• What kind of senators do we have, who disrespect the Constitution?

    81

    What kind of a country have we become now that our senators ignore the Constitution, that document which binds us as a nation?

    The disqualification case against Sen. Grace Poe-Llamanzares that was brought before them as members of the Senate Electoral Tribunal (SET) involved the definition of ‘natural-born Filipino’ according to the Philippine Constitution – a very basic principle, as it determines who constitute the Republic and who can rule it.

    The three Supreme Court justices who also sit as SET members – Antonio Carpio, Arturo Brion and Teresita Leonardo-De Castro – wrote very detailed opinions that left no stone unturned, and provided no iota of doubt that Llamanzares is not a natural-born citizen, according to the Constitution. She, therefore, can’t be a senator.

    Five of the senators in the SET – Vicente Sotto, Loren Legarda, Bam Aquino, Cynthia Villar and Pia Cayetano – simply closed their eyes to the issue and voted in Llamanzares’ favor. Senator Nancy Binay bowed to the legal wisdom of the justices on what is entirely a constitutional question of the justices on what is entirely a constitutional question.

    As a foundling, Llamanzares had to undertake a legal process to become a naturalized citizen–one who has all the rights and duties of a natural-born citizen, the justices explained. However, whether we like it or not, the Constitution categorically specifies that only natural-born and not naturalized citizens can be a senator (or a congressman, vice president, or president).

    Llamanzares practically lied through her teeth when she claimed that based on customary international law and treaties, she a natural–born Filipino. It turns out that traditional international law merely exhorts nations to allow foundlings to gain citizenship in the country where he or she was found. However, it cannot order sovereign nations to confer on them the status of being natural-born. In the first place, the Philippines has not even ratified the treaties she cited, and even if the country did, these cannot be superior to our own Constitution.

    The Supreme Court justices, in fact, wrote lengthy rebuttals that none of the five international agreements Llamanzares invoked could make her a natural-born citizen. Yet astonishingly, four senators still invoked international agreements to justify their votes, apparently believing every argument Llamanzares presented.

    Senator Villar’s dismissive one-paged opinion on the Llamanzares case

    Senator Villar’s dismissive one-paged opinion on the Llamanzares case

    The three Court justices wrote dissenting opinions of 10,000 to 26,000 words each, or more than ten times the length of this column.

    In contrast, the explanation on the votes of the four senators each took just about 500 words, or just half the length of this column. The four wouldn’t even ask their stable of lawyers whom we, taxpayers, pay for, to write at length to justify their support of Llamanzares.

    Senator Pia Cayetano didn’t even bother to explain her vote.

    One- page opinions
    I don’t know how much more they could insult the Constitution when they wrote such half-page opinions that simply ignored its provisions, which I suspect could have just been written by their junior staff.

    The writers of Aquino and Sotto may have even consulted each other, as the opinions of the two senators very idiotically appealed to former President Ramon Magsaysay’s adage, “those who have less in life should have more in law.” That is an emotional pitch that really goes against the very essence of the rule of law – which is, that it is served equally to all.

    Don’t they realize how important it is for the senators of the Republic to express complete and total respect for the Constitution?

    The five senators’ vote is another indication that our Senate, which, once upon a time lived up to its name’s etymology (senatus) as a body of wise “old” sages, , has accepted its depraved and damaged status.

    That’s what it had become after President Aquino successfully bribed 20 of them with hundreds of millions of pesos in pork barrel and DAP money to remove Chief Justice Renato Corona from office in 2012 for a charge that wasn’t in the eight counts of impeachment, and for a violation of a law that merely required him to amend his statement of assets, liabilities and net worth.

    After all, the three senators who disregarded the Constitution and voted in favor of Llamanzares on the issue of her citizenship are the same senators who also disrespected the Supreme Court in 2012 when they voted to take Corona out: Cayetano, Legarda and Sotto. So nothing’s new with them. The two others who blocked Llamanzares’ disqualification as senator were: Cynthia Villar, the wife of that Villar who was viciously vilified by Aquino in the 2010 elections, yet still voted against Corona in 2012; and “Bam,” nephew of the President who assaulted the Supreme Court.

    I found it shocking that a senator of the Republic, Legarda, reduced the significance of the Constitutional issue that was being debated on into something as follows: “Lawyers can argue ad infinitum on the legalisms. But legalism – however exalted – can always be contradicted by other legalisms.” That kind of statement reveals her utter ignorance of the meaning of the rule of law, developed over centuries by various civilizations.

    She should have listened to Senator Miriam Defensor-Santiago, who lectured her colleagues during the impeachment case to say: “The rule of law is a body of legal principles which ignorant people think as legalisms. “

    Vox populi?
    It is also astonishing for the senators to dismiss the case as moot since Llamanzares, as Villar put it, “has been overwhelmingly elected to her position.” Thinking herself profound, Legarda again ignorantly wrote: “Verily in our democracy, the ultimate maxim is Vox Populi Vox Dei.”

