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FORMER SEN. TATAD WANTS GRACE BANNED FROM PUBLIC OFFICE
[“This is a Constitutional act. This is also a political act. I am unmoved by this speculations. My motives have never deviated from the real Daang Matuwid. I am doing this for you, for me, for the children... The law is the law. I mean, let those who have violated the law answer for their violations. Not the ones who are raising the issue on them,” said Tatad.]


OCTOBER 20 -TATAD, POE: 'A CONSTITUTIONAL ACT', TATAD SAID
FORMER senator Francisco Tatad yesterday filed a case against Sen. Grace Poe before the Commission on Elections (Comelec) seeking her perpetual disqualification from public office due to citizenship and residency issues. In a 25-page petition, Tatad wants Poe disqualified for supposedly not being a natural-born Filipino citizen and her alleged failure to meet the residency qualification to run for president in the May 2016 national polls. Tatad’s petition is the second to be filed before the poll body and has raised fears of attempts to condition the minds of the public that Poe will be disqualified. “I think there is a systematic PR campaign designed to condition the minds of our people that (Sen.) Grace Poe will be disqualified. Part of squid tactics in elections,” Ako Bicol party-list Rep. Rodel Batocabe, an ally of Poe and her running mate, Sen. Francis Escudero, said. Reacting to Tatad’s petition, Poe’s lawyer, George Garcia, said: “Every Filipino has the right to avail of the remedies afforded by law. The former senator is entitled to his opinion and we will respect that. In the end, the rule of law prevails and the vibrancy of our democracy is sustained. “It is, however, our position that all the requirements to seek for higher office have been met by Sen. Grace Poe.”  Malacañang said it will not even comment, with presidential spokesman Edwin Lacierda saying: “It’s something that we do not want to even speculate kasi nga hindi pa natin alam kung ano iyung kaso itself. So we will let the Comelec decide on it. May proseso naman diyan, hindi ba? So the process will take care of itself.”  Last Friday, Atty. Estrella Elamparo filed a petition asking the poll body to cancel the certificate of candidacy filed by Poe on the same grounds cited by Tatad. Another petition has also been filed by 2013 losing senatorial bet Rizalito David before the Senate Electoral Tribunal questioning the citizenship of Poe. The generally accepted version of Poe’s birth was that as a foundling or abandoned child, she was found at the Jaro Cathedral in Iloilo in 1968 and was adopted by the late Fernando Poe Jr. and his wife, Susan Roces. Tatad ran under the banner of the Nagkakaisang Pilipino, with FPJ as the presidential candidate, in the 2004 elections. Tatad’s lawyer, Manuelito Luna, said their petition carries a stiffer penalty compared to the one filed by Elamparo. READ MORE...

ALSO: New disqualification case filed vs Poe in Comelec
[‘Unfounded accusations’ Gatchalian said the “unfounded accusations” against Poe were evidently aimed at derailing her presidential candidacy. He said Poe would present documents proving that she had satisfied the requirements for presidential candidates. “These documents will answer these suits on all fours and will bear her out,” Gatchalian said.]


OCTOBER 20 -Senator Grace Poe.
FILE PHOTO THE CAMP of Sen. Grace Poe on Monday decried the “dirty tactics” being employed by her opponents to scupper her presidential candidacy as an ally of her late father brought a petition to disqualify her from next year’s race for Malacañang. Former Sen. Francisco Tatad filed a petition for the disqualification of Poe in the Commission on Elections (Comelec) Monday, alleging that Poe was not a natural-born Filipino citizen and that she did not meet the 10-year residency requirement for presidential candidates. It was the second petition for disqualification filed against Poe in the Comelec, citing the same grounds raised in the first case brought against the senator by former Department of Justice Prosecutor Estrella Elamparo on Oct. 16. Tatad served in the Senate from 1992 to 2001 and made a comeback bid as part of Koalisyon ng Nagkakaisang Pilipino of Poe’s father, the late movie actor Fernando Poe Jr. (FPJ), in the 2004 general elections but lost. He was also the press secretary of the late dictator Ferdinand Marcos who read the proclamation of martial law on national television on Sept. 23, 1972. Although brought by an ally of FPJ, the case filed by Tatad did not surprise Poe’s camp, which said it expected her opponents to try to eliminate her from next year’s presidential race. Poe, 47, leads mainstream candidates Mar Roxas of the ruling Liberal Party and Vice President Jejomar Binay of the opposition United Nationalist Alliance in the latest voter preference polls for the presidential election. Her running mate, Sen. Francis Escudero, said Monday that he would not be surprised if one of her rivals turned out to be behind the disqualification cases brought against her. ‘Dirty tricks’  Valenzuela Mayor Rex Gatchalian, a spokesperson for Poe, said Tatad’s petition was “baseless” and part of “dirty tricks” employed by Poe’s opponents to thwart her presidential candidacy. Gatchalian said the disqualification cases were the handiwork of “sinister minds” responsible for the “premeditated and concerted efforts to condition the minds of the public that [Poe] will be disqualified.”  READ MORE...

