2 SC justices raise tough questions during oral argument on Poe’s DQ

Does the public have to vote first before determining if the president they put in power  is qualified or not?

Supreme Court Associate Justice Teresita Leonardo de Castro raised the question during the oral argument on the petitions filed by Senator Grace Poe against the Commission on Elections (Comelec).

De Castro said the State “has compelling interest in ensuring that its electoral exercises are rational objective and orderly.”

She asked Poe’s camp if it is rational to say that the Comelec cannot pass upon the qualification of candidates to the positions of congressmen, senator, vice president and president.

The same question was asked by Associate Justice Estela Perlas Bernabe.

“Does Comelec have the power to decide on all questions affecting elections, to rule on her qualification as presidential candidate?” Bernabe asked.

Poe’s counsel, Atty. Alexander Poblador said it is not the Comelec but the quasi-judicial bodies such as the House of Representatives Electoral Tribunal (HRET), Senate Electoral Tribunal (SET) and the Presidential Electoral Tribunal (PET) can rule on the qualifications of candidates for congress, senate, vice president and president.

“I believe that all Comelec can do is to determine whether or not a candidate could take a position with respect to the truth or falsity only for the purpose of determining whether she acted in good faith or without intend to deceive,” Poblador said.

“How can you reconcile the court’s ruling on the case of Tecson (the case involving the citizenship question of Fernando Poe Jr.) wherein it was held that the PET could only take cognizance of contest in a post election scenario and PET does not have jurisdiction in matters questioning the qualifications of a candidate for the presidency or vice presidency before elections are held?” Bernabe asked.

Poblador said “Comelec cannot definitely decide whether the candidate is disqualified because that is a matter that should be decided after election and proclamation by the SET or PET.”

“So, if there is no deliberate intent to deceive, then the public has to wait for an unqualified presidential candidate be first voted only thereafter the case of qualification may be passed upon in the PET,” Bernabe said to which Poblador agreed pointing out that Comelec jurisdiction specifically is about local government officials only.

Following Poblador’s argument, De Castro asked if the Comelec can allow nuisance candidates to run.

“I wouldn’t go to that extreme because there are special grounds applicable to nuisance candidates,” he said.

But De Castro countered that Poblador is advocating a very broad interpretation of the law insofar as qualification of the candidates for congress, senate, vice president and president are concerned.

“When there is an electoral tribunal, Comelec is powerless. You want everyone to run. After the people had voted for this candidate who clearly is not qualified to run, you will let a long process be undertaken. Is that rational? Is that logical?” De Castro asked.

De Castro added that Poblador cannot insist on invoking the presumption of law in insisting that Poe, a foundling, is a natural born citizen.

“Any lawyer would know that presumptions are based on established fact and what is the established fact here?” De Castro asked.

Poblador cited the adoption process where a foundling is considered a Filipino citizen because the court cannot act on an adoption decree if it has no jurisdiction over the child.

But De Castro said the foundling is a Filipino citizen but not natural born because it has to go through a process of being declared a foundling to be initiated by the Department of Social Welfare and Development (DSWD) or any person who found the child.

Whereas, a natural born child, De Castro said does not have to undergo any process before its citizenship is determined.

De Castro said natural born is by birthright.

“There is no evidence she is born of Filipino father or Filipino mother…She was found in Iloilo [but] nobody saw that she was born in Iloilo,” De Castro said.

Poe filed two separate petitions with the Supreme Court questioning the Comelec decision canceling her certificate of candidacy.

The high court stopped the Comelec from implementing its decision.