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SC upholds final ruling; Grace Poe allowed to run for president

The Supreme Court (SC) released on Saturday (April 9, 2016) in Baguio City its April 5 resolution that denied with finality the motions to reconsider its March 8 decision which allowed Sen. Grace Poe to run for president in the May 9 elections.

Senator Grace Poe (MB File Photo/ Camille Ante)

Senator Grace Poe (MB File Photo/ Camille Ante)

“No further pleadings or motions will be entertained, and let entry of judgment be made in due course,” the SC ruled on the cases filed by Poe who questioned her disqualification by the Commission on Elections (Comelec) for not being a natural-born Filipino and for lack of the 10-year residency.

In a 9-6 vote on the decision written by Justice Jose Portugal Perez, the SC had earlier declared that the Comelec abused its discretion in its disqualification rulings.

Chief Justice Maria Lourdes P. A. Sereno and Justices Presbitero J. Velasco Jr., Diosdado M. Peralta, Lucas P. Bersamin, Jose Catral Mendoza, Marvic Mario Victor F. Leonen, Francis H. Jardelez, and Alfredo Benjamin Caguioa voted, aside from Perez, to grant Poe’s petitions and allow her as a presidential candidate.

All of them maintained their votes in denying the motions to reconsider the March 8 decision.

Those who dissented were Senior Justice Antonio T. Carpio and Justices Teresita J. Leonardo de Castro, Arturo D. Brion, Mariano C. del Castillo, Bienvenido L. Reyes, and Estela M. Perlas Bernabe who was not present in Baguio City when the motions were taken up but she notice of her dissenting vote.

Justice Carpio said the SC again failed to come up with a clear majority ruling on issue of Poe’s citizenship in resolving the motions for reconsideration.

He said the justices maintained their 7-5-3 vote on issue on whether or not Poe is a natural born Filipino.

Those who maintained their votes that Poe is presumed to be a natural-born citizen were Sereno, Velasco, Bersamin, Perez, Mendoza, Leonen, and Jardeleza.

Carpio, De Castro, Brion, Reyes, and Bernabe kept their votes that Poe is not a natural-born Filipino for failure to establish Filipino blood lineage as required by Law.

Peralta, Del Castillo and Caguioa voted it was premature to settle the citizenship issue, which could only be determined by the Presidential Electoral Tribunal (PET) in an election protest against Poe should she win the May 9 elections.

“In short, the issue of Poe’s citizenship remains hanging and unsettled,” Carpio said.

He pointed out that the “majority ruling will allow a candidate with unsettled citizenship to be elected President” and such ruling “will lead to an absurd result.”

“All qualifications of those running for the presidency must be resolved by Comelec prior to elections… Otherwise, all nuisance candidates must now be allowed to run,” he stressed.

De Castro, Brion, and Reyes concurred with Carpio’s opinion.

However, Chief Justice Sereno in her concurring opinion said “the minute resolution that denies the motions for reconsideration accurate reflects the understanding of this Court—that the motions do not raise any new substantial argument, and that all the issues that the motions raise have already been passed upon in the 8 March 2016 decision.”

“Nevertheless, due to the strong feelings expressed by some of our dissenting colleagues, the Court decided to delay the release of the resolution dismissing with finality the Motions for Reconsideration and to await submission of their dissents. Some of them may believe that a minute resolution will not do justice to the motions, but that is their view, and that view remains a dissenting view,” Sereno stressed.

“The candidates must be allowed to move on; the electorate must no longer be distracted by the skirmishes before this Court. It serves no good purpose for baseless howls of protest to amplify today’s ambient noise,” she said.

The notice of resolution dated April 5, 2016 and released on Saturday by Clerk of Court Atty. Felipa Anama stated:

“Acting on the following motions for reconsideration (of the Decision dated March 8, 2016), the Court Resolved, by the same vote of 9-6, to DENY WITH FINALITY the said motions for reconsideration as the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal of the questioned Decision.”

The SC said that to disqualify a candidate there must be a declaration by a final judgment of a competent court that the candidate sought to be disqualified “is guilty of or found by the Commission to be suffering from any disqualification provided by law or the Constitution.”

In concluding that Poe is a natural-born Filipino, the SC said that the senator’s “blood relationship with a Filipino citizen is demonstrable.”

“There is more than sufficient evidence that petitioner has Filipino parents and is therefore a natural-born Filipino… the burden of proof was on private citizens to show that petitioner is not a Filipino citizen,” it said.