    While often quoted by demagogues, that phrase has its meaning better explained by its origins. It originated from an 8th century scholar, Alcuin, in his letter advising Charlemagne, the first Holy Roman Emperor: “Those people should not be listened to, who keep saying the voice of the people is the voice of God, since the riotousness of the crowd is always very close to madness.”

    In the case of Llamanzares, indeed the issue is whether we comply with the Constitution, or simply accede to her electoral victory as senator, which after all, was undertaken through subterfuge, since the issue of her being unqualified for the Senate was not raised at that time.

    There is no iota of a doubt, if you read the justices’ opinions (posted on the SET website), that she will be disqualified as a presidential candidate for not being a natural-born citizen when the case is brought to the Supreme Court. It would even be one of the few unanimous decisions of the Court: Carpio on the one hand, and Brion and Leonardo de Castro on the other, very often are on different sides in terms of Court decisions. In Llamanzares’ case, there isn’t any point they disagree upon.

    It’s really game over for Llamanzares in terms of her presidential ambitions. Too bad for her financially, as campaign contributors realize at this early stage that because of the three justices’ opinions on the SET case, the Court will disqualify her candidacy for the presidency.

    What’s bad, though, is that the Constitution has again been debased by senators in a crucial case.

    The Supreme Court justices share part of the blame why senators ignore their views and the Constitution. In 2011 and 2012, the Court ruled that Philippine Long Distance Telephone Co. violated the Constitution’s limits on foreign ownership, as the Indonesian tycoon Anthoni Salim, together with the Japanese NTT group, controlled 49 percent of its capital.

    Yet, through what Legarda might call “legalisms,” PLDT, and even Globe Telecom, which is owned 47 percent by Singapore Telecom, have practically ignored the Court’s decisions and the Constitution’s clear provisions. A stockholder, Jose Roy 3rd, filed a petition in 2013 calling the Court’s attention to the fact that its decision has been ignored. Nearly two years later, the Court still remained utterly silent on the petition. Have Carpio, who wrote the strongly worded decisions against PLDT, and the Supreme Court, become afraid of an Indonesian billionaire?

    We are a country whose Constitution isn’t respected, whose Supreme Court justices are ignored. How can we claim we observe the rule of law? What can we expect this country to become?
     
    tiglao.manilatimes@gmail.com

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    81 Comments

    1. Maybe because, per her biography Pia Cayetano was born in Michigan thereby making her an American by virtue of jus soli and jus sanguine. There no record of her renouncing her American citizenship, unlike her brother Peter Alan Cayteno who renounced his American citizenship before he took his board exams. He is listed in the List of Americans who renounced their American citizenship. So is Grace Poe.

      • As I predicted Sen. Grace Poe will hurdle only the citizenship disqualification case before the SET, this first round victory and she still has to fight it out before the COMELEC and SC.
        Now, I am not a lawyer nor an expert in the law but I have to
        argue in favor of Sen. Grace Poe:
        1. Grace Poe mother or father is unknown and was found in the altar of
        Jaro Church in Iloilo just about being a new born baby in 1968,
        hence a foundling as stateless.
        2. The 1935 Constitution states that Filipino citizens acquired in two
        (2) circumstances by virtue of having mother or father a Filipino
        citizen and acquired his mother or father citizenship, hence a
        natural born Filipino and the other by naturalization.
        3. That Grace Poe having born sometime in 1968 is covered by
        prevailing applicable laws before the 1973 Constitution.
        4. The delegates for constitutional convention of 1934 for the
        ratification for 1935 constitution debated on the foundling
        citizenship. The then delegate Manuel Roxas when asked stated
        that foundling is natural born Filipino and was asked further do we
        have to write in the constitution foundling are natural born Filipino
        and he answered categorically no need.
        Therefore, by all intents and purposes Grace Poe is a natural born
        Filipino.
        5. The present Senators of the land, used the latin word SUI
        GENERIS during the impeachment of then Chief Justice Renato
        Corona to depend that legal authority. SUI GENERIS this legal
        dictum can be used by Grace Poe to depend her natural born
        citizenship.
        6. It therefore concluded that Grace Poe is a natural born citizen as
        expounded by then delegate Manuel Roxas and should be
        considered it by birth right (jus soli) being SUI GENERIS.
        SUI GENERIS – definition:
        a. Latin for of its own kind, and used to describe a form of legal
        protection that exists outside typical legal protections — that is,
        something that is unique or different. In intellectual property law, for
        example, ship hull designs have achieved a unique category of
        protection and are “sui generis” within copyright law.
        b. noun in its own category, in its own group, of its own character, of
        its own class, of its own classification, of its own denomination, of its
        own designation, of its own genre, of its own kind, of its own nature,
        of its own type, of its own variety, peculiar, special, the only one of
        its kind, unique
        c. Sui generis is a Latin term which means of its own kind/genus. It is
        something that is unique in its characteristics. The expression is
        often used in analytic philosophy to indicate an idea, an entity, or
        a reality which cannot be included in a wider concept.
        d. Law, when a special and unique interpretation of a case or
        authority is found to be necessary.

    2. ramon tolentino on

      There is even no need to file for disqualification in the first place because the law is very specific from the start that Poe is automatically disqualified and should not have been inducted. Common sense, people.