ALSO: DLSU prof files 3rd disqualification case against Poe
[Unlike the first two petitions brought by former Department of Justice Prosecutor Estrella Elamparo on Oct. 16 and by former Sen. Francisco Tatad on Monday, DSLU Prof Contreras’ petition does not tackle the question of Poe’s citizenship, but only her supposed failure to meet the 10-year residency required of presidential candidates. Contreras said he paid the P10,100 filing fee out of his own pocket. He also said De La Salle had nothing to do with his actions against Poe. “It’s just infuriating to be branded as someone who has an evil plot or has been paid just because you are questioning the qualifications of a candidate,” he said.]


OCTOBER 21 -Senator Grace Poe
CONTRIBUTED PHOTO BY JOSEPH VIDAL/ PRIB A THIRD petition to take Sen. Grace Poe out of the 2016 presidential election was filed in the Commission on Elections (Comelec) Tuesday by a political analyst, who said he wanted to show Poe that not all those who were questioning her qualifications were paid by her rivals or people with “evil plots.”  In his 14-page petition, Antonio Contreras, a political science professor at De La Salle University, asked the Comelec to cancel the certificate of candidacy (COC) for President that Poe filed on Oct. 15. Unlike the first two petitions brought by former Department of Justice Prosecutor Estrella Elamparo on Oct. 16 and by former Sen. Francisco Tatad on Monday, Contreras’ petition does not tackle the question of Poe’s citizenship, but only her supposed failure to meet the 10-year residency required of presidential candidates. Comelec Chair Andres Bautista on Tuesday announced that Elamparo’s petition had been raffled off to the Second Division. “The agreement [during the full-commission meeting] is that since the first case has been raffled off to the Second Division, all the other petitions for [Poe’s] disqualification will be consolidated,” Bautista told a news conference. In an interview with reporters, Contreras said he had no plan to bring a case against Poe, as two similar cases had already been filed against the senator. But a statement from Poe’s camp on Monday that the cases were the handiwork of “sinister minds” provoked him, he said. “I realized that it’s about time that we have to tell these people that an ordinary citizen like me, a voter, a natural-born citizen of this Republic, doesn’t have to be sponsored to seek the truth,” Contreras said. Contreras said he paid the P10,100 filing fee out of his own pocket. He also said De La Salle had nothing to do with his actions against Poe. “It’s just infuriating to be branded as someone who has an evil plot or has been paid just because you are questioning the qualifications of a candidate,” he said.Contreras explained that he did not include the issue on Poe’s citizenship as it was already being tackled at the Senate Electoral Tribunal (SET) and there was no clear jurisprudence on the citizenship of a foundling. “She was a foundling and she was abandoned as a child. For me personally, I also don’t want to be the instrument in her being rendered stateless. That is too cruel to me for it to be applied to a person who was abandoned as a child,” he said. Proving Poe did not meet the 10-year residency would be easier because “it’s mathematical and numerical,” he said. “There is no judgment about you as a person.” READ MORE...

ALSO: Comelec orders Poe to answer ‘material representation’ allegation


OCTOBER 21 -Presidential candidate Sen. Grace Poe speaks before supporters during the announcement of her teamup with Sen. Chiz Escudero in September.
The Commission on Elections has ordered Poe to answer the allegation that she resorted to material representation during her senatorial candidacy in 2013. INQUIRER.net PHOTO The Commission on Elections (Comelec) on Wednesday ordered Sen. Grace Poe to answer the accusation that she committed material representation when she filed her certificate of candidacy (COC) for the 2013 elections.Poe is required to submit her counteraffidavit and attend the preliminary investigation on Nov. 3. The case stemmed from the complaint filed by 2013 senatorial candidate Rizalito David accusing Poe of “material misrepresentation” in the COC she filed in the same year at the Comelec. In his complaint, he said Poe was not a natural-born citizen, had failed to comply with the two-year residency requirement for senatorial candidates, and was ineligible “for the office she sought” in 2013. “The gravamen of the offense is material misrepresentation. As [Poe] misrepresented her citizenship, her period of residence and her eligibility to run for senator, these transgressions should be penalized accordingly,” David said in the 20-page affidavit-complaint he filed in the Comelec law department in August. David also has a petition seeking the disqualification of Poe before the Senate Electoral Tribunal. Tetch Torres-Tupas/RC. THE FULL REPORT,  RELATED STORIES

