Rise of Grace Poe

[Juan Martinez]

Saka bakit ba pinipilit niya na pareho daw sila ni FPJ regarding citizenship DQ? As fas as I know ibang issue yun Kay FPJ


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this was the main issue in fornier vs. comelec, et al.:

FPJ made a material misrepresentation in his certificate of candidacy by claiming to be a natural-born Filipino citizen when:

1) his parents were foreigners;
2) his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, being the son of Lorenzo Pou, a Spanish subject.
3) Granting that Allan F. Poe was a Filipino citizen, he could not have transmitted his Filipino citizenship to FPJ, the latter being an illegitimate child of an alien mother.

[minicarph]

Talaga father nya Allan Poe, parang Edgar Allan Poe yun writer

[Juan Martinez]

SET upholds decision in favor of GP

MANILA, Philippines – The Senate Electoral Tribunal (SET) on Thursday, December 3, upheld its decision denying the petition to disqualify Grace Poe as an incumbent senator of the Philippines based on claims that she is not a natural-born Filipino.

The tribunal, composed of 3 Supreme Court (SC) justices and 6 senators, convened Thursday at Sofitel Philippine Plaza Hotel to decide with finality on the motion for reconsideration filed by petitioner Rizalito David.

The Thursday vote is the same as the vote on the first verdict: 5-4 in favor of Poe. Media reports quoted SET member Senator Vicente Sotto III as saying, "Same vote. Motion denied."

David's camp has insisted that 5 of the senators in the majority voted "based on political considerations."

This means the SET still upholds Poe's natural-born status under the 1935 and 1987 Constitutions.

The final decision comes months after David sought the disqualification of Poe as senator both at the SET and at the Commission on Elections (Comelec).

The losing 2013 senatorial candidate, who is now running for president in the 2016 polls, alleged that since Poe is a foundling, there is a possibility she is not a natural-born Filipino and should have been disqualified as senator.

The Philippine Constitution requires that those elected as president, vice president, senator, and congressmen be natural-born citizens.

In the Comelec case, David's camp accused the senator of committing an election offense when she "falsely claimed" she is a natural-born Filipino and had met the residency requirement when she ran for the Senate in the 2013 elections.

The poll body will also decide soon on this case, but Poe's camp has sought its dismissal since it believes it "has been effectively extinguished" by the SET decision.

With Thursday's decision, Poe will continue serving as senator for now, but David still has the option to appeal the SET decision before the SC.

Poe is also eyeing the presidency in the 2016 elections, and is continues to lead in the latest presidential preference surveys despite the numerous disqualification cases against her.

But her presidential bid has already met its first roadblock: a Comelec division recently ordered the cancellation of Poe's certificate of candidacy for president because it "contains material representations which are false."

Contrary to the SET decision, the Comelec Second Division said that Poe, as a foundling, is not a natural-born Filipino. (READ: Cancellation of Poe's candidacy: 'Comelec execs can't be dictated to')

The division also ruled that Poe has not met the 10-year residency requirement for a president since she wrote in her 2013 COC for senator that she is a resident of the Philippines for 6 years and 6 months.

The senator is facing 3 other disqualification cases before the Comelec. – Rappler.com

[dreamur]

What is now the ramification bro on the comelec's decision to dq her for the presidential race?

[Juan Martinez]

What is now the ramification bro on the comelec's decision to dq her for the presidential race?

bro, the probability is very high that GPs financial backers (these people are king or queen makers) are scrambling to get to the, for lack of better term, winnable presidential candidate. that was what happened to her father then and it could happen to her now. and that would only mean the last nail that would seal the fate of her political coffin, for nobody in his or her right mind would, or even had the wherewithal to, wage a national campaign, a presidential campaign at that, on his or her own money.

the BIG difference is that, the DQ case for material misrepresentation filed against FPJ was dismissed by the comelec division hearing it outright, so also the motion for reconsideration filed with the comelec en banc as well as those petitions subsequently filed before the SC were all dismissed. but even then some of FPJs big guns were throwing in the towel. how much more in the present case where GP failed to make first base with the comelec.

the SET's recent actuation is nothing but an act of grace to a colleague who's already clutching at straws. esprit de corps, as they say.

[minicarph]

Iba ba credential ng Senator sa President? If not, then dapat tanggalin na din sya sa senate.

Kasi sa findings na yan we have American Senator

[dreamur]

Iba ba credential ng Senator sa President? If not, then dapat tanggalin na din sya sa senate.

Kasi sa findings na yan we have American Senator

You have a point OB. But the presidential race is more important at this point and the stigma of the DQ will follow her even if she continues to perform as a senator.