      • Bueno P. Taclibon on

        In the first place, she should have been disqualified as a senator because of her being a former US citizen. The problem, however is,
        there is no strict implementation of the law. Grace Poe should be ashamed of herself because her husband and children are all US citizens!

    3. The question is: Why is it that when we talk about law, there should be voting? What should be the law is law. What is not related to the constitution is unconstitutional. Why vote for it?

    4. The right thing to do to obliterate our fears that come 2016 somebody not qualified by virtue of our constitution will occupy the thrones of malacanang is to field a single candidate wholeheartedly endorsed unanimously and chosen among themselves by MAR, BNAY, DUTERTE & MIRRIAM. We are in the most perilous stage of our country awaiting to be trampled by a foreigner as defined by our constitution but not by the few senators. We are wanting unity against cloaked foreign occupation now this is the time MBDM to show the highest level of patriotism, push aside personal gains in favor of the greater wisdom of love for mother country. No Pres GP in 2016…this is the only sure way.

    5. You say she isnt a natural born filipino. I ask you what country was she born in. If you cant answer that question i will tell you. She was born in the philippines. How do we know, well that is also very easy to determine. When found she had just been born & still had her umbilical cord still attached. I know as usual you will use smoke & mirrors to say we dont know who her parents were so she cant be a natural born filipino. Grow up, she was born in the philippines to filipino parents, full stop. Is the glass half full or half empty, it makes no difference its the same, it makes no difference that we dont know who her parents are she was born in the PHilippines, i know you dont like it but get over it. Im sure there are many more important things to worry about. Well to you maybe not.

    6. Are they a law to reprimand these 5 senatong for not upholding and preserving the constitution? Especially PIa she is a lawyer, in other field like engineering when you did not comply with the required standards in implementing the projects they can charge/reprimand you. Either they will revoke your license for not complying the required standards. When they assume their position as senatong they take a oath that they will uphold and defend the constitution, what kind of senatong with have? All these senatong have no moral in performing their duties. I urge all the Pilipino people to take necessary for these 5 senatong.

    7. ano pa ba ang complications of this problem and issue? its really simple and those politicians who argue in her favor are making the country look like stupid. Simple if the constitution says she is not natural born tapos then she is not qualified but what make this worst is why then did the comelec allowed her to run for senator? lastly why did the voters voted for her the fact that she has no experience at all? what a banana republic we are still.

    8. Mariano Patalinjug on

      Yonkers, New York
      25 Nov. 2015

      That majority decision of the Senate Electoral Tribunal throwing out the disqualification case against Senator Grace Poe Llamanzares, is a “political” as distinguished from a “constitutional”decision of its members, with those three minority members, who happen to be Supreme Court justices dissenting.

      That decision stinks! It will go down in the jurisprudential history of the country as a classic in constitutional stupidity.

      MARIANO PATALINJUG
      patalinjugmar@gmail.com

    9. Why do you ask the senators to explain their vote at length when their opinions already clearly explain their humanitarian reason? Should they come up with a long document to explain that?

    10. The citizens of this country believe in the capacity and sincerity of Grace Poe Llamanzares. Allow her to serve the country

    11. All of these happening scenarios now regarding Grace Poe natural born issue is because of Grace Poe herself from the beginning. She was of the thinking of an honest mistake when she filed her candidacy for Senator before! She was aware of her residency dates and natural born requirement will be questionable. How come she still filed her candidacy for Senator, there is somebody who pushed her to do so, that is the people from Aquino administration to be exact because she sided with them during tht time.
      As of today, if Grace Poe accepted the Administration for the Vice President Candidate, no issue will arise. But because of Grace Poe friends, she was pushed and advised by somebody(not from Aquino Admin people) to run for the presidency. The Aquino administration was disappointed to her because she did not sided to them
      Afterwhich,the issue started up to the present ruling from the SET. Prior to that,everybody is denying who initiated the case against Grace Poe. So, its crystal! They knew she will be disqualified! It can not be the people to decide her case because we have a Constitional Law to abide and not the Five Senators of the Republic to decide her case. The people around her before has the last laugh!

    12. We will remember those 5 senators not to VOTE them, who were idiot and stupid not protecting our Philippine constitution. Nuon pa wala nmn ginawa ang mga artistang ito media , personalities , sa ating Congress at Senado. Tumatagal lalong nagging stupid ang ating mga mambabatas. They are not respecting the PHILIPPINE law. Dapat lang siguro na iabolish ang congress at Senate. Look at Japan, kaya sila maunlad , because they are following their constitution not by the power of the people..
      NO MORE CELEBRITIES , MEDIA MEN, PERSONALITIES AT THE GOVERNMENT POSITION. WE WILL CAMPAIGN HARD AGAINST THESE PERSONALITIES WHO DONT KNOW NOTHING, BUT STUPIDITY AND IDIOCY…SAYANG LANG IBINABAYAD SA INYO NG BAYAN…BULLLSHITTTTTTTTTTTTTTTTTTTTTTTTTTTT..

