Escudero: Justices in favor of Poe’s disqualification can’t participate at SC level

The three justices who voted in favor of the disqualification case against Senator Grace Poe can no longer participate when the issue is elevated at the Supreme Court because doing so would be a violation of due process, Senator Francis “Chiz” Escudero said on Thursday.

Escudero, a lawyer and running mate of Poe, was referring to Senior Associate Justice Antonio Carpio and Justices Teresita Leonardo-De Castro and Arturo Brion, who are also members of the Senate Electoral Tribunal (SET).

The three justices, along with Senator Nancy Binay, voted in favor of the case filed by defeated senatorial bet Rizalito David, but they were outvoted as five members of the SET voted against it.

Asked during a press conference in Angeles, Pampanga on Thursday if they were worried that the votes of the three justices would be reflected when the issue is elevated at the SC, Escudero explained that it would be a violation of due process if the three would review their own decision.

“Yung tatlong justices, kung titingnan natin ang procedure, precedents and practice, hindi naman po sila pwedeng lumahok sa pag appeal ng decision SET sa Supreme Court dahil hindi naman nila pwedeng i-review yung sarili nilang decision. Paglabag yan sa tinatawag nating due process,” he said.

(The three justices, if we look at the procedure, precedents and practice, they can’t participate in the appeal of the SET decision at the Supreme Court because they can’t review their own decision. That would be a violation of what we called due process.)

“Sa tatlong mahistradao, bagamat ginagalang ko ang kanilang decision, ang mensahe ko siguro ay ganito: Ginawa at inimbento ang batas para gawing daan at tulay upang makamit natin ang hustisya. Kailanma’y hindi pwedeng gamitin ang batas para gumawa ng isang kawalan ng hustisya o pang-aapi sa sinumang tao.”

(To the three magistrates, while I respect their decision, my message for them is that the law was created to be an instrument to get justice. You can never use the law for injustice or to persecute anybody.)

Escudero said he was saddened by the decision of the three justices on the case because it means that a foundling who does not know his parents was stateless. It also means, he said, that a foundling could not have the same rights being enjoyed by a child who knows his parents.

“Nakakalimutan yata nila ang basic na prinsipyo sa batas na nagsasabing, those who have less in life should always have more in law,” he further said.

(They probably forget the basic principle in law that says, those who have less in life should always have more in law.)

And since it is being done by practice and precedent, the senator said, there is already no need for Poe or her lawyers to ask the inhibition of the three justices when the appeal on the SET ruling is brought to the SC.

“Sa mga nagdaang kaso ng HRET at SET kung saan may umuupong mahistrado ng korte, kung hindi ako nagkakamali, lahat yun ‘pag inaakyat sa Korte Suprema, hindi na nakikibahagi yung mga mahistradong nakaupo dun,” he said.

“Hindi na kailangang hilingin pa dahil nga prinsipyo ‘yun sa due process na hindi pwede at tama nanire-review mo ang sarili mong decision,” he further said.

Escudero said the same rule would apply even if the three justices voted against Poe’s disqualification from the Senate.