[Juan Martinez]

You have a point OB. But the presidential race is more important at this point and the stigma of the DQ will follow her even if she continues to perform as a senator.

he doesn't have a point bro. no disrespect there. according to the majority of the SET, GP is natural-born filipino citizen, but our justices of the SC who are members of the SET, especially justice antonio carpio, differed with the majority and argued that she is not, but only a NATURALIZED filipino.

and, yes, i agree it's a stigma that she has to bear from now on. i'm almost sure rizalito david and company will go all the way up to the SC to question SET's decision.

[minicarph]

he doesn't have a point bro. no disrespect there. according to the majority of the SET, GP is natural-born filipino citizen, but our justices of the SC who are members of the SET, especially justice antonio carpio, differed with the majority and argued that she is not, but only a NATURALIZED filipino.

and, yes, i agree it's a stigma that she has to bear from now on. i'm almost sure rizalito david and company will go all the way up to the SC to question SET's decision.

So pede mag Senator Si Sam Milby?

[Ry_Tower]

So pede mag Senator Si Sam Milby?

Yup.

[dreamur]

he doesn't have a point bro. no disrespect there. according to the majority of the SET, GP is natural-born filipino citizen, but our justices of the SC who are members of the SET, especially justice antonio carpio, differed with the majority and argued that she is not, but only a NATURALIZED filipino.

and, yes, i agree it's a stigma that she has to bear from now on. i'm almost sure rizalito david and company will go all the way up to the SC to question SET's decision.

I submit bro. Im not too concerned about GP as it is the dark goblin that Im having nightmares all the time.

[macsd]

and, yes, i agree it's a stigma that she has to bear from now on. i'm almost sure rizalito david and company will go all the way up to the SC to question SET's decision.

Senior JM, pagsampa ng SC tangal si GP sa senate pasok si Gordon. Tama ba? Pagnagkaganon, sa kangkungan na dadamputin si GP or sa LGU na lang cya pwede tumakbo.

[Juan Martinez]

Senior JM, pagsampa ng SC tangal si GP sa senate pasok si Gordon. Tama ba? Pagnagkaganon, sa kangkungan na dadamputin si GP or sa LGU na lang cya pwede tumakbo.

ang pagkakaintindi ko bro macsd ay ganito:

1) the moment mag file si rizalito david ng petition for certiorari laban sa SET, senador pa din yan si GP. she will still enjoy all the powers, privileges, and benefits of an elected senator;

2) dick gordon will not be able to succeed grace poe because, in case of senatorial vacancy, the successor shall be elected by the people. there was a precedent regarding this. in 2001, then vice president arroyo succeeded erap when the latter was removed from office, creating a vacancy in the office of the VP. GMA appointed senator guingona as vice president. during the election that followed, comelec held that 13 senators should be voted with the 13th candidate would serve guingona's remaining 3 years in office as a senator.

3) if booted out of office because she is not a natural-born but merely naturalized citizen, GP is eligible to run for any local elective position--

qualifications for local elective officials under the RA6644:
1) citizen of the philippines
2) on the day of election at least 23 years old for governor, vice-governor, member of sangguniang panlalawigan, mayor, vice-mayor, sangguniang panglungsond in highly urbanized cities; while at least 21 years old for the said officials in component cities and municipalities; at least 18 years old for members of the sangguniang panglungsod, sangguniang bayan and sangguniang barangay and punong barangay.

[Juan Martinez]

SC may hold special session for Poe cases if 'extraordinary need' exists

Friday, December 04, 2015 8:08PM

By MARK MERUENAS,GMA News

The Supreme Court en banc has the option to hold a "special session" even while on a holiday break to hear potential cases involving Senator Grace Poe.

In an ambush interview on Friday, SC spokesman Theodore Te clarified that it would still be up to the magistrates to decide if an "extraordinary need" exists to justify a last-minute full court session.

"As far as emergency or urgent petitions are concerned, depende iyan kung may ifa-file [ang camp ni Poe] then it can be considered. I mean the court has held special sessions before, so that’s not a problem," said Te.

"The justices can decide among themselves if they want to convene on the request of a justice or the Chief Justice. They can actually say, 'Let's talk about this on a special session,'" he added.

As customary, the SC's 15 magistrates, sitting in full court, are scheduled to take a holiday recess after their last session on Tuesday, December 8.

Te said the justices decide based on their own assessment of the situation, whether a petition needed to be acted on in a special session or if it can wait until the en banc sessions resume next year.

He discussed the matter following a suggestion from Senate President Franklin Drilon on Thursday that the SC justices should consider canceling their Christmas break to decide on the disqualification case against Poe.

Poe's candidacy took a stumble this week after the Commission on Elections (Comelec) Second Division sided with petitioner Estrella Elamparo's petition to disqualify the senator. The poll body said Poe did not pass Constitutional requirements for residency.

