GMA Brandtalk
Tracking
Archives
SET junks disqualification case vs. Grace Poe
(Updated 4:03 p.m.) The nine-member Senate Electoral Tribunal (SET) on Tuesday denied the petition to disqualify Senator Grace Poe over her citizenship issue.
SET member Sen. Loren Legarda said the tribunal – compsoed of six senators and three Supreme Court justices – voted 5-4 in favor of Poe, who is seeking the presidency in the 2016 elections.
"It was a vote of five to four. Five dismissing the petition of Mr. David, and four concurring with the petition of Mr. David. In short, five voted to uphold the natural born citizenship of Sen. Mary Grace Poe Llamanzares, and four voted against that," she said after emerging from the SET voting held at the Manila Polo Club in Makati City.
The disqualification case was filed by Rizalito David, a defeated senatorial candidate in the 2013 elections who said Poe, a foundling, is not a natural-born Filipino.
Legarda said that she and fellow senators Vicente Sotto III, Pia Cayetano, Cynthia Villar, and Bam Aquino voted to dismiss David's petition.
Those who voted in favor of the petition were Associate Justices Antonio Carpio, Teresita Leonardo-de Castro, and Arturo Brion and Sen. Nancy Binay, whose father, Vice President Jejomar Binay, is also vying for the presidency next year.
Not yet final
Legarda clarified that David still has the option to move within 10 days for the reconsideration of the SET decision. If David files an appeal, the tribunal will reconvene in early December to decide on the matter, she added.
"Hindi pa tapos ang proseso. Mayroon pang 10 araw na nakatakda para sa possible motion for reconsideration. So inabisuhan muna kami ni Associate Justice Tony Carpio na huwag muna magsalita tungkol sa issue," Legarda said.
She said that the SET will have to promulgate its final decision before December 10, the deadline of the printing of the ballots for the 2016 elections.
Legarda said she submitted a separate four-page opinion explaining her vote, which she would upload on her website.
"Gusto ko maliwanag ang boto ko. Gusto kong malaman ninyong pinag-aralan kong husto, siniyasat at ako mismo ang sumulat ng aking desisyon at hindi limitado sa mga legal na proceedings," she said.
The lawmaker added that her fellow SET members also submitted their respective opinions on the case.
Lunch longer than voting
Legarda, who arrived at the venue around noon, described the atmosphere during the voting as being "very calm, short, friendly."
"We respected each other's decision," she added.
Legarda said the SET members no longer debated over the issue, adding that they spent more time having lunch than deliberating on the issue.
"Sa nangyari kanina, wala nang debate unlike in the Senate. Kami ay nag-submit na ng aming opinyon, nakasulat na iyon. So humingi na lamang si chairperson Justice Carpio ng boto. Sabi niya, 'Who are those in favor of granting the petition?' So the four raised their hands," the lawmaker recounted.
"Then sabi niya, 'Who are those not in favor of granting the petition?' The five of us raised our hands. Ganoon ka-simple and then we said goodbye," she added.
'Beyond Grace Poe'
She said two draft decisions were prepared prior to the voting, one granting David's petition and the other junking it. After the voting, Legarda said "ni-route na iyong aming pinirmahan na majority decision dismissing the petition."
Legarda said "it was not easy" to vote on the case, adding that its outcome would have both legal and political implications.
"The most important thing, I think, is this will have a great implication on foundlings. This issue goes beyond Grace Poe. Ito ay makahulugan sa mga ampon na hindi alam ang kanilang pinanggalingan," said Legarda.
Lawyer George Garcia, Poe’s counsel, welcomed the decision, saying they are sharing it with the Filipino foundlings.
"We would like to share this victory to the thousands of Filipino foundlings," he said in a text message to GMA News Online. "Now your home finally as natural born citizens of this country! This is democracy as its best!"
For his part, Manuelito Luna, David's legal counsel, said the annoucement was "premature."
"It's premature. There's no announcement yet. I'll await the announcement," he said via text message.
No interviews
