Davao City Mayor Rodrigo Duterte has finally made the long awaited jump into the presidential sweepstakes.
But what surprised everybody is his explanation that he decided to run in protest of the Senate Electoral Tribunal’s (SET) decision declaring Senator Grace Poe a natural-born citizen and therefore qualified to run for president.
The implication is immodest to say the least that he is running because he will win and prevent an unqualified American candidate from winning.
Duterte’s decision to run breathes life into the vice presidential candidacy of Senator Alan Peter Cayetano, who is Duterte’s running mate.
“I am running for president because I am so disappointed and sad about the (SET) ruling. If you run for the highest post of the land, it must be reserved for a Filipino. I have nothing against Poe but if ever she makes it, she will be a presumptive president by citizenship.”
The camp of Senator Poe issued this statement: “Though we are saddened and do not agree with the position of Mayor Duterte on Senator Poe’s citizenship and the status of foundlings, his decision to seek the presidency will make our democracy stronger and more vibrant.”
“The more choices the people have, the better. Clearly, his entry to the presidential race will raise the discourse on issues this coming election,” Poe’s spokesman Valenzuela Mayor Rex Gatchalian said.
According to SET chairman and Supreme Court Senior Associate Justice Antonio Carpio, granting Senator Poe a natural born citizen status violates the Constitution.
In a 35-page opinion, Carpio rebutted the majority opinion of Senators Vicente Sotto III, Bam Aquino, Pia Cayetano, Cynthia Villar and Loren Legarda in the nine-member SET that Poe should be considered a natural-born Filipino despite being a foundling, saying 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.
He further stated that the members of the tribunal have no other choice but to apply the clear letter and intent of the Constitution, being sworn to uphold and defend the Constitution.
Carpio described the position taken by the five senators as a sentimental plea that conveniently forgets the express language of the Constitution reserving those high positions, in this case the position of senator of the Republic exclusively to natural-born Filipino citizens.
Carpio further stated that there is no Philippine law automatically conferring Philippine citizenship to a foundling at birth. Even if there were, such a law would only result in the foundling being a naturalized Filipino citizen, not a natural-born Filipino citizen. He added there is no legal presumption in favor of Philippine citizenship.
Meanwhile, President Aquino dismissed the latest Pulse Asia survey, placing Mar Roxas in third place with 21 percent behind Senator Grace Poe and Vice President Jejomar Binay.
He expressed confidence Mar Roxas has still a lot of time to catch up.
Rep. Miro Quimbo, Liberal Party (LP) spokesman, welcomed the entry of Mayor Duterte in the 2016 presidential race.
Osmeña prediction
Senator Sergio Osmeña III, erstwhile political ally and adviser of Senator Grace Poe, predicted the Supreme Court (SC) will reverse the SET ruling, pointing out the SET majority of five senators was based on political reasoning rather than legal merits.
With the three SC justices in the SET presenting strong and convincing legal and constitutional arguments against Senator Poe’s claim of being a natural-born Filipino citizen, it is reasonable to expect that the 12 other SC justices will decide along the same lines.
With the three SC justices in the SET inhibiting themselves, only 12 justices will decide the matter requiring only a majority of seven.
The three SET justices who voted to disqualify Poe pointed to the inescapable conclusion that she is not a natural-born Filipino citizen and that she failed to fulfill the requirement for an elective post under the law.
While the three Associate Justices of the High Tribunal are looking purely at a legal point of view and were united to declare Poe not qualified to become a senator, some critics are saying the voting process in SET turned out to be political since the five senators who voted in her favor came from the ranks of her colleagues in the Senate.
For Rizalino David, he considered the decision as a moral victory since the three justices are in his favor. He pitied the five senators for failing to rise above their political nature.
Manny Luna, David’s lawyer, said the five senators violated the Constitution with its legally infirm decision as well as political votes cast to accommodate Poe. The five senator-judges failed to uphold judicial integrity. He believes those with legal minds, with legal perspectives are going to vote against Poe.
P-Noy’s presidency as a valuable learning experience
Attending his last Association of Southeast Asian Nations (ASEAN) Summit in Kuala Lumpur, President Benigno Aquino III took every chance to thank his fellow leaders for the courtesy and camaraderie they have accorded him throughout his term.
He further said that his presidency thrust him into a role of a diplomat, and he must say that it was truly a valuable experience for him. His interactions with fellow leaders have led him to such growth, not just personally but also for his entire country, as they pulled together and harnessed their solidarity to uplift the lives of the Southeast Asian people.
President Aquino also took the chance to call on the nine other leaders of ASEAN not to allow China to use force or threat to assert its claim to nearly all of the South China Sea in violation of international law.