SC: Grace can run
Sen. Grace Poe, attending an event marking International Women’s Day in Manila, celebrates after the Supreme Court handed down its verdict on her case yesterday. MIGUEL DE GUZMAN
9-6 vote reverses Comelec
MANILA, Philippines – In a landmark ruling, the Supreme Court (SC) yesterday allowed Sen. Grace Poe to run for president in the May 9 elections.
Voting 9-6 in full session, the court granted Poe’s petitions seeking to overturn the decisions of the Commission on Elections (Comelec) disqualifying her from the presidential election for material misrepresentation on her citizenship and residency eligibilities.
The majority agreed that the Comelec committed grave abuse of discretion in disqualifying Poe from the race.
“The SC grants Senator Poe’s petitions, allowing her to run for the presidency,” SC spokesman Theodore Te said.
But Te could not say if the decision covers both the citizenship and residency issues.
The ruling is not yet final and is subject to a motion for reconsideration, which should be filed within 15 days.
Those who voted in favor of Poe were Chief Justice Ma. Lourdes Sereno and Associate Justices Presbitero Velasco Jr., Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza, Marvic Leonen, Francis Jardeleza and Alfredo Benjamin Caguioa.
The six who voted to deny Poe’s petition were Senior Associate Justice Antonio Carpio and Associate Justices Teresita Leonardo-de Castro, Arturo Brion, Mariano del Castillo, Estela Perlas-Bernabe and Bienvenido Reyes.
Perez wrote the ruling, which has not been released pending signature of all justices, with four concurring opinions from other justices.
Te did not explain the grounds used by the SC since the main decision was not yet available.
The SC dismissed the Comelec’s First Division ruling, which canceled Poe’s certificate of candidacy due to questions on her citizenship and residency eligibility. The petitioners, former senator Francisco Tatad, De La Salle University law professor Antonio Contreras and former University of the East law dean Amado Valdez, raised these grounds.
The ruling makes permanent the temporary restraining order (TRO) issued by the high court last December against the Comelec disqualification on the first-term senator.
The high court struck down the poll body’s Second Division ruling, which canceled Poe’s certificate of candidacy (COC) based on the petition filed by Estrella Elamparo, former Government Service Insurance System lawyer.
Elamparo claimed Poe failed to meet the constitutional requirement of a 10-year residency for presidential candidates.
In her petition, Poe argued Comelec evaded its positive duty under the law, and utterly disregarded its own rules of procedure and settled jurisprudence, when it refused to dismiss outright the petitions led by Tatad despite the absence of a cause of action and did not cite applicable grounds under the Omnibus Election Code.
Poe said Comelec disregarded the Nov. 17, 2015 decision of the Senate Electoral Tribunal dismissing the disqualification case against her on questionable citizenship status.
Poe also accused Comelec of disregarding basic international law provisions on citizenship as well as applicable international human rights instruments ratified by the Philippines that created an affirmative obligation to consider foundlings as natural-born citizens.
She also insisted that she committed a mistake in her COC in good faith, saying she did not intend to mislead or deceive when she stated that her period of residence up to the day before election day 2016 would be 10 years and 11 months.
Correct and just
Solicitor General Florin Hilbay, who represented Poe instead of defending the Comelec in this case, welcomed the SC ruling.
“The Court did the right thing, the result is both legally correct and just. The decision will be a legacy of the court’s solicitous regard for marginalized groups and OFWs (overseas Filipino workers),” Hilbay said.
Poe, for her part, described the SC ruling as “a victory for truth, justice and for the oppressed.”
Poe said she learned of the SC ruling while on her way to attend the International Women’s Day celebration at Liwasang Bonifacio in Manila.
Poe said that her vehicle was near Quiapo Church at that time and so she decided to get off and say a prayer of thanks.
“It was as if I was being told to get down and give thanks (to God),” Poe said.
“I also wish to thank the Supreme Court for recognizing the truth, justice and above all, the protection of the oppressed,” she added.
