, malinaw un, so bakit the deception of public na sinasabi ng international law na natural born citizen dapat ang foundling di ba wala at nagsisinungaling nanloloko ng ating Bansa, Konstitusyun at mamamayan ang maraming abugado na pinipilit ilusot si Poe who is a historical naturalized american citizen?

    Lol there is nothing holy on this what craps that a group of aquino and arroyo appointed magistrates in a court of people’s institution that should have guarded the nation should be followed when they decide to overthrow and jeopardize our people, our nation and our Constitution??

    #PoeOrals
    The Solicitor General employing the Prosecutor Fallacy in Poe?

    To be born as natural born citizen by presumption only would be like being born from fictional circumstances. Good for the movies.

    A lying Chief Justice appointee of Aquino and Leonen is a Security Disaster in the Philippines. Both Sereno and Leonen know they have to implement the Law not to circumvent the Constitution by half truths, the foundling issue is an issue of pros and cons, but security to the nation is paramount. There is good sense in a must priority of Perfect Citizenship as birthright of highest Leaders for the rule preserves and attempts to guard our nation from being usurped by other nationalities.
    Wt@ happened too to the solicitor general post?? They all in their most sensitive position opted dereliction of duty and obligation to follow and implement our Constitution. We listened to their arguments and we hoped, we examined their ideas for maybe there are facts of genuine noble causes but only found them implanting substances of deception and extreme prejudice wayward fallacious at best to the importance of the thing such as citizenship in question. Clearly these people exhibited bad faith and betrayals in their words, ideas and actions. I believe these people will continue their works in other forms against the nation. I believe that the Government and our Nation will be better if cleansed of people the likes of them. Simply emancipating principle that we must have people in those critical posts that genuinely defend the interest of our Nation and avoid appointments of people who undermines our National Security.
    Povs only
    – Danny Cascolan
    —-
    Pumasok na ang era sa pilipinas na wala nang tamang batas na susundin, really dangerous mabebenta lahat.

    Era uli ng kolonyal times, un maliit kawawa, un malaki at alyado sa malaki rules. But this time magevolve sa permanency of neoliberalist ownership ang bansa at walang lakas at titular na lang sovereignty ang citizenship ng masang pilipino.

    at ngaun krisis sa SC en banc, sure math 7 is not majority vote of 15.

    for a simple analogy, even if it is a natural born japanese citizen but became a chinese naturalized citizen in historical of citizenship, the japanese would never allow that naturalized chinese to become their prime minister, same to U.S.A., Russia, Vietnam etc.

  23. Why doesn’t the CJ come out and explain why this is so, I think she should, I really think she should just to spread doubts that the SC has been bought or something. Just my opinion. Thanks

  24. magaling gumawa ng scheme si serena. ma dri=dribol ang kaso hangang matapos ang eleksyon at pag nanalo si llamanzares, hindi na aaksyon ang sc at and magiging desisyon ay vox populi, vox dei. pinagulo ang madali. ano ang kahihinatnan ng bansa??? another 6 years of uncertainty??? coups, whether armed or political??? sanamagan. serena is really something.

  25. Amnata Pundit on

    What difference will it make if Grace is the American candidate when in fact this yellow regime is already infested with pinoys who consider America first over and above everything. She will not be the first “America firster” to ever occupy the Palace. Since there is apparently no stopping the Smartmatic cheating machine, and since every thinking being knows that Smartmatic will only choose from Grace, Binay and Roxas, e di kay Grace na lang ako. If the Danding and Erap forces are behind her, she must be the lesser evil compared to the most crooked mayor Makati ever had and the most inept whiz kid to ever come out of Wharton. Kung walang daya-an kay Duterte ako, pero kung hindi mapipigil ang Smartmatic, Grace na lang.

    • I agree on some of your opinion but to suggest that Smartmatic is a cheating machine will get you in trouble and land you in court or worst jail or huge fine. You have to be careful in what you are stating on media like this. They can now track mails and who is the author. We should be stating facts and not just assumptions or hearsay.

    • It is true that the Smartmatic Hocus-PCOS is a cheating machine.

      The evidence is the data gathered during 2010 and 2013 elections using the same machines

      If the votes were calculated, there appear a 60-30-10 pattern.

      Poe, even still not very popular at that time have benefitted well and got the top 1 senatorial slot.

