Poll lawyer: Sereno’s view on foundlings ‘speaks of extreme situation’

CHIEF Justice Maria Lourdes Sereno’s view that an adverse ruling against foundlings would prejudice foundlings already in government service is rather “extreme.”

“The statement of CJ Sereno speaks of extreme situation,” Election lawyer Romulo Macalintal said in a text message.

Macalintal said the Comelec is only doing its mandate as stated under the law.

“It is not the intention of Comelec to deprive foundlings of their rights,” he said.

During last Tuesday’s oral argument, Sereno read a long list of positions in government, including many government scholars and officials of the military, requiring holders to have natural-born citizen status.

Citing constitutional provisions on citizenship, particularly on the theory of bloodlines and the rights of foundlings, Sereno lamented that foundlings would be deprived of rights of ordinary citizens if the SC upholds the position of the poll body on Poe’s case.

Macalintal added “since there is no law on foundlings it is not for the court to make the law its function not being legislative.”

But he said Sereno’s remarks were made only during the oral arguments.

“It does not mean that that would be her final position once Sen. Poe’s case is decided by the SC en banc.”

“Comments made by justices in the course of oral arguments do not necessarily reflect their position on an issue. It may or may not change during the deliberations by the 15-man SC members on Poe’s case since a justice could be influenced or enlightened by arguments or comments by other justices during its deliberations,” Macalintal said.

“While the CJ’s comment appears to favor Poe it is not a guarantee that that would be the vote of the majority,” he added.