    13. When you have senators who receive money to peach a SC justice on grounds that are not valid, when you are subservient to the head of an equal branch of government .. We have a Senate that neither holds our esteem or respect and whose composition by and large do not represent the welfare of the people…shameful

    14. Mahirap ba maintindihan? She is a filipino citizen, but not a natural born filipino because of unknown parents.
      Huwag bastusin ang constitution.

    15. I don’t think the 5 senators who voted for Poe disrespected the constitution. Tama naman talaga eh. Nationality itself should be attached at birth

    16. It is not the foundling issue that bothers me, it is when she renounce her Pilipino citizenship and took the United State citizenship. When you said that you are not a Pilipino citizen, in my opinion , then you are not a Pilipino from the time you renounce your citizenship.. That is the reason you swear in front of a United State courts that you are not a Pilipino citizen anymore. Miss Poe, I will consider you an opportunist, go to the greener pasture mentality.

    17. I believe the five senators made a balanced decision using their heads and their hearts. Maybe its time to change the law on natural born citizenship.

    18. It’s so obvious when you look at the face of Grace Poe Llamanzares that she is not a foreigner. What other way can we prove this? It’s also the loss of our country if we will marginalize all foundlings.

    19. I respectfully disagree with you Mr. Tiglao. Maybe we should change the Constitution or find a more advanced way in science to find out if they are natural born or not.

    20. Wow! First time to read an article from Mr. Tiglao that sounds objective and without showing bias. Simply based on facts. Please, no more sarcasm. You sound a lot better this way.

    21. Indeed the 5 senators of the SET who voted to dismiss the disqualification of Grace Poe Llamanzares do not deserve to be there in the senate. As SET members they are mandated to sit us judges and not as politicians and so must uphold the rule of law and must adhere to the provisions of the Philippine Constitution. These 5 senators obviously failed miserably to discharge honorably their mandated duties as judges of SET. They all opted to dismiss the petition of Mr. David to unseat Grace Poe Llamanzares from the senate based on political reasons not on solid constitutional law. Voters will remember the disservice of these senators when they run for election.

    22. Sir, the senators followed what is right, they only acknowledged the international law that is part of our constitution. And I agree with what Bam Aquino said, “If we considered foundlings naturalized, the rights and privileges that could have been given to foundlings if they were considered natural born would be gone”. Foundlings do not deserve to be stripped off of rights just because of things that they cannot help about.

    23. Grace Poe claims to champion the cause of foundlings. Yet her stint in the Senate belies that as she has not done anything towards that end. If there is anyone in the Senate who can claim that distinction, it is Lito Lapid of all people, who happened to file a bill for foundlings.

    24. Vic Penetrante on

      Not only the head speaks, the heart speaks, too.
      Unlike the Ten Commandments, time changes the Constitution of men.

    25. Bert O. Romero on

      1. Foundling is not one of those enumerated in the constitution as natural born citizens of the Philippines. It’s basic in law that what is not included in the enumeration is excluded.

      2. Poe is merely playing with all of us. In the end, when the free publicity that is being generated by this question of a foundling has run its course and the Supreme Court is about to decide that indeed Poe is not a natural born Filipino, then Poe will come out with DNA testing using Rosemary Sonora as the subject of the DNA test. That will settle once and for all the naturaral born Filipinoness of Poe.

      3. Poe’s march to Malacanang seems inevitable.

    26. Danny Cascolan on

      XJust remember too, that vox populi wouldnt be Suprema Lex at all in principle if there was disinformation, lies, deceptions fed to the people.

      A Voice of Lies is not the Voice of God.

    27. SET is composed of 3 SC justices and 6 senators. so its decision would be more on the political side. do you know WHY???!!!!!!!!!!!!

    28. ME, no lawyer, only a street dork with little bit patriotism for my nation’s security. Grace is Filipino citizen alright but not citizen enough to be qualified as powerful lawmaker in Congress or VP and much more president. Grace is a foundling and no one knows where she come from. Maybe from belly of Carabao, from outer space, anak ng nuno sa punso, anak ng chekwang TNT, anak ng Poetang’na and million more possibilities. No one can ever know, even Grace doesn’t know. Is it right to allow one with questionable origin to rule over an entire nation? Absolutely NO! That is why the constitution specified. Only “Natural Born Filipino” can qualify to rule over Filipinos (for security and peace of mind of the citizens). A foundling can not guarantee security and peace of mind for Filipinos because a foundling is doubtful Filipino citizen. Grace can be anak ng Tikbalang !!! WhaDaPak SOTTO, Aquino, Villar, Legarda and Pia mga bobo at hinayupak na senador. Anak sila ng Poe’tang’na…… I’ll say it again

    29. ME, no lawyer, only a street dork with little bit patriotism for my nation’s security. Grace is Filipino citizen alright but not citizen enough to be qualified as powerful lawmaker in Congress or VP and much more president. Grace is a foundling and no one knows where she come from. Maybe from belly of Carabao, from outer space, anak ng nuno sa punso, anak ng chekwang TNT, anak ng Poetang’na and million more possibilities. No one can ever know, even Grace doesn’t know. Is it right to allow one with questionable origin to rule over an entire nation? Absolutely NO! That is why the constitution specified. Only “Natural Born Filipino” can qualify to rule over Filipinos (for security and peace of mind of the citizens). A foundling can not guarantee security and peace of mind for Filipinos because a foundling is doubtful Filipino citizen. Grace can be anak ng Tikbalang !!! WhaDaPak SOTTO, Aquino, Villar, Legarda and Pia mga bobo at hinayupak na senador. Anak sila ng Poe’tang’na.