    • Felix Sevidad on

      So what is the motive of smartmatic for ignoring the high Court to issue the voters receipt. We need an explanation for this could you explain it.
      If someone asked you a favor to buy something and said, can you buy that for me and I’ll pay you later, of course you will ask for a receipt as a proof.

    • But we would be able to invoke the Llamanzares clause – it was just an honest mistake based on a clerical error :).

    • Amnata Pundit on

      With their stiff resistance to the voters’ receipts and the deliberate lack of digital signatures combined with the 60-30-10 results of 2013? Anybody who believes that Smartmatic is an honest counting machine ought to have his head examined.

    • Hello Miramar ” did not come out of Wharton” BSc. in Economics at UPenn siya with some units to prepare for Wharton Graduate School entrance.
      Nagbubuhat lang siya ng sariling bangko

  26. Melchor Vergara on

    keep on with your battle to uphold what the Constitution says to prevent a traitor from seeking, and possibly winning the presidency… eventually let us make these erring justices accountable for violating our fundamental laws…

  27. Sereno, however, blasted Carpio’s argument by going by the book.
    Citing Rule 12, Section 1 of the Internal Rules of the SC, Sereno said all decisions and actions in court en banc cases “shall be made up upon the concurrence of the majority of the Members of the Court who actually took part in the deliberation on the issues or issues involved and voted on them.”
    Applying this rule, the chief justice concluded that a “clear majority of seven” voted in Poe’s favor on the citizenship issue since only 12 justices took part in making the decision.
    As to residency, seven out of 13 justices voted that Poe complied with the 10-year residency requirement, according to Sereno.
    “These votes, as explained in the extended opinions submitted by the members of the majority, must be respected. Granting therefore that we need to address the question of substantive qualifications of petitioner (Poe), she clearly possesses the qualifications for presidency on the matter of residency and citizenship,” she said.
    Without mentioning Carpio, Sereno said the senior magistrate’s statements try to cast “uncertainty on an already tense situation.”
    “The dissent gives excessive weight to the fact that there are five justices in the minority who believe that petitioner does not have the qualifications for presidency, while ignoring the reality that there at least seven justices who believe that petitioner possesses these qualifications,” she said.
    – See more at: http://www.gmanetwork.com/news/story/558753/news/nation/sereno-carpio-cross-swords-on-poe-dq-voting-results#sthash.K34l1SjH.dpuf

    • True… That’s the beauty of democracy Tadtad & his minions here should respect. Leave the Philippines and go to reside in China if you don’t respect the democratic process and a “civilised society” (that has a big heart to the marginalised and their human rights)….

    • you are equating a ‘no opinion’ as an abstention. this is wrong. they are not the same. a ‘no opinion’ means that the magistrate was not convinced by the petitioner. and since the sc case was petitioned by grace poe, a no opinion is a vote against petitioner.

  28. taga palm springs on

    Truly Super duper, Sereno! Is that the real face of the CJ of the Philippine Supreme Court! Now the real scores are being divulged. “Fool me once, shame on me, Fool me twice, Shame on you! What’s next?

  29. I am surprised that you didn’t see that coming. I mean that that pronouncement is a trial balloon to see if the people will go up in arms as some columnists are advocating. :-)

    No sarcasm or side-taking intended. I’m too old and have already given up on our country. If I’m not so dependent on the internet and SM, I’d be out in the boondocks living an idyllic life

  30. genesisbughaw on

    We are what we make of our Constitution. When we respect and obey the Constitution, we respect and honor the sovereign people. When we trifle with or desecrate the Constitution, we betray our nation and we become traitors to our people.

    Manuel “Lolong” Lazaro
    PHILCONSA Chairman
    http://www.philconsa.org/

    Sir,
    ba’t ba ganun parang naging palengke ang atin Kataas Taasan Korte Suprema?

  31. Leodegardo Pruna on

    We should abide to the letter and spirit of the law, what is not in the law is not part of the law. The law is very clear in this particular case. Disgraced GRACE is not qualified under the Constitution to run as president. The law says so and she should abide. God save the Philippines from the evil ones.

    • Fred Siazon Andres on

      The law says so, but the SC says otherwise! What we can do is rely on the voice of the electorate comes election day! “Bumuto ng TAMA!”.

