SC junks Tatad’s second MR to disqualify Poe

MANILA, Philippines – The Supreme Court (SC) yesterday junked the second appeal filed by former senator Francisco Tatad seeking a reversal of its final ruling that allowed Sen. Grace Poe to run for president.

In full court session in Baguio City, SC justices denied the motion for reconsideration filed by Tatad last week for lack of merit, SC spokesman Theodore Te said.

Tatad had earlier asked the high court to reverse its decision on the disqualification case against Poe over citizenship and residency issues despite the SC’s pronouncement that the ruling was final and that no more motions would be accepted.

The former senator invoked the rules of court, which allows filing of second appeal, especially on cases where issues have not been firmly resolved and where margin of votes is slim.

Tatad argued that the SC needed to explain and justify its final decision more than just issuing a resolution saying there was no new argument raised to warrant the reversal of its March 8 decision.

He alleged that the ruling “lacks doctrinal value” because “no majority opined that the petitioner is a natural born-Filipino and has met the residency requirement required by law.”

Through lawyer Manuelito Luna, Tatad reiterated his argument that Poe should not be allowed to run for president due to her citizenship and residency eligibilities under the Constitution.

Echoing the dissenting opinion of Senior Associate Justice Antonio Carpio, Luna said “since all 15 members of the SC took part in the deliberations on the issue and voted on the sole issue of whether to grant or dismiss the petitions, and less than a majority opined that Poe is a natural-born Filipino, then there is no ruling on her citizenship status.”

Luna also questioned the high court’s ruling that the Commission on Elections has no jurisdiction to rule on the merits of Poe’s case.

Tatad is one of four petitioners in the disqualification cases against Poe. The others are De La Salle University professor Antonio Contreras, former Government Service Insurance System chief counsel Estrella Elamparo and former University of the East law dean Amado Valdez.

Unlike Tatad, the other petitioners did not appeal the final SC ruling.

Free higher education

Meanwhile, Valenzuela City Rep. Sherwin Gatchalian said a Grace Poe presidency would make free higher education a reality.

Gatchalian, a senatorial candidate under Poe’s slate, said Poe had adopted as part of her platform his proposal to abolish tuition in state universities and colleges (SUCs).

“We welcome Senators Poe and (Francis) Escudero’s support for the measure which we have long been pushing in the House of Representatives. Their endorsement further strengthens our position that fully subsidizing tuition in SUCs is possible if there is political will,” he said.

Gatchalian is the author of House Bill 5905 also known as the Free Higher Education Act.

The measure seeks to subsidize tuition in all SUCs provided that students maintain good academic and moral standing. The bill has been approved at the House committee level.

Gatchalian said the measure would cost only one half of one percent of the country’s current P3-trillion national budget. – With Paolo Romero