On the residency issue, the SC ruled that “Poe’s claim that she will have been a resident for ten (10) years and eleven (11) months on the day before the 2016 elections is true… as he presented voluminous evidence to show that she and her family abandoned their US domicile and relocated to the Philippines.”

  • silangstupid

    Stop it and move on.

  • Naldo

    Presidential Electoral Tribunal on May 10. See ya.

  • Kath Kidston

    SENYORA SANTIBANEZ ENDORSES DUTERTE.

    https://youtu.be/IjHkqZr3pIw

    • Randolph Ecalne

      DUDIRTY IS KEEPING DEATH SQUAD IN DAVAO CITY, A HUMAN RIGHTS VIOLATOR AND A PROVEN WOMANIZER. IF DUDIRTY BECOMES PRESIDENT HE WILL FEED HIS MISTRESSES AND FAMILIES WITH TAXPAYERS MONEY. NO TO DUDIRTY AND BAYOT CAYETANO.

  • silangstupid

    Kahit ano pa ang sabihin nina carpio, ang panalo pa rin sa botohan ay ang unang judgement na ginawad na si Grace Poe ay pwedeng tumakbo na presidente ng Pilipinas. Hindi ko maintendihan kung bakit tinaggap ang pettetion na baguhan ang naunang decision kung wala naman rason na bago para ipadesqualify si Grace Poe. Pwede lang tanggapin ito ng supreme court kung may bagong mabigat na reason na dapat irreconsider ang naunang decision. Bangad na talaga si carpio sa mga ruling.

  • Lamon Lamon

    HOORAY JUSTICE SERENO AND OTHER 6 JUSTICES …YOU ALL WILL BE BLESS
    BY OUR ALMIGHTY GOD..MABUHAY KAYONG MAKATAO AT MAKA DIYOS NA JUSTICES

    BRAVO TO OUR DEAR SENATOR GRACE POE WE WILL BEHIND YOU ALL THE WAY IN MAY
    9,2016.LET US VOTE FOR THE COMPETENT ,UNTAINTED CANDIDATE SENATOR GRACE
    POE

    Her husband is not anymore in air force ,move on … besides why are
    we asking for american’s help ,why do we have edca? because we can
    not fight china alone… tapos minamallit mo ang asawa ni Senator Grace
    Poe?

    …i can not understand our people … pagmay- kailangan sa
    mga americano ay ok tayo ….. pagkatapos na tulungan ay tinututya na
    ang mga taong ng nag silbe sa America… there is no difference to those
    Philippine army last world war two who helped the Americans killedl
    the Japanese …

    Mabuhay ka Grace Poe at ang iyong familya ..

    Sana lahat ng mga tao ay tangapin na ang katutunayan na si senator
    grace poe ay natural born citizen …ang mga foundlings at na meet ni
    senadora grace poe ang 10 years nakailangan taon para tumakbo sa
    pagka-presidente.

    THANK YOU TO ALL 7 SUPREME COURT JUSTICES WHO
    VOTE FOR SENATOR GRACE POE …MAY YOU AND YOUR FAMILY WILL GRANT BY OUR ALMIGHTY GOD BOUNTIFUL BLESSING .

    CONGRATULATIONS SENATOR GRACE
    POE … HOPEFULLY YOU WILL WIN ALSO THIS COMING MAY 9 ,2016 ELECTION ..I
    KNOW OUR GOD WILL GIVE US A PRESIDENT WHO IS COMPETENT , SINCERE TO
    MAKE OUR NATION PROGRESS.

    I like to congratulates senator Grace Poe for winning her case in
    supreme courts .i like to say my sincere gratitude to all 7 supreme
    courts justices that vote for senator Grace Poe case ..Most of all my
    fervent prayers for senator grace poe to win the case is answered by our
    Almighty God Jesus Christ ….thank you ,thank you God for your endless
    answered prayer ko .hopefully you will let senator Grace Poe win in the
    may 9,2016 presidential election .

    Carpio is sore loser. Namumulitika na. Common sense na lang papano
    magiging naturalized citizen si Grace Poe ever since naman ay may
    Filipino passport siya before siyang maging US citizen. Then she re
    acquired her Filipino citizenship

  • GeoSan

    FINAL….The next President of the Philippines is Grace Poe. Now more undecided voters and local officials will show up and publicly endorse Grace Poe. OFW’s and Filam’s are proud and happy with the results.

    • Naldo

      Not so fast. China has spent so much money on DoDirty not to let that happen.