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

“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 accurately 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 Chief Justice also said:

“No one is benefited except those who want to ‘game’ judicial processes for political ends. The sovereign choice on who will be the next president of the Philippines must be respected by this Court. Only after this choice has been made may We potentially step in. Needless to say, the expression of this electoral choice would necessarily affect how this Court will decide the issues brought before it. That this is the reality designed by the Constitution itself should have been by now accepted by all mature lawyers and students of the Constitution.”

Poe said she can’t help feel that the chains that restrained her political campaign have finally been broken by the SC’s final ruling on her disqualification cases.

Poe, who campaigned in the bailiwick of her running mate Sen. Francis “Chiz” Escudero, said the High Court’s decision denying “with finality” the motions for reconsideration filed against its March 8 ruling declaring her qualified to run for president in the May 2016 elections, is an affirmation she is on the right track.

“It was an affirmation that our campaign was on the right track; that we have a strong fight. The SC’s decision was correct and we are thankful the justice they rendered,” Poe told reporters at the sidelines of her rally at a gymnasium which was jam-packed with their supporters.

Poe said the SC’s final decision has also given her an edge among her rivals in the presidential race.

Crime-solution plan

Meanwhile, Poe assured yesterday that while she has no specific timeline to combat the country’s problems on peace and order, the number of crimes under her watch would significantly decrease should she get elected.

Poe made the guarantee after acknowledging Senate Minority Leader Juan Ponce Enrile’s assessment it would be impossible to address crimes in the country in six months without imposing martial law. (With a report from Hannah L. Torregoza)

Source:
courtesy of MANILA BULLETIN

by Rey G. Panaligan

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