Page 28 - Hello Philippines December 2015 'B' ISSUE

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Poe to ask Comelec to
reconsider COC cancellation
MANILA - The camp of Senator
and presidential aspirant Grace
Poe said on Friday that she will file
within five working days a motion for
reconsideration before the Commission
on Elections (Comelec) en banc
regarding the ruling on canceling her
Certificate of Candidacy (COC).
In a statement, Atty. George Garcia
also said that the latest decision
emanating from Comelec does not
change anything as far as the candidacy
of Sen. Grace Poe is concerned.
Garcia stressed that the decision of
the Comelec First Division canceling
Poe’s certificate of candidacy (COC) for resolved, to grant the petitions and
president would not affect the fact that cancel the certificate of candidacy of
Poe’s name would remain on the ballot
pending final judgment on her case by
no less than the Supreme Court.
‘Fight will go on’. “The Supreme
Court will have the final say, and,
unless the Supreme Court renders a
decision, the fight will go on.”
Voting 2-1, the COMELEC’s First
Division ruled in favor of petitioners
Antonio Contreras, Francisco Tatad
and Amado Valdez, known allies of
other presidential contenders, in their
bid to remove Poe from the presidential
race by questioning her citizenship and
residency status.
Commissioners Rowena Guanzon
and Luie Tito Guia voted in favor
of granting the petitions, while
Commissioner Christian Robert Lim
dissented.
Garcia said Lim’s dissenting
opinion, which is detailed in 81 pages,
is a welcome development and could be
useful if the case reaches the Supreme
Court.
Voting 2-1, the First Division of
Comelec granted three petitions to
disqualify Sen. Grace Poe from the
Sen. Chiz urges Comelec to keep Poe’s name in 2016 ballot
MANILA - Senator Francis “Chiz” ballot despite the unfavorable rulings Leadership Summit held in the province dyan ay aakyat pa sa Comelec en banc. and existing local and international
Escudero said the Commission on of its two divisions on her presidential of Isabela, Escudero said that until the Magdedesisyon ang en banc at hindi yan laws.
Elections (Comelec) should keep the candidacy.
name of Sen. Grace Poe on the 2016
Senators Grace Poe and Chiz Escudero during the filing of their certificate of candidacy, 15 October 2015. high tribunal by either party. the highest position on the land based Ernie Reyes / InterAksyon.com / December 13,
File photo by Jamin Verde
May 2016 presidential elections.
Material misrepresentation.
In a 49-page resolution, the First
Division Commissioners Luie Tito
Guia and Rowena Guanzon agreed
that Poe committed “material
misrepresentation” on her residency
and citizenship. the
“Premises considered,
commission resolved, as it hereby
Mary Grace Natividad Sonora Poe-
Llamanzares for the elective position
of president,” the ruling showed.
First Division presiding
Commissioner Christian Robert Lim
voted to disagree and submitted an 81-
page dissenting opinion.
The petitions were filed by De La
Salle University professor Antonio
Contreras, former Sen. Francisco Tatad
and former University of the East -
College of Law Dean Amado Valdez.
Colmenares: ‘Stamp pad’. For his
part, Poe ally and Bayan Muna partylist
Representative Neri Colmenares said:
“Comelec is behaving like a stamp pad
of Malacañang and the Liberal Party,”
“The legal battle is shaping up to
reach the Supreme Court and the
streets as well,” he observed.
Colmenares, a senatorial candidate
under Poe’s slate, noted that the high
court in 1995 [Imelda Romualdez
Marcos vs. COMELEC G.R. No. 119976
September 18, 1995] had previously
ruled on the case involving Comelec
versus former First Lady Imelda
Marcos when she ran for the first
district of Leyte’s seat in the House of
Representatives.
“Senator Poe has been residing
in the Philippines since May 2005,”
Colmenares said.
Speaking before the Cauayan City the disqualification cases filed against panahon pa iakyat sa Supreme Court,” namin ni Senator Grace ang batas
NEWS December 2015 / Fortnightly – No. 24 • UK & Europe Edition
“The Comelec should not reinterpret
the SC decision and discriminate
against Sen. Poe just because she’s
leading the surveys,” he added.
Fact of residence. In that 1995
case, the Supreme Court stated that
“it is the fact of residence and not a
statement in the COC which ought to
be decisive in determining whether
or not an individual has satisfied the
constitution’s residency qualification.”
As part of her defense, Marcos said
that she committed an honest mistake
in stating “seven months” because she Senator and presidential aspirant Grace Poe explains her position regarding the citizenship and residency
thought the question pertained to the issues being put up against her. File photograph by Jamin Verde.
period of residency prior to the filing of
the COC.
In a separate statement, Poe’s legal team, would not know how to changed the same to the Philippines on
spokesman and Valenzuela correctly declare the facts material to May 24, 2005.”