    30. There is no iota of a doubt, if you read the justices’ opinions (posted on the SET website), that she will be disqualified as a presidential candidate for not being a natural-born citizen when the case is brought to the Supreme Court. It would even be one of the few unanimous decisions of the Court: Carpio on the one hand, and Brion and Leonardo de Castro on the other, very often are on different sides in terms of Court decisions. In Llamanzares’ case, there isn’t any point they disagree upon.

      If this is true then those judges cant sit on the bench when this case has been filed before the Supreme Court.
      It is unethical and against the principle of impartiality of a judge to make statements about a case whther or not it has been brought to court for a ruling.
      What I have noticed is that in the Philipinnes a lot of the rulings of the Supreme Court and the courts of appeal are densily politically motivated.
      Hasnt onyone in the Philipinnes heard of the separation of powers as Montesquieu had described it and which has been adapted by almost every legal system in this world?
      It seems to me that nowadays everything is politically motivated in the Philipinnes.
      No wonder that the country is ridden with graft and corruption and nobody is even willing to tackle them becaude the majority of those within the political and judiciairy system are involved; nobody will ever cut into his own flesh, so unless a strong leadewr stands up and rule with iron fist nothing will ever change in the Philipinnes.
      The current president is always blaming his officials for whatever graft or curruptive action has been made and even when someone has been implicated in graft and corruption, it takes ages before that person is brought in front of a judge.
      The current president himself is covered by dirt; DAP, Yolanda victims etc.
      It is about time that the constituents of the Philipinnes start to learn that they are the only ones who can make drastic chamces in the Philipinnes!

    31. The timing of Mr. David is suspect. He should have filed the complain 3 years ago; at the time when Ms. Poe win as a senator. It’s politics like this item. I cannot fathom why FPJ and Susan adopted Grace. They should have known who is the father or mother of Grace. The citizenship of a person can be partially identified through his/her looks. Even in other country in a public places, one can identify through physical attributes the nationality of a person. Grace, with her height and nose is a Filipino. Either her mother or father is a mestiza/mestizo No doubt about that. To see is to believe. The lawyers tried to circumspect the law becoz they are paid to do so or is bias.

    32. jose taganahan on

      I am confident that before the election on May 2016 a DNA test will probe that at least one of Sen. Grace Poe-Llamanzares parents is a Filipino Citizen therefore proving that she is natural born Filipino citizen and qualified to run as President of the Philippines, otherwise I will vote for Mar Roxas instead but never to the other three (3) Presidential candidates (Binay, Santiago or Duterte)

    33. People where have yoy studied laws? All those complaining about the ruling of the Supreme Court, please enroll into a real law faculty and learn that lwas are all linked together.
      There is not even a “start of proof”nor any evidence submitted or presented by those idiots who are claiming that mrs Poe isnt a natural-born filipina.
      Once again am going to explain the essence of being a natural-born citizen to you all.
      Poe was a foundling, so therfore the most obvious indication and proof is, that she was born out of a filipina mother who abandoned her after giving birth.
      Whever is claiming that Poe isnt a natural-born filipino solely because she is a foundling, has to proof beyond any doubts that Poe was not born out of a filipina citizen!!
      That is the mere essence of this case and unless they can’t proof that Poe was not born out of a filipina , they better shut the hell up and stop trying to look interesting; in fact they make themselves the ;laughing stock of the law community.

      I wrote some lenghty articles about this issue already and still some dumb idiots are coming forward disagreeing with a ruling of the Supreme court which is totally based and clearly motivated.

      Mrs Poe go for it and start cleaning the governmemntal pigsties out and put an end on political friends stupity which is paralyzing the Philipinnes.
      Clean out the governmental departments and employ servants who really are qualified to do the job they apply for.
      Stupidity is the drive for corruption!!

    34. “While often quoted by demagogues, that phrase has its meaning better explained by its origins. It originated from an 8th century scholar, Alcuin, in his letter advising Charlemagne, the first Holy Roman Emperor: “Those people should not be listened to, who keep saying the voice of the people is the voice of God, since the riotousness of the crowd is always very close to madness.”

      Demagogue is described by Mr. Webster as “a popular and facetious orator, especially one who inveighs against constituted authority.” These senators who adhere to “Vox Populi Vox Dei” dictum, are demagogue still. Yet I haven’t heard them in their oration at best. I should believe the 8th century scholar, Alcuin as you have explained, sir Bobby Tiglao. He defined the voice of the people so close to what was happening during Jesus days of passion and time before it. I therefore cannot agree that “the voice of the people is the voice of God.” It is the voice of “mob”. Being the voice of “mob”, it is therefore the voice of evil. In Mk 5, ‘So Jesus asked him, “What is your name?” The man answered, “My name is ‘Mob’-there are so many of us (v 9, read also Luke 8:30). There you have it. These senators are agents of evil.