ALSO: No plan B on Poe’s disqualification case – Chiz


OCTOBER 23 -Sen. Grace Poe (right) and Sen. Francis "Chiz" Escudero. Efigenio Christopher Toledo IV ORMOC CITY, Philippines – Presidential candidate Sen. Grace Poe and her running mate Sen. Francis Escudero have no alternative plans if she is disqualified from the presidential race.
“There is no Plan B because we believe Senator Poe won’t be disqualified,” Escudero said during a visit here yesterday. “We are running as independents… we have no options.” He said they chose to run as independent candidates because they believe the president should not belong to any party. “I have seen how divisive party politics is,” he said, citing his experience during the term of former President Gloria Macapagal-Arroyo. “For nine years our district did not benefit from any government project… The president should serve as president for those who voted and did not vote for him or her, whether he or she likes him or her, whether they are party mates or not,” Escudero said. Escudero attended a forum with students and barangay officials at the Western Leyte College gym here. Poe was supposed to accompany him, but she begged off because of an upset stomach. Escudero and Poe were also set to visit a temporary shelter in Barangay Cabalawan, meet with businessmen and the youth and attend a coconut festival in Tacloban City after their visit here. The senator told The STAR he and Poe planned to visit Leyte rather than the areas hit by Typhoon Lando in northern Luzon so as not to distract the rescue and relief operations there. READ MORE...


READ FULL MEDIA REPORTS HERE:

TATAD WANTS GRACE BANNED FROM PUBLIC OFFICE

MANILA, OCTOBER 26, 2015 (MALAYA)  By GERARD NAVAL October 20, 2015 - FORMER senator Francisco Tatad yesterday filed a case against Sen. Grace Poe before the Commission on Elections (Comelec) seeking her perpetual disqualification from public office due to citizenship and residency issues.

In a 25-page petition, Tatad wants Poe disqualified for supposedly not being a natural-born Filipino citizen and her alleged failure to meet the residency qualification to run for president in the May 2016 national polls.

Tatad’s petition is the second to be filed before the poll body and has raised fears of attempts to condition the minds of the public that Poe will be disqualified.

“I think there is a systematic PR campaign designed to condition the minds of our people that (Sen.) Grace Poe will be disqualified. Part of squid tactics in elections,” Ako Bicol party-list Rep. Rodel Batocabe, an ally of Poe and her running mate, Sen. Francis Escudero, said.

Reacting to Tatad’s petition, Poe’s lawyer, George Garcia, said: “Every Filipino has the right to avail of the remedies afforded by law. The former senator is entitled to his opinion and we will respect that. In the end, the rule of law prevails and the vibrancy of our democracy is sustained.

“It is, however, our position that all the requirements to seek for higher office have been met by Sen. Grace Poe.”


LACIERDA

Malacañang said it will not even comment, with presidential spokesman Edwin Lacierda saying: “It’s something that we do not want to even speculate kasi nga hindi pa natin alam kung ano iyung kaso itself. So we will let the Comelec decide on it. May proseso naman diyan, hindi ba? So the process will take care of itself.”

Last Friday, Atty. Estrella Elamparo filed a petition asking the poll body to cancel the certificate of candidacy filed by Poe on the same grounds cited by Tatad.

Another petition has also been filed by 2013 losing senatorial bet Rizalito David before the Senate Electoral Tribunal questioning the citizenship of Poe.

The generally accepted version of Poe’s birth was that as a foundling or abandoned child, she was found at the Jaro Cathedral in Iloilo in 1968 and was adopted by the late Fernando Poe Jr. and his wife, Susan Roces.

Tatad ran under the banner of the Nagkakaisang Pilipino, with FPJ as the presidential candidate, in the 2004 elections.

Tatad’s lawyer, Manuelito Luna, said their petition carries a stiffer penalty compared to the one filed by Elamparo.

READ MORE...


POTO OF RIZALITO DAVID PEO's ACCUSER: Ex-senator Kit Tatad wants Poe disqualified from presidential race Former senator Francisco “Kit” Tatad has asked the Commission on Elections to disqualify Poe as a presidential candidate because of her supposed failure to meet the requirements set for the position by the Constitution. Tatad was assisted in filing the case by Atty. Manuelito Luna, who also represented Rizalito David in lodging another disqualification case... post template Poe accuser admits: No proof Grace’s parents are foreigners Rizalito David, a losing senatorial bet in 2013, has no iota of proof that Senator Grace Poe’s parents are not Filipinos. David’s lawyer, Manuelito Luna, admitted this to Senator Loren Legarda during the oral arguments at the Senate Electoral Tribunal on the disqualification case filed by David. Luna was forced to admit that David could...

“If we will be favored or sustained here, then she will be forever barred from running for any elective position in the Philippines for being not a citizen of the Philippines,” Luna said, adding the nature of the two cases are “worlds apart” as far as its effects are concerned.

He explained that the petition to cancel Poe’s CoC means she was never considered a candidate from the start and if she wins she will be replaced by the second highest vote-getter.

Luna added that their petition to disqualify will remove Poe from the list of official candidates but she will be entitled to a substitute candidate, if she is nominated by a political party. If she wins, the rule of succession will be observed.

“Considering that respondent’s bloodline is unknown, it is incumbent upon her to prove that she is a Filipino, that is a natural-born citizen of the Philippines,” Tatad said.

