David files motion for reconsideration of Poe's case before SET

MANILA, Philippines - Defeated senatorial bet Rizalito David on Monday filed a motion for reconsideration on the Senate Electoral Tribunal's (SET) decision on the disqualification case against Sen. Grace Poe.

Last week, the SET voted in favor of Poe and dismissed the case filed against the presidential aspirant.

David noted that the SET chair, senior Associate Justice Antonio Carpio,  along with Associate Justice Teresita Leonardo-De Castro, Associate Justice Arturo Brion and Sen. Nancy Binay dissented from the majority opinion.

Meanwhile, Sens. Loren Legarda, Vicente "Tito" Sotto III, Cynthia Villar, Paolo Benigno "Bam" Aquino IV and Pia Cayetano voted to dismiss the petition.

The petitioner cited Rule 84 of the Revised Rules of the SET, "A decision of the tribunal shall become final 10 days after receipt of a copy thereof by the parties or their counsel, if no motion for reconsideration is filed."

David received a copy of the decision, where the petition for quo warranto is dismissed, on November 17.

He pointed out that Poe cannot continue to be a senator nor become a president based on a presumption that she is a natural-born Filipino.

On the other hand, Carpio stressed that granting Poe a natural-born citizen status violates the Constitution.

The SET chair released a 35-page opinion over the weekend, rebutting the majority opinion of the five senators who voted in favor of Poe.

“The citizenship requirement under the Constitution to qualify as a member of the Senate must be complied with strictly. To rule otherwise amounts to a patent violation of the Constitution. Being sworn to uphold and defend the Constitution, the members of this tribunal have no other choice but to apply the clear letter and intent of the Constitution,” Carpio said.

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