The Poe camp said it will exhaust all legal remedies to allow her to run, including raising the case to the Supreme Court.

Meanwhile, the Senate Electoral Tribunal had ruled that Poe is a natural-born Filipino who was qualified to run in the 2013 senatorial elections, thumbing down a petition from Rizalito David.

The David camp has also indicated that it will raise the case to the Supreme Court.

Chief Justice TRO

Te said under the rules, even if the en banc is on recess, Chief Justice Maria Lourdes Sereno may still issue immediate relief upon the request of a member-in-charge handling an urgent petition.

He clarified, however, that the relief that Sereno can issue during a recess is only limited to orders like a temporary restraining order or a status quo ante order, and does not include decisions.

In case Sereno issues a TRO or SQA order, it would still be subject to the confirmation of the en banc when it meets in the next session, the spokesman added.

"Kasi the decisions of the court are made collegially, meaning, kailangan iyong buong korte, whether by the division or the en banc, iyon yung mag-dedesisyon," Te said. —JST, GMA News

[Juan Martinez]

If the winning candidate is not qualified and cannot qualify for the office to which he was elected, a permanent vacancy is thus created. The second placer is just that, a second placer who lost in the elections, he was repudiated by either the majority or plurality of voters. He could not be proclaimed winner as he could not be considered the first among the qualified candidates. To rule otherwise is to misconstrue the nature of the democratic electoral process and the sociological and psychological underpinnings behind voters preferences (Pablo V. Ocampo vs. HRET & Mark Jimenez, EN BANC, G.R. No. 158466. June 15, 2004).

[dr. d]

If the winning candidate is not qualified and cannot qualify for the office to which he was elected, a permanent vacancy is thus created. The second placer is just that, a second placer who lost in the elections, he was repudiated by either the majority or plurality of voters. He could not be proclaimed winner as he could not be considered the first among the qualified candidates. To rule otherwise is to misconstrue the nature of the democratic electoral process and the sociological and psychological underpinnings behind voters preferences (Pablo V. Ocampo vs. HRET & Mark Jimenez, EN BANC, G.R. No. 158466. June 15, 2004).

english, please.

[Juan Martinez]

english, please.

applied in the context of GPs case:

if she is disqualified, her disqualification created a permanent vacancy. the 13th cannot succeed as the 12th to complete the number of the senators because he is a loser. thus, in this instance, the manner on how to fill up a vacancy as provided for by RA6645 shall apply.

almost the same principle to be applied in the vacancy of the sangguniang bayan, that is, if there is a permanent vacancy therein, whoever is the number 9 is not allowed to succeed to complete the members of the SB because he is a loser in the election. in that case, the successor shall come from and nominated by the party of the SB member who caused the permanent vacancy, who, in turn, shall be appointed by the governor.

[dr. d]

applied in the context of GPs case:

if she is disqualified, her disqualification created a permanent vacancy. the 13th cannot succeed as the 12th to complete the number of the senators because he is a loser. thus, in this instance, the manner on how to fill up a vacancy as provided for by RA6645 shall apply.

almost the same principle to be applied in the vacancy of the sangguniang bayan, that is, if there is a permanent vacancy therein, whoever is the number 9 is not allowed to succeed to complete the members of the SB because he is a loser in the election. in that case, the successor shall come from and nominated by the party of the SB member who caused the permanent vacancy, who, in turn, shall be appointed by the governor.

the replacement may be someone who did not even run for said office??
personally, i find the "n+1th" policy, more logical..
the law is strange, indeed..

[Gumusut_Amige]

the replacement may be someone who did not even run for said office??
personally, i find the "n+1th" policy, more logical..
the law is strange, indeed..

Heard something about wife/husband has taken over after the disqualification is executed. presumed the he/she substitue belongs to the same political party on this case?

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[macsd]

applied in the context of GPs case:

if she is disqualified, her disqualification created a permanent vacancy. the 13th cannot succeed as the 12th to complete the number of the senators because he is a loser. thus, in this instance, the manner on how to fill up a vacancy as provided for by RA6645 shall apply.

almost the same principle to be applied in the vacancy of the sangguniang bayan, that is, if there is a permanent vacancy therein, whoever is the number 9 is not allowed to succeed to complete the members of the SB because he is a loser in the election. in that case, the successor shall come from and nominated by the party of the SB member who caused the permanent vacancy, who, in turn, shall be appointed by the governor.

Lalong gumulo yata senior with that law and who ever authored that law is damn stupid. How can an elective position be replaced by an appointive? Really stupid, that law should be revised but yet those who are to revise are also damn stupid lawmakers they call themselves.