He also noted that Poe’s CoC for the May 2013 polls showed she was only a resident of the Philippines for six years and six months, making her a resident of the country on Election Day next year for only nine years and five months.

“But if the Commission were to consider the period she actually acquired her new domicile in Quezon City, which was sometime in 2010 or 2011, it would only reach five or six years,” said Tatad.

Section 2, Article VII of the 1987 Constitution provides that “no person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least 40 years of age on the day of the election, and a resident of the Philippines for at least 10 years immediately preceding such election”.

Tatad also said no individual or party is behind his petition.


JUSTICE CARPIO: Being a foundling does not make one a natural-born Filipino. This was the argument raised by Supreme Court Associate Justice Antonio Carpio on Monday (Sept. 21) as he asked Poe’s camp to prove she is a natural-born citizen whose biological parents are Filipinos. Carpio, chair of the Senate Electoral Tribunal handling the disqualification case against Poe, said that while the senator could be considered a Filipino citizen under international law, her status is “naturalized” because she is a foundling. “We avoid statelessness, give the foundling citizenship. But it is under 5 (Section 5, Article 4 of the 1935 Constitution): that a foundling is a citizen, but naturalized. Because to be natural-born, you must show blood relationship,” Carpio said at the start of the oral arguments on the quo warranto petition filed against Poe by defeated senatorial candidate Rizalito David. Section 5, Article 4, of the 1935 Constitution classifies as citizens “those who are naturalized in accordance with law.”

“This is a Constitutional act. This is also a political act. I am unmoved by this speculations. My motives have never deviated from the real Daang Matuwid. I am doing this for you, for me, for the children... The law is the law. I mean, let those who have violated the law answer for their violations. Not the ones who are raising the issue on them,” said Tatad.

BATOCABE RAISES FEARS


RODEL BATOCABE OF BICOL

Batocabe, a lawyer and spokesman for the 40-man Party-list Coalition Foundation Inc. (PCF), said the two recent Supreme Court decisions on similar disqualification cases, while different from Poe’s, could be used as justification in case the senator is disqualified.

The SC recently affirmed the 2013 order of the Comelec nullifying the certificate of candidacy of Rogelio Caballero, the winning mayoralty bet in Uyugan, Batanes in the 2013 polls.

The SC said the Comelec was correct in nullifying Caballero’s candidacy for his failure to satisfy the one-year residency requirement for local elective officials under the Local Government Code. The Comelec cancelled Caballero’s CoC on May 3, 2013, just 10 days before the 2013 midterm elections.

While Caballero had renounced his Canadian citizenship and took the Oath of Allegiance to the Philippines to re-acquire his citizenship, he failed to “re-establish his domicile (of origin) in Uyugan.”

Last August, the SC also disqualified Kauswagan, Lanao del Norte Mayor Rommel Arnado for using his American passport despite renouncing his American citizenship and re-acquiring his Filipino citizenship.

Batocabe pointed out that the cases of Caballero and Arnado are entirely different from Poe’s case since she is a foundling.

“The cases of these mayors are oceans apart from the situation of Grace Poe. They are not abandoned babies. Grace Poe never used her passport after she renounced her US citizenship. There are other differences. Above all else, the question of Poe’s citizenship is already a political question and beyond the realm of our judicial authorities,” he said.

Batocabe also noted that Poe topped the 2013 senatorial polls with more than 20 million votes.

“Our people have already determined that she is a natural born citizen, hence, elected her to the Senate. Let the people decide, vox populi vox dei,” he said.

Poe, married to Fil-Am Neil Llamanzares, returned to the Philippines when FPJ died in 2004. President Aquino subsequently appointed her as chair of the Movie and Television Review and Classification Board.

Quezon Rep. Mark Enverga, spokesman of the Nationalist People’s Coalition (NPC), agreed that Poe’s case is different.

“We presume that each case is distinct from one another and the facts may differ,” said Enverga, whose party is leaning towards backing the Poe-Escudero tandem.

Because of the ruling on the Arnado, the Comelec amended the CoC filing for next year’s election by asking the candidates to declare if they have renounced foreign citizenship.

Political leaders are withholding their support for the presidential bid of Poe because of the disqualification cases she is facing, Escudero said. – With Wendell Vigilia, Jocelyn Montemayor and JP Lopez


INQUIRER

New disqualification case filed vs Poe in Comelec By: Christine O. Avendaño, Jocelyn R. Uy, Marlon Ramos @inquirerdotnet Philippine Daily Inquirer 12:42 AM October 20th, 2015


Senator Grace Poe. FILE PHOTO

THE CAMP of Sen. Grace Poe on Monday decried the “dirty tactics” being employed by her opponents to scupper her presidential candidacy as an ally of her late father brought a petition to disqualify her from next year’s race for Malacañang.

Former Sen. Francisco Tatad filed a petition for the disqualification of Poe in the Commission on Elections (Comelec) Monday, alleging that Poe was not a natural-born Filipino citizen and that she did not meet the 10-year residency requirement for presidential candidates.

