High Court issues TROs on Poe’s disqualification
The Supreme Court on Monday issued two temporary restraining orders against the Commission on Elections (Comelec) decision cancelling the certificate of candidacy (COC) of Senator Grace Poe.
Covered by the restraining orders are the two separate decisions of the Comelec en banc that affirmed the decisions of its first and second divisions.
The Comelec’s first division cancelled Poe’s COC due to questions on citizenship and residency raised by former senator Francisco Tatad, Amado Valdez and Antonio Contreras.
The Comelec’s second division, on the other hand, cancelled Poe’s COC based on the petition filed by lawyer Estrella Elamparo stating that Poe failed to meet the constitutional requirement of a 10-year residency for presidential candidates.
“A temporary restraining order is issued, effective immediately and until further orders from this Court, ordering you, respondent Comelec, your agents, representatives or persons acting in your place or stead, to cease and desist from implementing the assailed Comelec en banc resolution,” the high court’s order stated.
The restraining orders, according to Information Chief Theodore Te during a press conference, were issued by Chief Justice Maria Lourdes Sereno based on the written recommendation of the Member-in-Charge pursuant to Supreme Court Internal Rules.
At the same time, the high court gave the Comelec 10 days to comment on Poe’s two petitions.
Te said that while there was no consolidation of the cases, all three cases on Poe will be the subject of the oral argument set on January 19, 2016.
Aside from the two petitions questioning the Comelec decision cancelling Poe’s COC, also subject of the oral argument on January 19 is the petition by Rizalito David which seeks to reverse the ruling of the Senate Electoral Tribunal (SET) that dismissed the disqualification case against the senator.
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