The Supreme Court on Wednesday has ordered Senator Grace Poe and the Senate Electoral Tribunal (SET) to respond to the petition filed by 2013 losing senatorial bet Rizalito David which seeks the reversal of SET’s ruling dismissing the disqualification case against Poe.
READ: David asks SC to reverse SET decision on Poe disqualification case
High Court Information Chief Theodore Te said the SET and Poe were given a non-extendible period of 15 days upon receipt of the resolution to submit their comment.
The high court also set an oral argument on Jan. 19, 2016 at 2 p.m.
David, in his petition, asked the high court to issue a restraining order stopping the implementation of the SET ruling while their petition is pending.
“The Honorable Court should issue a temporary restraining order or writ of preliminary injunction to restrain or enjoin the enforcement of the aforesaid patently void decision,” David said in his petition.
David said the five senators who ruled in favor of Poe voted not on the basis of existing laws but due to political considerations.
He added that the Senators Vicente Sotto III, Loren Legarda, Cynthia Villar, Bam Aquino and Pia Cayetano “clearly, misinterpreted the Constitution, the laws, procedural rules, and jurisprudence in giving effect to non-binding international laws and in acknowledging the flawed theory of citizenship by legal fiction.”
Those who dissented were SC Associate Justices Antonio Carpio, Teresita Leonardo-de Castro, Arturo Brion, and Senator Nancy Binay, whose father, Vice President Jejomar Binay, is also vying for the presidency in the 2016 elections.
David took note of the opinions of the three justices.
Brion said there is no evidence existed to show that Poe is a natural-born citizen, one of the major requirements for an aspirant to be allowed to run for President.
Carpio and De Castro, on the other hand, believed that while Poe is a Filipino citizen, she is not natural born because she acquired her nationality by legal fiction.
Poe is a foundling from Jaro, Iloilo and was later adopted by celebrity couple Fernando Poe Jr. and Susan Roces.