It was the second petition for disqualification filed against Poe in the Comelec, citing the same grounds raised in the first case brought against the senator by former Department of Justice Prosecutor Estrella Elamparo on Oct. 16.

Tatad served in the Senate from 1992 to 2001 and made a comeback bid as part of Koalisyon ng Nagkakaisang Pilipino of Poe’s father, the late movie actor Fernando Poe Jr. (FPJ), in the 2004 general elections but lost.

He was also the press secretary of the late dictator Ferdinand Marcos who read the proclamation of martial law on national television on Sept. 23, 1972.

Although brought by an ally of FPJ, the case filed by Tatad did not surprise Poe’s camp, which said it expected her opponents to try to eliminate her from next year’s presidential race.

Poe, 47, leads mainstream candidates Mar Roxas of the ruling Liberal Party and Vice President Jejomar Binay of the opposition United Nationalist Alliance in the latest voter preference polls for the presidential election.

Her running mate, Sen. Francis Escudero, said Monday that he would not be surprised if one of her rivals turned out to be behind the disqualification cases brought against her.

‘Dirty tricks’

Valenzuela Mayor Rex Gatchalian, a spokesperson for Poe, said Tatad’s petition was “baseless” and part of “dirty tricks” employed by Poe’s opponents to thwart her presidential candidacy.


Valenzuela Mayor Rex Gatchalian

Gatchalian said the disqualification cases were the handiwork of “sinister minds” responsible for the “premeditated and concerted efforts to condition the minds of the public that [Poe] will be disqualified.”

READ MORE...

A petition seeking Poe’s ouster from the Senate is awaiting resolution by the Senate Electoral Tribunal (SET). Also questioning her citizenship and residency, the petition was brought by Rizalito David, who lost the 2013 senatorial election and is one of the 130 candidates for President in next year’s elections.

Poe’s camp has said it knows who is behind the attacks on her. Reminded about it Monday, Escudero said Poe’s lawyer, George Garcia, was “looking into it.”

“But I will not be surprised probably if one of the foes of Senator Poe in the presidential race will be shown to be behind this harassment,” Escudero said.

He underscored the importance of discovering who was behind the attacks on Poe, saying that while the question of her citizenship was a small issue for voters as shown by the polls, it could lead to the withholding of support by some political leaders, who may be waiting for the resolution of the cases.

Going to high court

That will not come soon. Escudero said the Comelec could either suspend proceedings on the disqualification cases and wait for the resolution of the case in the SET or proceed with the two cases since the petition in the SET was a separate case.

But whoever loses in the SET or in the Comelec will surely go to the Supreme Court, which has the “final say” on the matter, he said.

“I’m sure these cases will go to the Supreme Court before the elections,” he said.

Tatad’s lawyer, Manuelito Luna, said Elamparo’s petition may be dismissed, as it was filed at the close of the five-day registration of candidates in violation of Comelec rules of procedure.

Elamparo wants Poe’s certificate of candidacy (COC) for the presidency to be canceled because she allegedly lied about her citizenship and residency.

Under the rules, such petitions must be filed any day after the last day of candidate registration but not later than the date of proclamation.

The offensive against Poe centers on uncertainty about her parentage. She was found in a church in Jaro, Iloilo province, shortly after she was born in 1968 and was adopted later by FPJ and his wife, movie actress Susan Roces.

She married a Filipino-American and became a US citizen but renounced her American citizenship when she returned to the Philippines after the death of FPJ in 2004. She says she has been living in the Philippines since 2005.

Breach of Constitution

In his petition, Tatad said the Comelec would uphold a “grievous violation of the Constitution” if it did not disqualify Poe from the presidential election.

“Anyone who aspires to be President should first of all be a candidate of the Constitution,” Tatad told reporters after filing his petition at the Comelec.

“As President … you should at the very least be truly and absolutely loyal to the Filipino nation and one test of loyalty is being, from birth, a Filipino citizen,” he said.

Luna said Tatad’s petition, if sustained by the Comelec, would have a more serious consequence—Poe would be permanently barred from running for any public office.

“There’s a world of difference between a petition for cancellation of COC and a petition for disqualification in so far as the effects are concerned. Ours would be a deeply impacted result if ever we will win the case as compared to the petition filed by Attorney Elamparo,” Luna said.

He said the cancellation of COC was not a “substantial remedy” as Poe may raise the defense of “good faith” in claiming that she was a natural-born Filipino.

“But in this particular case, good faith or bad faith is immaterial because she herself admitted that she is a foundling,” said Luna, who is also a lawyer for David, who wants Poe ousted from the Senate.

Bloodline unknown


TATAD

In his petition, Tatad said Poe could not be considered a natural-born Filipino because her parents were unknown.

“Considering that respondent’s bloodline is unknown, it is incumbent upon her to prove that she is a Filipino, that is, a natural-born citizen of the Philippines, as mandated under the Constitution,” Tatad said.