Representative Rex Gatchalian said their her candidacy for the May 13, 2014
camp would exhaust all legal means elections,” the ruling said. The ruling showed that Poe belied
available to overturn the decision. her own declaration in her COC for
The decision found that Poe failed to president that she has been residing
“We are optimistic and hopeful prove that she is a natural-born Filipino, in the Philippines or 10 years and 11
that the commissioners of the Comelec she could not invoke Republic Act No. months as of May 9, 2016 “by her own
will change their opinion once they 9225 under which she supposedly admission in her COC fro senator (in
review our appeal, the same way reacquired her natural born status 2013) that she had only been a resident
Commissioner Lim saw the merits of after becoming an American citizen. of the Philippines for a period of six
our position,” Gatchalian said. years and six months up to May 13,
On the issue of her residency, the 2013.
Honest mistake. The decision held Comelec did not find “conclusive
that “the respondent committed material evidence to show that respondent Saddened, hurt.While Poe had
misrepresentation in her COC when she had decided to establish, and in fact already acknowledged that the chances
declared therein that she has been a established, her permanent domicile in of getting a favorable decision from the
resident of the Philippines for a period of the Philippines” as far way back as May First Division were possibly slim, she
10 months and 1 month as of the day of 25, 20905. was still saddened and hurt that the
the elections on May 9, 2016.” Comelec decision seemed to strip her
Residency in US. “Further, of a nationality.
It brushed aside the claim of Poe’s notwithstanding all these
camp that she committed an “honest arrangements, which were made while She, however, assured her
mistake” when she indicated on her respondent was a citizen of the United supporters that she is not backing
COC for senator in the 2003 elections States, it bears emphasizing that the down from the race.
that she had been a resident of the respondents husband remained a
Philippines for six years and six months. resident of the United States in May “I assure you that I am still a
2005 where he kept and retained his candidate for president. Let us fight for
“It is incredible to think that employment,”the decision reads. genuine democratic elections, where
respondent, a well-educated woman the people’s welfare takes front and
and already then a public servant The decision showed that Poe center,” said Poe.
with full staff support, including a even traveled five times to the United
States using her US passport. “During Meanwhile, Poe’s appeal on the 3-0
this time and even after she filed her ruling of the Second Division remains
petition for repatriation between 2006 still pending. By: Ernie Reyes / Jet Villa / Lira
to 2010, negate her claim that she
abandoned her domicile in the US and Dalangin-Fernandez / InterAksyon.com / December 11,
2015 / 7:32 pm n InterAksyon.com / November 14, 2015
/ 9:51 pm
Supreme Court rules with finality on magiging final and executory dahil may “Nagtitiwala kami na kakampi
Poe, his running mate is still in the said Escudero, who was joined by Poe at kakatigan ng Korte Suprema ang
presidential race. and Partido Galing at Puso senatorial katotohanan at hustisya,” he said.
“Para sa akin dapat isama ang bets Bayan Muna Rep. Neri Colmenares Among those who attended the
pangalan ni Senator Grace hanggang and ACT-CIS Rep. Samuel “Sir TsiP” leadership summit on Saturday were
hindi nagbibigay ng pinal na desisyon ang Pagdilao. Isabela Gov. Faustino “Bodjie” Dy III,
Korte Suprema tungkol sa mga petisyon But the vice presidential candidate Cauayan City Mayor Bernard Faustino
na inihain laban sa kanya,” Escudero shared his sentiments with the local M. Dy, Benito Soliven Mayor Benjamin
told the gathering of more than 3,000 officials on the apparent haste in Sanglay, Cabatuan Mayor Charlton Uy,
mayors, vice mayors, and barangay deciding on the disqualification cases Roxas Mayor Benedict Calderon, Luna
officials in the province. “Inuulit ko po against Poe when the Comelec has yet Mayor Jaime Atayde, Jones Mayor
na si Senator Grace ay kandidato pa rin to purge the official candidates’ list of Leticia Sebastian, Alicia Mayor Ian Dy,
natin sa pagka-pangulo.” obviously nuisance candidates. Aurora Mayor William “Tet-Tet” Uy,
Escudero explained to local “Nagtataka ako bakit nauna pang and Cordon Mayor Laurencio Zuniega.
government executives that the rulings i-disqualify si Senator Grace kaysa San Mateo Vice Roberto Agcaoili,
of the First and Second Divisions on the sa mga kandidatong ang pangalan ay Ramon Vice Mayor Jon-jon Dela Cruz,
four petitions filed against Poe with the ‘Intergalactic’ at ‘Satanas,’” he said. San Guillermo Vice Mayor Edgar
poll body will still be tackled by the Escudero maintained that Poe is a Guyud Sr., and Jones Vice Mayor
Comelec en banc, whose decisions are natural-born citizen and a resident of Ronaldo Lucas, as well as barangay
expected to be challenged before the the country, and thus qualified to run for officials, also joined the gathering. n
“Apat na kaso yan at ang desisyon on facts, previous high court rulings, 2015 /12:46 pm