Poe case up for resolution

THE petition of Senator Grace Poe to reverse the Commission on Elections’ (Comelec) decision cancelling her certificate of candidacy (COC) has been submitted for resolution after all the parties have filed their respective memoranda.

Aside from Poe, other parties include former Senator Francisco “Kit” Tatad, Political Science Professor Antonio Contreras, former University of the East Law Dean Amado Valdez, former Government Service Insurance System (GSIS) lawyer Estrella Elamparo, Comelec and the Office of the Solicitor General as Tribune of the People.

Private complainants all said the Comelec was merely exercising its duty under the Constitution in determining the qualifications of those aspiring for public office when it issued its ruling against Poe.

“If there was any doubt on respondent Comelec’s jurisdiction as far as a Presidential candidate is concerned, this was laid to rest in the case of no less than petitioner’s adoptive father—the case of Tecson v. Comelec. The Honorable Supreme Court in that case expressly recognized the jurisdiction of Comelec under Section 78 insofar as then presidential candidate Ronald Allan Kelley Poe (a.k.a. Fernando Poe, Jr.) was concerned.  The said case was preceded by numerous Section 78 cases against Congressional candidates which of course involved a national post,” Elamparo said.

Contreras, on the other hand, said the Comelec ruled based on facts and evidence presented by both parties, and due process was duly accorded to Poe.

“Petitioner (Poe) failed to prove that the Comelec was guilty of capricious and whimsical exercise of judgment and such was so patent and gross, and was arbitrary and despotic by reason of passion or hostility,” he added.

On her citizenship and residency requirement, Elamparo said in Poe’s COC for the 2013 mid-term elections, she stated six years and six months as the length of her residence in the Philippines adding that based on her own reckoning, the senator started being domiciled in the country sometime in November 2006, or after she had reacquired her Filipino citizenship.

“Based on her own declaration, by the May 9, 2016 elections, she would have been a resident for only 9 years and six months, or 4 months short of the required ten-year residency requirement under the Constitution,” Elamparo said adding that this was very important since it was an “admission against interest” that Poe made.

Elamparo likewise said the burden of proof is upon Poe to prove her alleged natural-born citizenship and not on the petitioners or the others who wanted her disqualified from the presidential race.

“A foundling with no known parent or parents is NOT among those enumerated under the 1935 Constitution as a Filipino citizen or a natural born Filipino citizen. Petitioner therefore is not a natural born-Filipino, contrary to what she stated in her COC. At that point, contrary to petitioner’s claim, the private respondent was already able to discharge her burden of proof that petitioner’s claim in her COC that she is a natural born Filipino is false,” she added.

For his part, Valdez said it is clear that Poe is not a natural-born Filipino since she “perform an act to perfect it” by executing an oath of renunciation of her US citizenship.

He said Poe also committed falsehood when she stated in her COC that she is a natural-born Filipino and had complied with the 10-year residency requirement, when she knew she failed to fulfill those requirements imposed by the Constitution.

Valdez likewise argued that no injustice was done against Poe, contrary to the statement of her camp.

“The status of the petitioner as not being a natural-born citizen is not willful and designed for injustice. There was never injustice on petitioner as a foundling. Our country was never remiss in taking care of foundlings. As a presumed Filipino citizen and the Philippines being here domestic or habitual domicile she was allowed to have a home, parental care and the protection of society and family through adoption,” he added.

Valdez also said Poe was given every opportunity by the Comelec to present evidence to support her contention that she fulfilled the constitutional requirements needed for her to be allowed to run for the highest post of the land.

Tatad, through counsel Atty. Manuelito Luna, said “one seeking the presidency should be constitutionally qualified and there are no ifs and buts in this. Being not a natural-born Filipino citizen and for failing to meet the minimum residency qualification, respondent should be disqualified from running for President, lest the Commission will countenance a grievous violation of the Fundamental law.”