He also pointed out that based on Poe’s COC submitted to the Comelec for the 2013 senatorial election, the senator would have a residency of “nine years, five months and several days, shy of the minimum of 10 years” required by the Constitution.

“But if the [Comelec] were to consider the period she actually acquired her new domicile in Quezon City—the [United States] was her old domicile of choice—which was sometime in 2010 or 2011, it would only reach five or six years,” he said.

“In any event, even if her residency claim is sustained, she would still be disqualified to run for President on account of lack of citizenship,” he said.

Asked if he was working for someone for the disqualification of Poe, Tatad replied: “This is a constitutional act. This is also a political act. But … from the very beginning, I was the one who raised this issue. For a long time, I was virtually alone until [David] came into the picture.”

‘Unfounded accusations’

Gatchalian said the “unfounded accusations” against Poe were evidently aimed at derailing her presidential candidacy.

He said Poe would present documents proving that she had satisfied the requirements for presidential candidates.

“These documents will answer these suits on all fours and will bear her out,” Gatchalian said.


INQUIRER

DLSU prof files 3rd disqualification case against Poe SHARES: 2040 VIEW COMMENTS By: Jerome Aning, Jocelyn R. Uy, Leila B. Salaverria @inquirerdotnet Philippine Daily Inquirer 01:08 AM October 21st, 2015


Senator Grace Poe
CONTRIBUTED PHOTO BY JOSEPH VIDAL/ PRIB

A THIRD petition to take Sen. Grace Poe out of the 2016 presidential election was filed in the Commission on Elections (Comelec) Tuesday by a political analyst, who said he wanted to show Poe that not all those who were questioning her qualifications were paid by her rivals or people with “evil plots.”

In his 14-page petition, Antonio Contreras, a political science professor at De La Salle University, asked the Comelec to cancel the certificate of candidacy (COC) for President that Poe filed on Oct. 15.

Unlike the first two petitions brought by former Department of Justice Prosecutor Estrella Elamparo on Oct. 16 and by former Sen. Francisco Tatad on Monday, Contreras’ petition does not tackle the question of Poe’s citizenship, but only her supposed failure to meet the 10-year residency required of presidential candidates.

Comelec
Chair Andres Bautista on Tuesday announced that Elamparo’s petition had been raffled off to the Second Division.

“The agreement [during the full-commission meeting] is that since the first case has been raffled off to the Second Division, all the other petitions for [Poe’s] disqualification will be consolidated,” Bautista told a news conference.

In an interview with reporters, Contreras said he had no plan to bring a case against Poe, as two similar cases had already been filed against the senator.

But a statement from Poe’s camp on Monday that the cases were the handiwork of “sinister minds” provoked him, he said.

“I realized that it’s about time that we have to tell these people that an ordinary citizen like me, a voter, a natural-born citizen of this Republic, doesn’t have to be sponsored to seek the truth,” Contreras said.

Contreras said he paid the P10,100 filing fee out of his own pocket. He also said De La Salle had nothing to do with his actions against Poe.

“It’s just infuriating to be branded as someone who has an evil plot or has been paid just because you are questioning the qualifications of a candidate,” he said.

Contreras explained that he did not include the issue on Poe’s citizenship as it was already being tackled at the Senate Electoral Tribunal (SET) and there was no clear jurisprudence on the citizenship of a foundling.

“She was a foundling and she was abandoned as a child. For me personally, I also don’t want to be the instrument in her being rendered stateless. That is too cruel to me for it to be applied to a person who was abandoned as a child,” he said.

Proving Poe did not meet the 10-year residency would be easier because “it’s mathematical and numerical,” he said. “There is no judgment about you as a person.”

READ MORE...

Poe, an adopted daughter of the late movie actor Fernando Poe Jr. and his wife, actress Susan Roces, was born and raised in the Philippines but moved to the United States in 1991 to finish her undergraduate studies and eventually worked there.
According to her, she decided to return to the Philippines after her father died in December 2004, but returned to the United States in February 2005.


Dr. Antonio Contreras from De La Salle University

She says she returned to the Philippines the same year and bought a house in Quezon City and enrolled her children in local schools.

In 2006, she says she acquired dual citizenship, although those seeking her disqualification claim that she continued to use her US passport up to 2009.

Later that year, Poe says, she finally got a Philippine passport and the next year she renounced her US citizenship so she could accept her appointment as chair of the Movie and Television Review and Classification Board.

She says she reaffirmed her renunciation of US citizenship in 2011.

Poe’s camp says she returned to live permanently in the Philippines 11 years ago, in late 2004, after the death of her father.

The Comelec’s online precinct finder lists Poe as having registered as a voter on Aug. 31, 2006, at Santa Lucia Elementary School in San Juan City.


Comelec Chair Andres Bautista

In his petition, Contreras asked the Comelec to deny due course to or cancel Poe’s COC on the grounds that she made a false entry in the document when she claimed that she would be a legal resident of the Philippines for 10 years and
11 months by May 9, 2016.

