Doubts hover over Poe despite SC final word

Sen. Grace Poe INQUIRER FILE PHOTO

The Supreme Court may have handed down its final word on the issue, but it does not erase doubts about the qualifications of presidential candidate Grace Poe.

The petitioners and others who lost their bid to disqualify Poe, the front-runner in the presidential race, said further legal action may still be initiated against Poe before the elections and after, if she should win.

The high court on Tuesday threw out three motions for reconsideration against its March 8 ruling that upheld Poe’s qualification to seek the presidency.

The ruling voided with finality the Commission on Elections resolutions canceling Poe’s certificate of candidacy for President on the ground that she had falsely declared that she was a natural-born citizen and has resided in the country for 10 years before the May elections.

The court has not made a formal announcement of the decision as the full ruling and separate opinions by the magistrates are expected to be released on Saturday.

Manuelito Luna, the counsel for petitioner Kit Tatad, said the court’s decision was contrary to the rule of law.

“If the report is true that some members of the high court voted to affirm their earlier questionable ruling in the Poe cases, then we can kiss the rule of law goodbye and brace ourselves for the worst,” said Luna.

He said a second motion for reconsideration could still be filed to fight the high court ruling, based on the exceptions under the Internal Rules of the Supreme Court.

“Insofar as respondent Tatad and I are concerned, the quest for justice does not end here. In fact, it [has] just begun.  As soon as we receive the resolution of the court, we will decide whether to seek a second reconsideration based on the internal rules of the SC and in the higher interest of justice,” Luna said in a text message.

Under the Rules of Court, second and subsequent motions for reconsideration are prohibited, on the principle that a ruling must become final and litigation must end at some point.

But Luna is counting on Section 3, Rule 15 of the Internal Rules of the Supreme Court, which says an exception to the bar on further reconsideration pleas “can only be granted in the higher interest of justice by the court en banc upon a vote of at least two-thirds of its actual membership.”  With a report from DJ Yap

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