TROs vs Comelec in Poe cases affirmed

Sen. Grace Poe.
INQUIRER FILE PHOTO/RAFFY LERMA

THE SUPREME Court on Tuesday upheld the temporary restraining orders (TROs) stopping the Commission on Elections (Comelec) from enforcing its resolutions canceling Sen. Grace Poe’s certificate of candidacy (COC) for President.

Voting 12-3, the Supreme Court said the TROs issued in Poe’s favor would remain effective “until further orders” from the court.

The Comelec last month canceled Poe’s COC, saying that she was not a natural-born Filipino because she was a foundling and that she failed to meet the 10-year residency requirement because she used to live in the United States.

But Chief Justice Maria Lourdes Sereno issued last Dec. 28 a TRO in favor of Poe just hours after the senator’s camp filed two petitions asking the high tribunal to stop the Comelec from disqualifying her from the May election.

While the TRO remains in effect, Poe’s name remains on the ballot as a candidate for President.

Poe position boosted

Poe said her position that she was qualified to run for President received a boost Tuesday when the Supreme Court upheld the TROs against her disqualification.

The tribunal’s ruling was also good for democracy, the presidential candidate said.

“This strengthened my position that I am qualified to run for President in the elections in May,” Poe said in a statement, where she expressed her happiness over the ruling.

“This decision is good not only for my case and for my supporters, but also for democracy in general,” she added, vowing to continue her fight.

Poe’s spokesperson, Rex Gatchalian, said the court’s newly upheld TRO “prevented an injustice from taking place.”

“We are grateful to the good justices for their swift action, impartiality and wisdom. We are hopeful that in the coming days once the merits are discussed, they will see the basis of our position,” Gatchalian said.

Sen. Francis Escudero, Poe’s running mate, also thanked the Supreme Court.

“We hope that the high court will also uphold the laws and long-established jurisprudence when it decides on the other petitions in connection with the candidacy of Senator Grace,” Escudero said.

Petitions consolidated

Also Tuesday, the high court en banc consolidated the two Poe petitions against disqualification orders from the Comelec’s First and Second Divisions. The consolidated case was scheduled for oral arguments on Jan. 19.

The court also required Solicitor General Florin Hilbay to “give his views” on Poe’s cases against the Comelec, even while he had manifested that he could not represent Comelec having already entered his appearance for the Senate Electoral Tribunal (SET) in the separate case.

“While the Solicitor General had inhibited himself from the Poe cases, the court will nonetheless notify the SolGen and require the SolGen to give his views in these two cases,” said court spokesperson Theodore Te.

Solicitor General Florin Hilbay earlier told the court that he could not defend the Comelec in the Poe petitions, as he was already counsel for the SET, which held a divergent position on the presidential candidate’s citizenship.

Disqualified presidential candidate Rizalito David has a pending plea against the SET ruling in the high court, asserting that Poe, a foundling with unknown parentage, is “stateless.”

“Originally set to be heard also on Jan. 19, the court reset oral arguments on this separate case “to another date, to be announced.” With a report from Leila B. Salaverria