SC votes on Poe DQ on Tuesday

MANILA, Philippines – The Supreme Court (SC) is set to rule next week on the disqualification case of Sen. Grace Poe in the presidential race.

A court insider revealed the justices decided yesterday to deliberate on Poe’s petition questioning her disqualification by the Commission on Elections (Comelec) in their next regular session on March 8.

The source said the voting was set after the justice-in-charge submitted a draft decision, but the other magistrates asked for more time to come up with their respective concurring or dissenting opinions.

“The draft decision was already circulated… (Justices) will vote next week,” the source told The STAR in a text message.

The insider revealed the draft ruling upholds the Comelec decision disqualifying Poe for material misrepresentation in her certificate of candidacy by claiming she had met the 10-year residency requirement before the May 9 elections.

It was also learned that the draft decision was silent on the issue of eligibility of Poe as a natural-born citizen for being a foundling.

The justice-in-charge believes the SC can resolve the case without the need to rule on such contentious issue, the source pointed out.

The source, however, explained that other magistrates are expected to disagree with this opinion on the belief that the senator is eligible for the presidency and would meet the required residency.

The opinions due next Tuesday are also expected to differ on the issue of whether Poe is a natural-born citizen as a foundling.

Since the high tribunal has not actually deliberated on the draft ruling yet, the insider reiterated there is no truth to reports that they have already voted 9-6 or 8-7 in favor of Poe.

Earlier, observers said among the probabilities is a “middle-ground ruling” that would declare Poe as a natural-born citizen despite being a foundling but affirm her disqualification in the presidential race for lack of 10-year residency as required under the Constitution.

In that case, Poe would be able to run for president in the next general elections in 2022.

If a majority of the justices, however, decide to grant her petition on both citizenship and residency issues, there will be no more legal obstacles for Poe’s presidential bid in May.

Chief Justice Ma. Lourdes Sereno, for her part, gave assurance the SC ruling on Poe’s case would be released in due time.

“There will be no delay,” Sereno told reporters following a business forum in Pasay City.

Sereno also vowed to vote based solely on the merits of the case.

“I have never considered personal issues in deciding on cases,” Sereno said.

Disinformation campaign

Poe and running mate Sen. Francis Escudero slammed the reports, saying there are efforts to preempt the SC in its decision.

Poe said she also wanted the cases resolved so she can determine her fate in the run for the presidency, but expressed confidence that she will not be disqualified.

Asked about reports of the SC decision, Poe said she and some of her colleagues have heard of various versions of the outcome or even drafts of the SC decision but nothing is final.

“There are others who said it was the decision but still there are others who differed in their opinions regarding this case. We should wait for the official ruling, “ she said.

Escudero said there are apparent disinformation efforts aimed at ruining their campaign.

Escudero did not discount that some groups have resorted to conditioning the minds of the public.

He also thinks there are groups hoping to douse the support given by the Nationalist People’s Coalition (NPC) for their tandem.

Sen. Vicente Sotto III also downplayed reports about the draft SC decision.

“I also saw another draft which says otherwise,” he said.

Sotto said many NPC stalwarts have decided not to support any presidential candidate in case Poe is disqualified.

But Sotto expressed belief that Poe will remain in the running.

Senate President Franklin Drilon reiterated his call for the SC to expedite its decision on Poe’s disqualification cases.

Drilon, also vice-chairman of the ruling Liberal Party backing the presidential bid of Manuel Roxas II, noted Poe has been vigorously campaigning despite the uncertainties.

Malacañang, for its part, kept its distance from the reports.

“Out of respect for the SC’s independence, we prefer to await its decision on Senator Poe’s qualifications and will therefore refrain from commenting on its deliberations and decision making processes,” Secretary Herminio Coloma Jr. said.

The Comelec said Poe will not be delisted from the official ballot should the SC declare her disqualified.

Comelec Chairman Andres Bautista said more than 10.53 million official ballots have been printed. This comprises 25 percent of the 54.36 million official ballots that they will be printing.

“If we are going to again start printing from scratch, we might not be able to meet the deadline,” he said.

In case the SC rules to disqualify Poe from the presidential race, her votes will still be counted but would be considered “stray” votes.

Unlike the late OFW Family Club party-list Rep. Roy Señeres, Poe cannot be substituted on the ballots since she had indicated that she is running as an independent on her certificate of candidacy, Bautista said.

The Comelec earlier disqualified Poe, saying she is not a natural-born citizen as a foundling and has not met the 10-year residency requirement.

The poll body stressed Poe’s intention to stay in the country for good was absent since she decided to keep her US citizenship and continued to use her US passport until 2010 after returning here in 2005.

Comelec insisted before the SC during oral arguments that Poe reacquired her domicile in the country only on Aug. 31, 2006, which means her residency eligibility would still fall short by about three months.  – Delon Porcalla, Christina Mendez, Sheila Crisostomo