    • The constitution is very clear that foundlings are natural born citizens. What is not clear is people stick to statements issued by non lawyers like Kit Tatad that has nothing to do but destroy Grace. Follow what the Supreme Courts decision and if you do not like Grace, so very simple, do not vote for her. We are a democratic nation.

  32. Lilia R Papa on

    I have faithfully followed arguments against Poe’s qualifications. Why in the world did the 9 justices allow themselves to become instruments of this confusion ? What power what force ?

  33. ang asawa at anak nya hindi filipino. sya naman minsan ng tinalikuran ang pagiging isang filipino. at hindi magamit ang apelyedo ng asawa nya dahil natatakot sya na hindi sya iboboto ng tao kung ang apelyedo ng asawa nya ang kanyang gagamitin. nagtatago sya sa popularidad ng apelyedo ng kinagisnan nyang ama. yan ang totoo. walang naka kilala sa kanya. ang kilala ng tao ay si ginoong poe. hindi sya. oo na, mabait sya, matulungin at may puso daw sa mahirap, pero minsan nya ng tinalikuran ang bayang pinas imbes tulungan ang mahihirap na malapit daw sa puso nya. dati nya na ba ginagawa ang pag tulong sa mahihirap????kailan kaya yon??? esep esep bayang pinas. pagnanalo sya pagka pangulo, anong magiging tawag sa kanya??? president poe ba o president llmanzares????ang gulo!!!!

    • Fair N Square on

      Ilan na kayang mahihirap ang natulungan niya. Pati record sa Senado hindi naman maganda. Ilang batas ang naipasa niya sa Senado? Huwag tayong madala sa salita. Tingnan natin ang ginawa niya sa 3 taon sa Senado.

  34. Please sir do not include me in your statement that all of us were duped because I am not a member of your clan. I do not believe in your ideas and also I am not stupid like you.

  35. Urcisio N. Samforna on

    My comment is our justice system is the worst and very very dangerous and very corrupt people in the justices, just imagine even i am not a lawyer although i have some units in law but to understand it simple, the constitutional provision on says natural born citizen, second at least 10 years residence, now based on the certificate filed by Grace Poe Llamanzares on take oath, that she is a founding and even she, will not reached 10 yrs residency up to the date of election day, what understanding of the justices is that, they are lawyers why?, were they became dumb because of money, think it over my dear all kababayan k, regards to all and god bless you all

  36. elizardo g narag on

    The decision of CJ sereno(a) is a blatant mockery of what the SC is supposed to safeguard and uphold at all cost. Makes me believe that she and her lowly cohorts opted to snap the “bait” offered by GSPL & Co., unmindful of the disastrous backlash it can bring about. What a costly blunder!

  37. This current administration of NOYTARD have totally tinkered the the 3 branches of government and have used the last bastion of the interpreter of our law which is the supreme court to follow on its whims and fool the Filipino people on the pretext as they are the protector of Democracy which started from her late mother late Corazon C. Aquino.
    It is just a matter of time that this culprit and the current tenant of Malacanang together with his conspirator who raided the coffer of our government will be put to justice including those people who wore black clothes pretending to uphold the rule of law.

  38. Well said Mr. Fransco Tatad. You’ve vividly explained that the Consitution has been set aside and misunderstood by those who swore to uphold it. Very bad precedence. They followed their whims and not the constitutional law. They will protect their pride come what may…We need intervention from above in whatever form…

    • Fair N Square on

      They have done it on EDCA, Enrile and now on Poe. When Sereno and company decides, they seem not to take into account the Constitution they are supposed to uphold. They are activities justices who makes the law and ignores the Constitution.

      Sereno sais she fought for foundlings, which the Constitution clearly says are not natural born, but did not fight for the other presidential candidates the Comelec considered “nuisance candidates.” Where is the “equal protection fo the law?’
      She said the Comelec has no authority to decide on Poe’s candidacy, yet it hastily agreed with the Comelec in disqualifying the many “nuisance” candidates. Why is Poe treated differently?

