DEFEATED senatorial candidate Rizalito David is barking up the wrong tree when he accused Senator Grace Poe of altering her birth certificate before the Senate Electoral Tribunal (SET), election law expert Romulo Macalintal said Wednesday.
Macalintal, in a statement, said any question on any entry, event or order concerning the civil status of any person should be filed before the Regional Trial Court.
“If there is any issue or question regarding any entry, event or order concerning the civil status of any person such as, but not limited to, births and adoption, any interested person may file a petition for cancellation or correction of such entry with the Regional Trial Court of the province where the Local Civil Registry having such record is located as provided under Rule 108 of the Rules of Court,” Macalintal said.
Macalintal pointed out that it is not for the SET to determine if Poe’s record was falsified.
“To do so is to allow a collateral attack on Poe’s birth records in that David is practically asking the SET to correct her birth certificate. This cannot be done by the SET because it has no jurisdiction over actions to correct any entry or order concerning the civil status of any person since, as stated, it can only be done through a direct action for cancellation or correction of such entry,” he stated.
David said Poe changed her birth certificate in 2006, the same time she decided to re-acquire her Filipino citizenship. Tetch Torres-Tupas