Appeal to reverse SC ruling on Poe DQ case up for deliberation
The appeal to reverse the March 8 Supreme Court decision declaring that Senator Grace Poe is qualified to run for President in the 2016 polls is up for deliberation.
A court insider revealed on Sunday that the motions for reconsideration filed by the Commission on Elections (Comelec) and the four individuals pushing for Poe’s disqualification is set to be tackled during the high court’s first summer session in Baguio City.
Aside from Poe’s case, the high court also considered a “priority” other election related cases, considering that the May 9 polls is almost a month away.
The high court, last March 8, voted 9-6 in favor of Poe that there was no material misrepresentation when she indicated in her certificate of candidacy (COC) that she is a natural-born Filipino and has been a resident of the Philippines for 10 years—the two basic requirements under the Constitution for someone aspiring for the highest position in the country.
READ: SC rules in favor of Poe in DQ case
If the high court affirms its March 8 ruling, the case will become final. But if it will be reversed, Poe may still file an appeal and will have to be tackled again by the high court.
Comelec, in its motion for reconsideration, urged the high court to re-deliberate on the case because there was no majority ruling on the question of her citizenship.
Senior Associate Justice Antonio Carpio revealed in his dissenting opinion that only seven of the 15 justices ruled on the citizenship issue of Poe.
READ: Poe’s presidential run a mockery of PH elections – Justice Carpio
Of the nine justices who voted that there was no misrepresentation on the part of Poe, Associate Justices Alfredo Benjamin Caguioa and Diosdado Peralta limited their concurrence to the existence of grave abuse of discretion.
The same appeal added that Poe cannot be considered a Filipino citizen based on the statistics cited by the Office of the Solicitor General.
Former Senator Francisco “Kit” Tatad, De La Salle University Professor Antonio Contreras, former Government Service Insurance System (GSIS) counsel Estrella Elamparo, and former University of the East College of Law Dean Amado Valdez also filed motions for reconsideration. JE
