Atty. George Erwin Garcia (left), Sen. Grace Poe-Llamanzares’s legal counsel, with Atty. Pearlito Campanilla (right), Grace Poe Legal Team Media Bureau head. CONTRIBUTED IMAGE
Foes of Sen. Grace Poe-Llamanzares continue to hound her by filing a motion for reconsideration and giving statements to the media despite the overwhelming voice of the Filipino people approving of her running for president as shown in all national surveys and the high court’s decision to bar the Commission on Elections from disqualifying her in the coming May elections, her lawyer pointed out Thursday.
“The truth is already right before the very eyes of Sen. Poe’s detractors, but they refuse to see the truth, and what is the truth? That Sen. Poe is qualified to run for president and that the majority of the Filipino people want her to run as president” lawyer Pearlito Campanilla, media bureau head of the Grace Poe Legal Team said in an interview.
“Noteworthy to mention herein that the dispositive portion of the Supreme Court’s decision on Senator Poe’s disqualification cases categorically states: ‘… Petitioner MARY GRACE NATIVIDAD SONORA POE-LLAMANZARES is DECLARED QUALIFIED to be a candidate for President in the National and Local Elections of 9 May 2016..’,” Campanilla said, quoting the decision.
“In law, the dispositive portion is the most important part of a court’s decision. It is the investitive or controlling factor that determines and settles the rights of the parties and the questions presented therein. It dominates notwithstanding the existence of statements or declaration in the body of said decision that may be confusing and regardless of the separate opinions of the justices who penned it,” Campanilla stated.
“There is no iota of doubt that Senator Poe was declared as a qualified candidate by the Supreme Court and unless reverse, we are steadfast to ensure that this information be disseminated to the general public in an undiminished, untainted and unadulterated form,” he added.
“We chose not to comment on an alleged letter of the esteemed election lawyer Atty. Romy Macalintal, along with all letters/opinions offered by other esteemed legal experts on the disqualification cases of Senator Poe, for there is still a Motion for Reconsideration filed by her detractors that is up to be decided by the Supreme Court,” Campanilla said.
“Although it is quite remote that the said Motion for Reconsideration will be granted, technically speaking, the case is still ‘sub judice’ or in layman’s term, under court consideration. The sub judice rule restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.”
“Anyone violating the sub judice rule can be cited for indirect contempt of court under Section 3(d), Rule 71 of the Rules of Court and can be penalized by fine or imprisonment,” he said.