    35. Joselito Paragas on

      The senators are lawmakers but they don’t respect the constitution! They are dumb! Incompetent! Disrespectful!

    36. Query: “What kind of senators do we have who disrespect the Constitution?”
      Answer: “Useful idiots” for Mrs Grace Poe Llamanzares?

      The Gang of Five just earned the label “stupid” in floods. The Phillipines needs and deserves better legislators than these five incompetents. They should be kicked out and “vaporized” in the next senatorial elections. The Filipino people should never stand for this kind of ignorant, self-serving, politically motivated, and shameless trapos. Ever.

      As for the silence of the Supreme Court in respect of the complaint of Mr. Jose Roy regarding PLDT’s non-compliance of the Court’s decision, I don’t think this can be attributed to Associate Justice A. Carpio being “afraid” of an Indonesian billionaire. The reality is that justice moves at turtle speed and very slow pace in the Philippines. I suspect that it will take another 5-10 years before this case is heard. Consider the case of Senator Lito Lapid. It is only now in 2015 that he and four others will be tried for graft before the Sandiganbayan. Their alleged involvement in a multimillion fertilizer scam happened in 2004!

      • Manny De Guzman on

        As I have said. These senators cannot be called honorable. Just look at their faces. DO THEY LOOK RESPECTABLE?Nothing in their personal appearance as a dignified senaTONG.

    37. The Senators had to do what they had to do. It is presumed that a foundling is a natural-born citizen of a country where he/she was found. Everyone has the right to a citizenship, even Grace Poe.

      • PRESUMTION has no place in a court of law…. all motions and decisions are based on documented facts and in adherence to the country’s constitution… otherwise all are void, with no value and inadmissible.

      • bencio malunao on

        You missed the point entirely, Mike. The point is: The Constitution says that a “foundling” is simply NOT a “natural-born citizen” but a “naturalized citizen”. And the Constitution simply says, too, that a “naturalized citizen” cannot run for elective office from Congressman and up! Ganun lang! The Constitution simply do not recognize “emotions” or “paawa” effect!” Ganun “kalupit” ang batas–the very essence of what we call the “rule of law!” Nothing less, nothing more!

      • I think “presumed” and “right to a citizenship” are out of place in your argument. No one should “presume” your are a citizen if a foundling without proof of parent’s citizenship! The “right to a citizenship” is only guaranteed or earned under the provisions of the Philippines Constitution! Mr. Tiglao was very clear on his argument of the lack of constitutionality of the majority decision of the SET. It appears that to the five senators “legal comprehension” is not their “cup-of-tea”.

      • Cyrano DeBergerac on

        Yes, everyone can be a citizen. That is not the argument. The argument was whether she is natural born or naturalized. This determines eligibility to hold the offices of Congressmen, Senator or President.

      • Jose A. Oliveros on

        Please cite your basis in saying that a foundling is a natural-born citizen of the country where he or she is found.

      • Indeed, she has a right to citizenship but that does not make her a natural born Filipino. That is the issue, hilo and if you fail still to comprehend the difference, I guess you may have to go back to your English and Comprehension Class.

      • laguatanlawzen.com on

        You are absolutely wrong in your premise. Read the Constitution – compare the 1935, 1973, 1987 Constitution and see what does it provide with respect to foundling.

    38. THanks, Sir Rigoberto Tiglao, for your concern over the future of our country that has come to be governed by a crazy president and cursed with a Senate with a majority of senators who have no social morality–maybe also no personal morality. They should be investigated as to their citizenship. Maybe they are actually already citizens of the United States, Canada, Australia, China, etc.–countries that want our Republic to cease exiting so they can control it and use it for their own interests.

      With Malacanang and the Senate like the one we have now–and yes a Smartmatic-PCOS-OMR machine controled Comelec–our country will become a puppet republic of the rich Western and some of the more industrialized Asian Powers.

      The Filipinos majority will be the peons and worker bees while the elite minority who are really no longer Filipinos in reality will be like the lords and barons of the ancient world.

      • Why can’t some Filipinos just organize themselves and just burn all those SMARTMATIC machines which will again make a mockery of our democracy and instill another stupid head of state?

    39. I have always thought that when the likes of Salonga, Tolentino, Sumulong, Pelaez, Marcos, Padilla, Perez, Almendras no longer walk the halls of the senate, there is no more reason the once august body should stay a minute longer. The senate abolition then could have prevented a senate today composed of Lapid, Revilla, Estrada, Legarda, Bam Aquino, Cynthia Villar, and other characters whose intellectual capacity is mediocre at best.

      • laguatanlawzen.com on

        You forgot another illustrious Senators who walked the halls of Congress – Roseller Lim, Rodolfo Ganzon (dubbed the stormy Petrel of the House), Amang Rodriguez, Lorenzo Tanada, Raul Manglapuz, Manuel P. Manahan. The present crops of legislators now are nothing but bums – the Congress is a disgrace and manned by clowns and political idiots. And some are techno-politico-moron in barong Tagalog.