His petition noted that the SET proceedings had established that she reacquired her Filipino citizenship on July 19, 2006.

“While indeed she traveled to the Philippines in 2004 to attend the wake and burial of her adoptive father and on several occasions before that, and while she may have been physically living in the Philippines for a longer duration after that from 2005 as she implies in her [COC], it was as a foreign visitor,” he said.

He said that during that period, Poe was carrying a US passport and she lost her Filipino citizenship on Oct. 18, 2001.

Poe, he said, was also not issued an immigrant certificate of residence by the Bureau of Immigration during this time, which could have proven that her stay in the country was as a permanent resident on an immigrant status.

Contreras said the earliest Poe could claim to have reestablished her Philippine domicile was on July 18, 2006, the date she became a Filipino citizen again by virtue of Republic Act No. 9225.

“This is already too late for her to qualify to run for President in the elections on May 9, 2016, considering that it is already two months and nine days after May 9, 2006, the date which she should meet in order for her to fulfill the 10-year requirement,” he said.

Valenzuela Mayor Rex Gatchalian, Poe’s spokesperson, said the growing number of petitions to disqualify the senator from the presidential race was “aimed at sowing confusion.”

“It’s turning the electoral process into a mockery because why [can’t they just] wait for the [first] one to be decided?” Gatchalian said.

He said “all these petitions are meant to condition the minds of the voters that Senator Poe will be disqualified.”
Gatchalian said, however, that Poe remains undaunted and ready to face the challenges to her qualifications.

Good timing

But two legal experts said the filing of the petitions was good, as the questions about Poe’s citizenship and residency needed to be settled once and for all.

Lawyer Raymond Fortun and former University of the East law dean Amado Valdez agreed with Elamparo and Tatad that Poe was not qualified for the presidency because she was not a natural-born Filipino and had not yet met the 10-year residency required by the Constitution.

They both noted the supposed inconsistencies in the residency periods that Poe indicated in her certificates of candidacy for the 2013 and 2016 elections.

When she filed her COC for senator in October 2012, Poe stated she had been a Philippine resident for the last six years and six months.

When she filed her COC for President last week, however, Poe stated her residency period as being 10 years and 11 months—and not 9 years and six months, which is what you get when you add three years to six years, six months from her 2012 COC, Fortun said.

“They can’t be both correct, right?” Fortun told reporters in an interview.

“She has created the scenario of ‘doubt,’ and she now has to prove through evidence as to what is her ‘reckoning point’ in fixing the date when she reacquired residency,” he added.

Asked when one must start counting Poe’s residency, Fortun replied: “If it were [up to] me, the ‘reckoning point’ was when she told herself ‘I want to establish my residence in the Philippines.’ But subsequent acts may nullify that declaration for the simple reason that the subsequent act is not consistent with someone intending to return to the country.”

Fortun was referring to Poe’s supposed use of her US passport up to 2009. He said even if Poe became a dual citizen in 2006 and renewed her allegiance to the Philippines, her subsequent actions defeated that declaration.

“To illustrate: I can declare my allegiance to the Philippines by tearing my green card in front of the US Embassy. Yet, I continue to use an American passport and pay my taxes in the US, while refusing to even get a Philippine [residence certificate],” Fortun said.

“In such a situation, the verbal declaration does not jive with subsequent acts that reflect a continual use of the benefits of being a US citizen,” he added.


Former University of the East College of Law Dean Amado Valdez INQUIRER FILE PHOTO

Valdez, chair emeritus of the Philippine Association of Law Schools, agreed with Fortun that even if Poe did reacquire her citizenship or returned to the Philippines in 2005 or 2006, her use of her US passport “negated” her reacquisition of Filipino citizenship.

“The 10-year period of residency must be counted from the time she reacquired her Filipino citizenship. It is only then that she is considered domiciled in the Philippines,” Valdez said.

“If her reacquisition of Filipino citizenship is negated by acts purporting that she is still considering herself an American citizen by using her American passport, then her stay in the Philippines will not be counted to comply with residency requirement,” he added.

For Valdez, Poe’s residency should begin in 2010, when she renounced her US citizenship.

“Her renunciation must be unequivocal. She cannot say one thing and do another. She cannot fit her feet into shoes not her size,” he said.

Sen. Miriam Defensor-Santiago, who is also running for President, said the Constitution’s requirement for presidential candidates and candidates for Vice President should be strictly interpreted.

Santiago said that for her, the most important question concerning Poe was her citizenship.

The Constitution, Santiago said, requires presidential candidates to be natural-born Filipinos.

“If there is any doubt, the doubt must be resolved against the candidate because it’s found in the Constitution. Any provision of the Constitution must be interpreted strictly because it’s the Constitution. It’s not an ordinary piece of legislation,” she said.

Santiago added that she agreed with Supreme Court Associate Justice Antonio Carpio that all doubts must be resolved in favor of the state.