In her speech at the event, Poe said the timing of the SC ruling seemed to be influenced by divine intervention.
“I supposed that God wanted me to receive the news on this day. We all know that in our country, while there are opportunities and wealth, these are not experienced by many and these people are left behind,” she said.
Poe’s camp described the ruling as a victory for democracy.
“This decision is a victory not only for Senator Poe but for all the foundlings in our country as well as a victory for our democracy. This decision truly shows that our country’s laws protect all but most especially those who are downtrodden,” Poe’s spokesman Valenzuela City Mayor Rex Gatchalian said.
“Furthermore, this decision is a victory for our democracy because now our voters will truly have a fair elections where they will be allowed to choose from a complete list of candidates,” he added.
Poe’s running mate, Sen. Francis Escudero, said he is happy that justice prevailed.
“The Supreme Court once again sided with the rule of law in upholding the petition of Sen. Grace to reverse the partisan, biased and unfounded decision of the Commission on Elections disqualifying her from the presidential race,” he said.
Escudero said the SC decision dispelled rumors that some quarters tried to bribe some justices with P50 million each to vote against Poe. Malacañang, on the other hand, denied the insinuations, saying these were speculative.
Escudero added the SC decision is not only a victory for Poe but also for other foundlings.
While the other parties may file a motion for reconsideration, Escudero said it is hard to overturn the decision of nine justices as against the six others.
Comelec Chairman Andres Bautista said the poll body did its job in the disqualification case against Poe.
Bautista said the Comelec would respect the ruling.
“The Supreme Court, since it has ruled on the matter, we have to respect it,” he said.
Comelec Commissioner Arthur Lim congratulated Poe, but expressed hope that the decision of the high court will not derail the rule of law.
He said Comelec would meet and decide whether to file a motion for reconsideration on the SC ruling.
Election lawyer Romulo Macalintal said the Supreme Court ruling on Poe’s disqualification showed that the court has compassion and care for foundlings.
“Indeed, if the SC could be compassionate in rendering justice to an erring judge, then with more compassion should justice be rendered in favor of foundlings seeking to be recognized as a citizen of the country and not to be treated as a ‘stateless’ individual in the country where he or she was found,” Macalintal said.
‘A dangerous result’
The petitioners Tatad, Elamparo, Contreras and Valdez, on the other hand, said they were caught unprepared by the SC ruling.
Tatad’s lawyer Manuelito Luna said they would appeal the SC decision, which he described as a “dangerous result.”
“A perfect recipe for chaos. The Constitution was bastardized. The people will never accept it. We will file a motion for reconsideration as soon as it becomes official,” he said.
Elamparo shared this opinion. “Although I’ve been hearing about this scenario, I am still shocked because the law is so clear. I cannot comment beyond that because I have not read the decision,” she stressed.
Contreras believes the decision was a loss for the rule of law.
“I will try to respect the decision that I vehemently reject. Nine members of the Court decided to reverse the well-established jurisprudence on residence. I pity those who were disqualified earlier who were similarly situated as her. It is surely one of the lowest point in the history of our country,” he said.
Valdez, for his part, alleged the justices in the majority ruling have committed an impeachable offense with their decision.
The high court heard the oral arguments from both parties from Jan. 19 to Feb. 16, on five consecutive Tuesdays.
Poe fought hard in the disqualification cases against her before it reached the Supreme Court.
In November 2015, the SET voted 5-4 to deny the petition to disqualify Poe from the Senate.
A month later, the Comelec in full session disqualified Poe from the presidential race.
The Comelec voted separately on the two cases involving the Poe’s citizenship and residency requirements.
The First Division handled the citizenship issue while the Second Division tackled residency. Both divisions of the Comelec previously ruled against Poe. – Marvin Sy, Mayen Jaymalin, Christina Mendez, Delon Porcalla, Eva Visperas, Manny Galvez, Robertzon Ramire
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