    40. I respectfully disagree with you, Mr. Tiglao. I could care less on the opinions of the 3 SC justices as their interpretation of the law in connection with this issue would significantly benefit their benefactor, GMA. These justices should have been reminded that lest they be accused of their biases due to their circumstances, that they should conduct a careful self-examination and then express their discretion in a manner that the people’s faith in the courts of justice is not impaired. But don’t get me wrong. I was in awe on how intelligently these 3 outstanding legal luminaries wrote their dissenting opinion that Poe is not natural born citizen of RP. But equally brilliant are the opinions of former SC justice A. Panganiban, election lawyer expert R. Makalintal who ably rebutted Carpio’s view on customary international law (CIL). Likewise Human right lawyer and former Senator Rene Saguisag cited that under UHDR nationality is one of the most fundamental Hunan rights and that foundling maybe the weakest of the minorities deserving of special care and assistance, SPECIAL DISCRIMINATION. In the light of these divergent views on foundling, we as laymen, are mere spectators on this evolving spectacle, watching in disgust why this legal intramural need to happen. In the absence of the definition of rights and citizenship of foundling in our Consitution, this disqualification case now becomes a purely political/policy-making issue. Responsibility for policy-making in a democracy like ours resides in those directly accountable to the electorate (Congress). Unfortunately, while both the framers of our Constitution and Congress, Ignored or perhaps failed to grasp the probability of this happening, let the voice of the electorate be the judge allowing them the political experience and the moral education and stimulus in solving the problem in their own ordinary way.
      POWER TO THE PEOPLE!!!!!!!!!!!!

      • Jose A. Oliveros on

        But have you read the column of retired Ambassador Jaime Bautista in this newspaper that there is no such thing as customary international law on citizenship? If not, it is very enlightening.
        As regards the Universal Declaration of Human Rights, no less than the person who was part of the group that drafted it and sponsored the draft before the UN General Assembly – the late US First Lady Eleanor Roosevelt, stated in her sponsorship speech that the UNDHR is but a “statement of principles…setting up a common standard of achievement for all peoples and all nations” and “not a treaty or international agreement imposing legal obligations” (quoted by the US Supreme Court inSosa v. Alvarez Mahain, 542 US 692).

      • Leodegardo Pruna on

        What a natural born citizen of the Philippines is solidly and simply defined in the Philippine Constitution. The fact is that those whom you have mentioned have established biases and to ignor the basic law of the land would trap us into their fold. They constitute a warning by embracing the “SAGUISAG ng PANGANIBan” view. God bless the Philipines.

      • You are accusing the three justices of “bias”. So to you, the five senators are not biased? Please consult a dictionary for the meaning of “bias”.

        You want the justices to “conduct a careful self-examination and then express their discretion in a manner that the people’s faith in the courts of justice is not impaired”. But you are not demanding the same from the Gang of Five. Why not? And what about the impairment of the people’s faith in the senate as a result of their grave abuse of discretion? You are not concerned about this, are you?

        All the legal pundits you mentioned (Panganiban, Makalintal, and Saguisag) are supporters of Mrs. Llamanzares. They deliberately ignored the primacy of the Philippine Constitution over international law – the 1930 Hague Convention mentioned above. They tried to influence the outcome of the SET hearing through their newspaper columns and published interviews. Thank goodness, the three justices did not fall for their ploy.

        If you ignore the Constitution which reflects the will of the people, the people power you are advocating is “mob rule”. No way!

      • Sad to say that most voters do not understand our constitution, even college graduates. They do not even know what is the real issue about Grace Poe.

      • Citizen na nga but not natural born. Need to be natural born to be candidate that’s why. Don’t tell me na pwede na mga chinoy na kumandidato saka na patunayan na natural born? Please try to understand what is written in the constitution.

      • You are accusing the three justices of “bias”. So to you, the five senators are not biased? Please consult a dictionary for the meaning of “bias”.

        You want the justices to “conduct a careful self-examination and then express their discretion in a manner that the people’s faith in the courts of justice is not impaired”. But you are not demanding the same from the Gang of Five. Why not? And what about the impairment of the people’s faith in the senate as a result of their grave abuse of discretion? You are not concerned about this, are you?

        All the legal pundits you mentioned (Panganiban, Makalintal, and Saguisag) are supporters of Mrs. Llamanzares. They deliberately ignored the primacy of the Philippine Constitution over international law – the 1930 Hague Convention mentioned above. They tried to influence the outcome of the SET hearing through their newspaper columns and published interviews. Thank goodness, the three justices did not fall for their ploy.

        If you ignore the Constitution which reflects the will of the people, the “People Power” you are advocating is “mob rule”. No way!

      • in that case, we better binned the Phil Constitution for not being respected and not followed. Remember the Phil Constitution is the highest law of the land. No other laws shall be above the Phil Constitution, it was ratified by the Filipino people and should be followed and obeyed. What is written is written no matter what.

