An election lawyer on Saturday said actress Susan Roces could not “legally substitute” for Senator Grace Poe in case the Commission on Elections (Comelec) disqualifies the senator from the presidential race.
“The law provides that only those candidates nominated by a registered political party could be substituted in case of withdrawal, disqualification or death,” lawyer Romulo Macalintal said in a statement.
Since Poe is an independent candidate, Macalintal said no substitution is allowed in case she is disqualified.
Macalintal said the cases filed against Poe at the Comelec were petitions to cancel her certificate of candidacy (COC).
“If she loses any of these cases, the effect is that her COC is denied or cancelled as if there was no COC filed nor was she ever a candidate, hence, even if she is nominated by a party she could not be substituted,” he said.
READ: Susan Roces urged to run if Poe disqualified
On Friday, close supporters are planning to field Poe’s adoptive mother, Roces, as an alternative presidential candidate in case she gets disqualified.
“Her supporters should stop issuing such statement of possible sub by Roces because it gives the impression that Poe will be disqualified which might affect her other supporters,” Macalintal said.
On Nov. 17, the Senate Electoral Tribunal junked the disqualification case against Poe, ruling that the lady senator is a natural-born Filipino citizen under the Constitution despite being a foundling.
Poe, however, is still facing three other disqualification cases. CDG
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