  39. My humble view is that despite the belief of many that we are a “democratic” country (rule of, by, and for the people), we are not because the people refuse to rule. They want to elect their leaders and then leave them be, for better or for worse. Many don’t even want to talk about what’s happening in the country in the realm of politics. This emboldens the unconscionable men and women leading us to do whatever they want to do, damn the constitution. I no longer know what to do. If there were a massive rally somewhere for the people to make their voices heard on this and many other matters that have made a travesty of our “democracy” (that is not led by the leftist activists who may have ulterior motives for rallying), I’d surely join. If that doesn’t happen, then maybe the Filipino people deserve what they’re getting.

  40. Lets accept the decision of SC after all majority wins minority loses in a democracy. This is only the beginning of the quest for presidency. The real battle comes election time. What if GP wins the presidency will you still not accept it? And still protest. Lets accept defeat and move on. It is less stress and problem on your part. Lets unite for the sake of our country.

    • Fair N Square on

      If some can not accept PNoy, the same will happen with Grace. She may win by plurality but majority of the people are not in favor of her and prefers other candidate to be their president.

  41. This country has gone to the dogs! Rizal must be turning in his grave. On second thought, he knew this was going to happen. Didn’t he say that “…the slaves of today will be the tyrants of tomorrow”? God save the Philippines!

  42. Adoptive father on

    Having an adopted son, it breaks my heart that no less than a former Senator would discriminate against him…I’ll just tell him “don’t aim too high son” you’re looked upon as a second class citizen

  43. All the arguments I have heard thus far in favor of Grace Poe Llamanzares coming from as authoritative sources as the pro SC justices and so called legal experts to as unlearned sources as some vociferous star-struck ordinary voters, the common thread and line of reasoning are all in avoidance of the clear Constitutional provisions and stipulations on the strict qualifications for any candidate seeking the presidency.

    Like Grace herself, many of those advocating that she could run are good speakers and very articulate.

    But words are cheap and words have no meaning unless they have clear basis in fact and in law.

    The worst argument I read lately comes from some alumni of my beloved university, that was known in the past as institution for poor but deserving city scholars which contended that Grace, having a cleaner record ( not surprising for one who has less than five years of government service ) is the most desirable alternative.

    That does not just totally evade the whole constitutional question but reflects a very fallacious conclusion that only the star-struck movie fans who cannot differentiate the reel from the real ( which is precisely what Grace camp through her campaign ads have been promoting ) can come up with.

  44. The question remains: what can be done from hereon in the face of this blatant bastardization of the Constitution by no less than the justices in the supreme court?

  45. naomi robinson on

    How does one, an ordinary retired citizen concur with your opinion Mr. Tatad, other than writing a comment? I do not have the skill of a writer nor have an access to a newspaper column. But if there is an organized demonstration against this decision, please let me know. I will take along my only grandson, whose future is being bastardized by this unfortunate whim and fancy of our presnt day “leaders.

  46. Halata namang sira-ulo din si Sereno gaya ng naglagay sa kanya na si NOYTARD.Anu aasahan mo sa dalawang bugok.

  47. Soledad V. Navarro on

    Totoo po kaya na nabayaran ang mga judges na umayon kay Poe? Ganun na karumi ang bayan natin?

  48. It is obvious that the hands of BSAquino has influenced the 7 SC Justices.
    They are bullying now the Constitution .
    I suppose their next stop is to keep BSAquino out of Jail and being accountable for DAP/BBL/44 Massacre/MRT/ committed by him and his accomplishers.
    using Grace Llamanzares as their vehicle.

    The patriots of this country must do their duty to protect the Constitution!
    and Not vote for grace poe llamanzares . She is a disgrace to society!

  49. I agree with your logic. I think I believe you. Good article. We should have more knowledgeable Filipinos to standup for what is right for our country. Speak up.

  50. Stephen Marko on

    Unacceptable! The constitution is ABOVE the supreme court! Clearly they dont know how to count in the sc! Mockery of the election process is not even enough! This is plain judicial legislation ! This is constitutiobal desecration! This is the DEATH of our beloved cobstitution!

  51. silvino sarga on

    So our ‘incoming’ president is an ex-american whose state-side husband and children will embrace Indio citizenship once she won the election and scrap it once the term is over. We have become very gullible- we equate Ms Grace Poe to Panday mythology created by Carlo J. Caparas.

  52. Gerardo Fernandez on

    Whatever motive or whatever is in the mind of Grace Poe when she made her false statements in her COC is beyond the competence of the Supreme Court to speculate on as an honest mistake. This is basic in the rules of evidence as only Grace Marcos knows that. The Supreme Court simply should have ruled on the facts – that the the sworn COC statements are false and erroneous and thus criminally punishable.

