SC votes on Poe DQ, but defers ruling release

MANILA, Philippines – The Supreme Court (SC) resolved yesterday the appeals on its March 28 ruling which declared Sen. Grace Poe qualified to run for president in the May elections.

But the high court opted to defer the release of the ruling.

“The decision will be announced on Saturday,” SC spokesman Theodore Te said following the full session of the justices in Baguio City.

Te said the magistrates did not offer an explanation why they set the release of the ruling on April 9, which is a holiday, Araw ng Kagitingan.

An insider said the justices agreed not to make any pronouncement about the decision until all the opinions of the magistrates have been submitted for their signatures.

With a 9-6 vote, the SC allowed Poe to run for president and reversed the Commission on Elections (Comelec) decision disqualifying her from the presidential race on March 8.

But when the concurring and dissenting opinions of the magistrates were released to the public three days later, various sectors raised issues on the SC ruling on Poe’s citizenship and residency.

Senior Associate Justice Antonio Carpio stressed in his dissenting opinion that there was no majority ruling to establish Poe’s eligibility as a natural-born Filipino, saying only seven justices voted in favor of the senator on her citizenship issue.

Aside from Carpio, five other justices said Poe could not be considered a natural-born Filipino for being a foundling and therefore not eligible for election to a national post.

Associate Justices Diosdado Peralta, Mariano del Castillo and Benjamin Caguioa did not vote on Poe’s citizenship issue.

Former University of the East College of Law dean Amado Valdez, one of four petitioners in the disqualification cases against Poe, urged Peralta, Del Castillo and Caguioa to reconsider their stand to settle the controversy before the elections.

The three other petitioners – former senator Francisco Tatad, De La Salle University professor Antonio Contreras and former Government Service Insurance System counsel Estrella Elamparo – filed their joint motion for reconsideration last month and asked the SC to reverse its ruling.

The Comelec has filed a separate appeal asking the high court to hold another voting on Poe’s citizenship and residency issues.

The poll body agreed with Carpio’s dissent that there was no majority vote finding Poe as a natural-born Filipino and qualified to become president.

The Comelec and the petitioners insisted that Poe is not eligible for the presidency for not being a natural-born citizen and not meeting the 10-year residency requirement under Article VII Section 2 of the 1987 Constitution.

In the assailed ruling penned by Associate Justice Jose Perez, the SC held that there was no material misrepresentation on the part of Poe when she declared in her certificate of candidacy that she is a natural-born Filipino and a resident of the Philippines for 10 years.

The Integrated Bar of the Philippines and Philippine Bar Association, two major organizations of lawyers in the country, have expressed concern over the SC ruling. They said it could have repercussions on the stability of the country’s legal system.

Poe hopes SC won’t reverse ruling

Poe has expressed hope that the SC would uphold its decision allowing her to run for president.

“I am confident that the SC will affirm its decision,” Poe said in an interview after attending a proclamation rally of local bets in Valenzuela City on Monday night. – With Christina Mendez