Associate Justice Francis Jardeleza, Chief Justice Maria Lourdes Sereno and Associate Justice Marvic Leonen. INQUIRER FILE PHOTOS
After deflecting attacks in all fronts, Senator Grace Poe is surrendering the fate of her presidential bid in the hands of the 15 magistrates of the Supreme Court (SC).
During the five days of oral arguments on what would become the landmark case of Poe-Llamanzares v. Commission on Elections (Comelec), the public has been given a glimpse on how some justices would vote on the issue.
Poe’s case has no precedent, as she is being disqualified over her status as a foundling and that she allegedly failed to meet the 10-year residency requirement for presidential aspirants provided for in the Constitution.
In the course of the oral arguments, three justices, all of whom were appointed by President Benigno Aquino III, seemed likely to lean on voting in favor of allowing the neophyte senator to continue her quest for the presidency. These justices are Chief Justice Maria Lourdes Sereno, Associate Justice Marvic Leonen and Associate Justice Francis Jardeleza.
Sereno advocates for foundlings
Sereno, during the third day of the oral arguments on Poe’s case last February 2, warned of the “profound implications” on the rights of foundlings should the High Court bar Poe from running because she is not a natural-born citizen.
“If you’re saying that foundlings are not natural-born citizens, have you thought about the impact on the rights of all foundlings?” Sereno said.
Sereno said that should SC disqualify Poe because she is a foundling, other foundlings cannot become a high-ranking civil servant, much less aspire to become the president, vice president, a supreme court justice or a judge.
“If I am going to say that a foundling is not a natural-born Filipino citizen, that they cannot hold thousands of offices that require natural-born citizens, [does it mean that] any of those persons holding any of those positions who is alleged to be a foundling, must be removed?” Sereno asked Comelec commissioner Arthur Lim.
READ: Sereno fights for foundlings
Earlier, Sereno said that two adoption laws in the country—Republic Act 8552 or the Act Establishing Rules and Policies on Domestic Adoption of Filipino and for other purposes and Republic Act 8043 or the Act establishing rules to govern inter-country adoption of Filipino children and for other purposes—recognize that foundlings are Filipino citizens.
Sereno became an associate justice and chief justice of the Supreme Court under the Aquino administration. She was appointed as chief justice in August 2012.
Leonen: Poe’s first champion
Associate Justice Marvic Leonen was the first Supreme Court magistrate who showed that he might be voting in favor of the senator. During the first day of the oral arguments, Leonen lamented why Poe, a foundling who does not know her birth parents, is the one who should prove that she is a natural-born Filipino.
Leonen sympathized with Poe’s plight, having said that he also grew up without a father.
“At the end of the day, should this court ask her to look for those parents who actually left her because she had it lucky. She is now one of the candidates to become President of this country. Do you think that is a fair result? It’s clear to us what should happen in terms of justness. Can our laws actually contain that kind of a result? Is it clear enough to say that the Constitution of the Republic looks this way on foundlings? That there can never be any foundling found in a rural area of the Philippines that can ever become President?” Leonen said.
READ: Poe finds a champion in the Supreme Court
He also floated the idea of letting the electorate decide on Poe’s fate as the voice of the people is the voice of God.
Leonen also assailed the Comelec, saying that the poll body has no power to adjudicate the qualifications of presidential aspirants.
A former dean of the UP College of Law, Leonen is the second youngest to hold an associate justice post in the high court. He was appointed by the Aquino in November 2012.
Jardeleza: Comelec violated Poe’s rights
A relatively new member of the Supreme Court, Associate Justice Francis Jardeleza is also seen as likely to support Poe on the issue.
On the fourth day of the oral arguments, Jardeleza grilled Commissioner Lim, saying that the Comelec has conclusively presumed that foundlings are not natural-born by cancelling Poe’s certificate of candidacy.
Jardeleza said that the Comelec violated Poe right as she has been deprived of due process as her status as natural-born Filipino was dismissed “without considering evidence.”
“While you are not staking a claim that foundlings are conclusively presumed to be aliens, it bothers me that effectively, you are,” Jardeleza told Lim.
“How can she establish [her parentage] when she doesn’t even know her mother and father?” he added.
Meanwhile, Lim said that a “plain reading” of the 1935 Constitution, the Constitution which was in effect during Poe’s birth, has excluded foundlings as natural-born Filipinos.
Jardeleza was previously the government’s solicitor general before being appointed in the Supreme Court by Aquino in August 2014.
Poe is currently leading in a number of pre-election preference surveys. RAM