  53. Halatang halata na gusto nilang linlangin ang mamamayang Filipinos. They are playing tricks on us. Obviously, they want to deceive the Filipino people. Wala tayong kamalaymalay ay nilulutong makaw na pala ang kapalaran, kapakanan at kinabukasan ng ating bansa. Pinaglalaruan at walang pakundangang nilalabag ang ating mga batas at nilalapastangan ang ating Saligang Batas. Wala na ba silang respeto sa ating bansa at mamamayang Filipinos?

    Putragis. Pati ba naman sa Supreme Court ay may dagdag bawas sa bilangan ng votes? Ano ba ito? Palusotan at dayaan? How can the justices of the Supreme Court led by Chief Justice Sereno do such a thing with impunity? They should be penalized to the full extent of the law for culpably violating the Constitution, betraying public trust, and committing grave abuse of discretion. Are they trying to insult the intelligence of the Filipino people? Anyare? Bakit nangyayari ang mga ganito sa ating bansa at mamamayang Filipinos?

    “PATRIOTISM MEANS TO STAND BY THE COUNTRY. IT DOES NOT MEAN TO STAND BY THE PRESIDENT.” – THEODORE ROOSEVELT

    Mananahimik na lang ba tayo kabayan at palalampasin na lang ba natin ang lahat kahit na hindi tama ang kanilang ginagawa sa atin?

    THE WORLD SUFFERS A LOT. NOT BECAUSE OF THE WRONGDOINGS OF BAD PEOPLE BUT BECAUSE OF THE SILENCE OF GOOD PEOPLE. ALL THAT IS NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING.

    Calling all our honest and trustworthy leaders and elders, justices, law enforcers and protectors of our Constitution. Are you still out there to serve and protect our country and its people? Calling all our kababayan. Please HELP!!!! SOS!!!!

    • sino ba dapat? yung umiEPAL,, yung malapit ng mamatay?, yung Magnanakaw, si ROXAS o Yung Ginagawa ang lahat maipagpatuloy lang ang Legacy ng nakagisnang Ama?

  54. Mariano Patalinjug on

    Yonkers, New York
    13 March 2016

    These shocking revelations by Senior Associate Supreme Court Justice ANTONIO CARPIO,[as recounted here by former Senator Francisco S. Tatad] to the effect that only SEVEN [7] Justices ruled to allow Grace Poe Llamanzares to be a candidate for President, and not EIGHT [8] for a Majority decision of the Supreme Court to have any legal effect, opens those 7 Justices to a possible charge of Impeachment .

    This extraordinary decision of 7 Justices has been made to appear that it is the Decision of the Supreme Court–when the truth is that for failure of 8 justices to constitute a Majority, the decision has absolutely no legal effect.

    Former Senator Francisco S. Tatad is correct. The Supreme Court could possibly still recover from what appears to be a fatal mistake by ordering a rehearing of the Grace Poe Llamanzares DISQUALIFICATION case, and after such a proper rehearing ,to enter into a proper re-voting.

    Nevertheless, “the foul deed has been done!” The reputation of this Supreme Court is now in tatters. Shame! Shame! Shame!

    MARIANO PATALINJUG
    patalinjugmar@gmail.com

  55. Born Filipino and NATURAL Born Filipino emotes different feelings. Born Filipino can be anyone born in Jaro. “Natural Born Filipino” is 100% Natural Not 99.999999% only because Natural to be describe as Natural must be 100% natural in the eyes of creatures with mind to figure out that something is missing. Why did the Constitution added NATURAL instead to just plain Born Filipino? Because Natural is the way to define matters on earth as100% acceptable truth with out any 0.0000001% doubt. Furthermore, NATURAL (100%) was added to do away with listing thousands of unforeseen creatures that may claim Filipino citizenship, Example foundling among other creature that may arise out of bamboos, ant hills, unidentified flying objects, USA crafted robot, etc..etc… in the future. The list of probabilities is infinite. The world “NATURAL” (100%) puts limit to infinite probabilities.
    Now then, Comelec is task to implement orderly election. If there is disorderly candidate (presumed citizen with doubt). It must be rejected as nuisance candidate for the sake of acceptable orderly election. There are millions upon millions of Filipinos qualified to run as president. What is the problem is one is declared “nuisance” candidate because of its doubtful NATURAL citizenship. The verdict that PRESUMED citizen Poe is qualified to run is mockery of orderly election.