And proving that someone is a natural-born citizen is no easy thing, she said, “unless you have the mother and the father testifying here.”


INQUIRER

Comelec orders Poe to answer ‘material representation’ allegation SHARES: 1175 VIEW COMMENTS By: Tetch Torres-Tupas @T2TupasINQ INQUIRER.net 05:53 PM October 21st, 2015


Presidential candidate Sen. Grace Poe speaks before supporters during the announcement of her teamup with Sen. Chiz Escudero in September. The Commission on Elections has ordered Poe to answer the allegation that she resorted to material representation during her senatorial candidacy in 2013. INQUIRER.net PHOTO

The Commission on Elections (Comelec) on Wednesday ordered Sen. Grace Poe to answer the accusation that she committed material representation when she filed her certificate of candidacy (COC) for the 2013 elections.

Poe is required to submit her counteraffidavit and attend the preliminary investigation on Nov. 3.

The case stemmed from the complaint filed by 2013 senatorial candidate Rizalito David accusing Poe of “material misrepresentation” in the COC she filed in the same year at the Comelec.

In his complaint, he said Poe was not a natural-born citizen, had failed to comply with the two-year residency requirement for senatorial candidates, and was ineligible “for the office she sought” in 2013.

“The gravamen of the offense is material misrepresentation. As [Poe] misrepresented her citizenship, her period of residence and her eligibility to run for senator, these transgressions should be penalized accordingly,” David said in the 20-page affidavit-complaint he filed in the Comelec law department in August.

David also has a petition seeking the disqualification of Poe before the Senate Electoral Tribunal. Tetch Torres-Tupas/RC

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PHILSTAR

No plan B on Poe’s disqualification case – Chiz By Lalaine Jimenea (The Philippine Star) | Updated October 23, 2015 - 12:00am 4 552 googleplus0 0


Sen. Grace Poe (right) and Sen. Francis "Chiz" Escudero. Efigenio Christopher Toledo IV

ORMOC CITY, Philippines – Presidential candidate Sen. Grace Poe and her running mate Sen. Francis Escudero have no alternative plans if she is disqualified from the presidential race.

“There is no Plan B because we believe Senator Poe won’t be disqualified,” Escudero said during a visit here yesterday. “We are running as independents… we have no options.”

He said they chose to run as independent candidates because they believe the president should not belong to any party.

“I have seen how divisive party politics is,” he said, citing his experience during the term of former President Gloria Macapagal-Arroyo.

“For nine years our district did not benefit from any government project… The president should serve as president for those who voted and did not vote for him or her, whether he or she likes him or her, whether they are party mates or not,” Escudero said.

Escudero attended a forum with students and barangay officials at the Western Leyte College gym here. Poe was supposed to accompany him, but she begged off because of an upset stomach.

Escudero and Poe were also set to visit a temporary shelter in Barangay Cabalawan, meet with businessmen and the youth and attend a coconut festival in Tacloban City after their visit here.

The senator told The STAR he and Poe planned to visit Leyte rather than the areas hit by Typhoon Lando in northern Luzon so as not to distract the rescue and relief operations there.

READ MORE...

Escudero also noted that almost two years since Super Typhoon Yolanda struck Leyte, the rehabilitation funds have not been fully distributed.

He assured residents of Ormoc and Kananga in Leyte that he would look into their complaints on the distribution of emergency shelter assistance.

“We wanted to see what things are here, so that we can see gaps and make sure that what happened to the Yolanda relief and rehab efforts would not happen again,” he said.

No need to appear Meanwhile, the Commission on Elections (Comelec) said Poe does not need to appear during the Nov. 3 hearing of the disqualification case filed against her by losing senatorial candidate and now presidential aspirant Rizalito David.

Comelec Chairman Andres Bautista said the subpoena issued by the poll body’s law department only asks Poe to submit her counter-affidavit.

David, who also filed a disqualification case before the Senate Electoral Tribunal (SET), claimed Poe had “misrepresented” the facts of her being a natural-born citizen when she ran for senator in the 2013 elections.

Poe’s legal counsel George Erwin Garcia said David was “guilty of forum shopping.”

“What he cannot get from the other body, he intends to get it here. This is abhorred and absolutely prohibited. With all due respect, the Comelec should either dismiss this case or suspend proceedings as a matter of judicial courtesy,” Garcia said.

Scared of Poe Poe’s allies at the House of Representatives said her opponents were behind the disqualification cases because they were threatened by her high ratings in recent surveys.

“I don’t understand why her critics keep on filing these disqualification cases in the first place because these moves do not really strengthen the case,” party-list Rep. Silvestre Bello III told a news forum.

“They just want the public to have a notion that many people are questioning her qualifications... It’s like everybody is filing cases because for sure, it will make the news. This is engaging in foul play,” Bello said. – With Paolo Romero, Sheila Crisostomo, Rey Galupo


Chief News Editor: Sol Jose Vanzi

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