    41. Jose A. Oliveros on

      The Philippines is not a signatory or a party to the 1930 Hague Convention cited by Senator Villar because in 1930 the Philippines was still a colony of the USA and could not have signed or acceded to that Convention. Even the USA itself did not ratify nor accede to it. But even if both the USA and the Philippines acceded to that Convention, its Article 2 provides that “any question as to whether a person possesses the nationality of a particular State shall be determined in accordance with the law of that state.” The 1935 Constitution enumerates who are citizens of the Philippines and even Llamanzares and her lawyers admitted that she does not fall in any of the categories enumerated.

      As regards the deliberations in the 1934 Constitutional Convention, Senator Villar swallowed hook, line and sinker the remarks by Delegate Manuel A. Roxas cited by Llamanzares and her lawyers that a foundling is a natural-born Filipino citizen, the same Delegate Roxas, in reply to a request for clarification by Delegate Jose Artadi of Misamis, stated that (and I am quoting the original Spanish text): “xxx En Filipinas, for ejemplo, bajo las disposiciones de los articules sobre ciudadania qe hemos aprobdo, seria ciudadano por nacimiento, o sea natural-born todos aquellos nacidos de un padre que es ciudadano filipino, ya sea una persona nacida en filipinas o fuera de ellas.” (cited as footnote 161 in the dissenting opinion of then Supreme Court Associate Justice Conchita Carpio-Morales in the 2004 FPJ citizenship case, 424 SCRA 512).

    42. Mr R TIGLAO ang dahilan kaya binaluktot ng mga senador ang saligang batas dahil sa akala nila na mananalo si gng.grace poe at kapag ganoon ang nangyari kaya nila itong paikutin tulad ni gng c aquino. IPASA DIYOS NALANG NATIN ANG LAHAT.

      • nasa Diyos and awa, nasa tao ang agawa.

        hindi kikilos ang Diyos para sa tao. sya ang magsasabi ano ang dapat gawin. nasa tao pa din ang desisyon kung kikilos o hindi.

    43. In the Senate, they don’t know rule of law. What they know is the law of money and convenience. What can you expect from the quality of people we elect as senators?

      By the way Sonora Marcos Llamanzares is too arrogant and immature when she castigated Carpio for being inconsistent on international law. Imagine that! Instead of saying, I respect and thank you for your decision but the majority prevailed. Her camp immediately knew this was again an off-the-cuff booboo just like the INC separation of church and state comment so the next day her spokesman issued a statement contradicting her.

      So juvenile, how can she be president even if she is natural-born? Yes, she is natural-born but Susan is ashamed that the truth be known.

    44. The decision of the 5 incompetents is another good example that we should not vote or put actors, media personalities, plain housewives, non-achieving lawyers and neophytes to be legislators. They should be elected as barangay councilmen or barangay captains, not senators and congressmen. How can they even attempt to make laws when they do not understand and do not follow the same? They are an insult the the Republic of the Philippines. No wonder, the country is failing in every turn,having incompetents and ignoramuses running it.

    45. Touche on the often quoted “vox populi vox dei”. Unfortunately, Mr. Tiglao, you’re fencing words with the Idiots of the Republic: they’re immune to logic and shame. The SET decision can still be assailed in the Supreme Court on the grounds of error of law and grave abuse of discretion. By not doing their homework and making an effort at writing a good opinion, the stupid “Senators” provided an avenue for a challenge for judicial review.

    46. The answer to your last question is “Banana Republic” because of the monkeys in the Senate and Congress.

    47. Tell that to the”copy-paste”/plagiarist Sotto. I am still puzzled why is Sotto ranking high in the surveys. Is this really a sign how stupid Filipino voters are? Ask sotto about pepsi paloma’s case.

      • Please don’t castigate the filipino voters. Survey? by Who? I am a voter. I don’t know if my vote was counted. I surmise PICOS counted or made results of our votes.

    48. Sir, the senators followed what is right, they only acknowledged the international law that is part of our constitution. And I agree with what Bam Aquino said, “If we considered foundlings naturalized, the rights and privileges that could have been given to foundlings if they were considered natural born would be gone”. Foundlings do not deserve to be stripped off of rights just because of things that they cannot help about.

      • Shiela, there’s nothing right in what you have said. If you study them farther honestly, diligently and reasonably with truly and faithful love of your country and as a law abiding citizen, then truth will be realized to correct your position. Right now your position, above, is obviously wrong.

    49. SALVACION CAHAYAG on

      What can we expect with these 5 senators (Villar, Sotto, Legarda, Aquino &
      Cayetano). These are all politicians who prefer to go for the self interest rather
      than the constitution that they are duty bound to defend. Look at Legarda the
      balimbing, whoever is in power this balimbing is there, Villar who just continue to ride on the shoulders of others, one who has no guts and one who is easy going and does
      possess self respect, Aquino also a do nothing politician, Sotto who is just out there
      to go and protect the same feather as he has and Cayetano, a lawyer who does
      observe what she had studied in her college of law to defend the fundamental law
      of the land. They are all bull shit, pweh.