  56. meeneymineymo on

    “That is the standard lawyer’s remark: the Supreme Court is always right, even when it is wrong.”

    Is this written in the Philippine Consititution? If yes, I would keep silent but if NOT then we should raise hell! WE can not just accept that all the SC Justices are always right. They themselves have acknowledged that they sometimes are wrong. One example is when the “withdrew” the decision in favor of the dismissed PAL employees due to an error in SC division assignments. They also flip flopped on several occasions on their decisions like that cityhood case. Flip flopping is a clear evidence they made a mistake.

  57. Mr. Dakdak,

    You are only sour-graping. Accept your defeat in humility. Kaya laging palpak ang mga actions mo, puro speculations lang ang basehan at hindi ka credible authority ng nakakaraming mga Pilipino. Alam nila ang totoo at ang nagpapanggap lamang na patriot o nationalist daw. Kaya tigilan mo na yan, Gumawa ka naman ng totoo na pakikinabangan ng ating mga kababayan, unless ang hanap-buhay mo ( binabayaran ka) ay manira ng reputasyon ng isang tao na wala namang ginagawang masama sa iyo.

  58. Money talks. We can argue till hell freezes but the SC made a decision that will open the floodgates to future disputes on residency and citizenship of foundlings running for public office to be useless.

  59. That’s your opinion Mr. Tatad and your opiniated column deserves some reading especially to the SC justices who allowed Poe to run as President.This is a free country but please do not pontificate to voters who do not share your view. Just because many of them do not believe your rhetoric, you cast the nation from insanity,treason and chaos. Now that the official decision of SC was given, you can file your TRO for all we care.

  60. I think the justices are testing the water and see what will be the reaction of the people?

    They know na ang desisyon nila is against the constitution. Kung magbubunga ng karahasan ung desisyon na ipasa si Grace Poe, they can just simply take back their ruling and say “Oh there are still 2 of us na hindi pa nakakaboto.” Dapat ito ung ipinagpi-People’s Power natin eh…

  61. 1) You are misleading. Nobody among the Supreme Court justices, not even the spokesman, Mr. Te ever said a 9-6 on citizenship and residency. Blame it on the media who rushed to press with the 9-6 verdict.
    2) The Supreme Court rule on its binding decisions never said a majority of all sitting Justices, but a majority of those participating in the en banc deliberations and voting. Three justices: Caguioa, Peralta and Del Castillo did not vote on the citizenship. Based on the rule, a majority of the remaining justices who participated and voted was legally sufficient to constitute the majority decision of the Court. Out of the 12, 7 voted in favor of Poe’s citizenship and residency. Justices Carpio and De Castro, and on their side, Atty. Luna all distorted the rule and misrepresented a numerical majority of the Court to be the deciding majority.
    3. Your revoting proposal is quixotic. A revote will result in the same count. Out of 12, 7 will be for and 5 against Poe. Three Justices are firm that they cannot participate and vote. You cannot force, much less expect Justices Caguioa and Peralta to vote on the citizenship and residency issues since the limited jurisdiction of the Court was only to decide whether the Comelec gravely abused its discretion. Justice Del Castillo cannot be forced or expected to vote on the citizenship question. So, you’re wasting your time, reasoning and bashing your head with wishful thinking.
    4. A reading of the scholarly concurring opinions in favor of Sen. Poe will refute overwhelmingly Justice Carpio’s dissent. Only those who do not mind reading them will be sold to Carpio’s narrowminded dissent.

    • Danny Cascolan on

      Please cite the exact rule wherevyou said majority of those who did vote is what matters and not as Carpio says citing detail that it should be majority of 15 magistrates en banc. Else you would be like sereno, hilbay who commits opinion as law than the real rules of law.

  62. The Court needs to declare that the previous round of voting has failed, and must sit down all over again, deliberate anew, without the external pressure of partisan politics or money
    ——————————

    A little late for that isn’t it ? The Supreme court has already proven that they have been corrupted and not fit to rule anymore on anything.