NO MORE STUMBLING BLOCK – Galing at Puso presidential bet Senator Grace Poe, elated by the Supreme Court decision allowing her to run in the May, 9, 2016, elections, waves to her supporters who celebrate her legal victory during the International Women’s Month celebration at the Liwasang Bonifacio in Manila yesterday. The SC verdict reversed the earlier decision of the Commission on Elections disqualifying her from running on account of residency and citizenship issues. (Camille Ante)
The Supreme Court yesterday decided to allow Senator Grace Poe to run for president in the May 9, 2016 national elections.
Voting 9-6, the SC granted Poe’s petition asking the High Tribunal to reverse the two decisions of the Commission on Elections (Comelec) that disqualified her from running for president for not being a natural-born citizen and for lack of the 10-year permanent residency in the Philippines.
“Ako po’y taos-pusong nagpapasalamat sa ating mga kababayan na hindi bumitiw at hindi nawalan ng tiwala at higit sa lahat ay nagdasal at nanalanging hindi lamang para sa akin kundi para sa hustisya,” Poe told reporters at the sidelines of the Gabriela’s Women’s Day rally at the Liwasang Bonifacio in Manila, upon learning of the decision.
SC Spokesman Theodore O. Te identified those who voted in favor of Poe as Chief Justice Maria Lourdes P. A. Sereno, and Justices Presbitero J. Velasco Jr., Diosdado M. Peralta, Lucas P. Bersamin, Jose Portugal Perez, Jose Catral Mendoza, Marvic Mario Victor F. Leonen, Francis H. Jardeleza, and Alfredo Benjamin Caguioa.
Those who voted to disqualify Poe were Senior Justice Antonio T. Carpio and Justices Teresita J. Leonardo de Castro, Arturo D. Brion, Mariano C. del Castillo, Bienvenido L. Reyes, and Estela M. PerlasBernabe.
“Nais ko din pasalamatan ang SC na binigyan nila ng pagkilala ang katotohanan, ang katarungan, at higit sa lahat proteksyon para sa mga naaapi,” she said.
“Sa ating mga kababayan, meron na pong puwang ngayon upang pagbigyan natin ang ating mga kababayang mahihirap at napapabayaan sa sistema,” Poe said.
“Meron na po tayong pagkakataon ngayon sa tunay na pagbabago. Hindi ko po kakalimutan ang pinagdaanan na ito,” she added.
Despite the challenges she faced, Poe vowed to unite the country.
“Pero gagamitin ko ito para tayo ay magkaisa, magsama-sama para lahat ay bumuti ang buhay sa ating bansa at hindi ng iilan lamang,” she said.
Sen. Francis “Chiz” Escudero thanked the SC for its monumental ruling.
“Nagpapasalamat ako sa Korte Suprema at binabati ko si Sen. Grace sa kanyang pagkapanalo. Malaking bagay ito para sa pagkakatatag … demokrasya sa ating bansa, at para sa kababayan,” Escudero said.
Te said the full text of the decision will be released in the next few days.
“The Court will release the text of the decision and separate opinions in the next few days. As you may understand, upon the voting the Court will then finalize who will write for the Court. That matter has not yet been decided, and once the ponente has been decided, the text of the decision will follow,” Poe said.
Senator Poe’s two cases are denominated as GR No. 221697 May Grace Natividad S. Poe-Llamanzares vs Commission on Elections and Estrella C. Elamparo; and GR Nos. 221698-700 Mary Grace Natividad S. PoeLlamanzares vs Comelec, Francisco S. Tatad, Antonio P. Contreras, and Amado D. Valdez.
The Comelec had earlier disqualified Poe from running for president, but the SC issued two temporary restraining orders (TROs) on Dec. 28, 2015, that stopped the poll body from implementing its rulings.
Because of the TROs, the name of Poe was included in the official ballots for the May 9elections.
In her memorandum, Poe asked the SC to reverse the two rulings of the Comelec, insisting she met the citizenship and residency requirements of the Constitution for a presidential candidate.
Contrary to Comelec’s claim, Poe said she did not commit material misrepresentation when she indicated in her COC that she was a natural-born Filipino citizen and that she will be a resident of the Philippines for “10 years and 11 months” by May 9, which is way beyond the 10-year residency requirement for presidential candidates prescribed in the 1987 Constitution.
The senator maintained her position that she has been a resident of the Philippines since May 24, 2005.
On the citizenship issue, Poe said the Comelec abused its discretion when it ruled that she had the burden of proving her natural-born citizenship.
“As importantly, the burden to prove that petitioner is not a natural-born Filipino citizen rested on the private respondents, because petitioner (Poe) is presumed by law to be qualified for the office for which she now seeks to run,” she said.
On the residency issue, Poe told the SC that she began to settle permanently in the Philippines on May 24, 2005; enrolled her children to local schools in June 2005; purchased a property in the late 2005; constructed her family home in Quezon City in early 2006, and sold their US property in 2006.
Palace, LP denial
Meanwhile, Malacañang and the administration Liberal Party (LP) denied they have anything to do with the disqualification cases against Poe.
“We deplore this unfounded allegation, which is totally baseless and untrue,” Presidential Communications Secretary Herminio Coloma Jr. said.
Administration presidential candidate Mar Roxas said the LP could never be behind the disqualification of his rival, Poe.
First, Roxas said that it is not the LP which first brought up the issue of Poe’s qualification to run but United Nationalist Alliance (UNA) president Toby Tiangco.
But the glaring evidence that LP has no hand in the disqualification, according to Roxas, is that the appointees of President Aquino himself who have been defending the case of Poe.
In the series of oral arguments before the High Court, it is Solicitor General Florin Hilbay who stood against the Comelec.
“During the question and answer, the appointees of the President were very active in the conduct of the oral arguments,” said Roxas.
Roxas was apparently referring to SC Chief Justice Ma. Lourdes Sereno and Justice MarvicLeonen.
Read more at http://www.mb.com.ph/sc-votes-9-6-to-grant-senators-petition-grace-chiz-elated/#Ej1TkriOWlfUiMAf.99
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