Comelec 1st Division cancels Poe’s COC for president

Voting 2-1, the Commission on Elections First Division canceled on Friday morning Sen. Grace Poe’s certificate of candidacy for president.

The case stemmed from the petitions filed by former Sen. Francisco Tatad, Prof. Antonio Contreras and former UE Law Dean Amado Valdez.

Interviewed on GMA News TV’s Balitanghali, Poe’s legal counsel, Atty. George Garcia, said those who voted in favor of the petitions against Poe were Commissioners Rowena Guanzon and Luie Tito Guia.

Commissioner Christian Robert Lim dissented.

In a 49-page decision, the Comelec First Division said Poe committed material misrepresentation in her COC and that she “deliberately attempted to deceive and mislead the electorate” on both her citizenship and residency qualifications:

POE-LLAMANZARES – Omnibus Resolution

Citing the 1987 and 1935 Constitutions, as well as relevant laws, the division said Poe, “though a Filipino citizen, was not and could not have been a natural-born Filipino because she was adopted as a foundling with unknown biological parents.”

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“Yet in complete disregard of what is clear under the law, the Constitution, and jurisprudence, Respondent declared in her COC for President that she is a natural-born Filipino citizen who is fully required to run and serve as President of the Philippines,” it said.

It also said Poe committed material misrepresentation when she declared she would be a resident of the Philippines for 10 years and 11 months by the May 9, 2016 elections.

It said it was not convinced that the six years and six months Poe declared in her COC for senator in 2012 was an honest mistake.

“It is indeed incredible to think that Respondent (Poe), a well-educated woman and already then a public servant with full staff support, including a legal team, would not know how to correctly declare the facts material to her candidacy for the 13 May 2013 Elections,” it said.

It added that the form she filled out “is very clear that what was required to be stated therein is the period of residency up to the day of the elections” in 2013.

The First Division also pointed out that computed from October 2, 2012, the date Poe provided in her COC for senator is “more or less around” April 2006, which “still does not match Respondent’s claim that she has been a resident of the Philippines since 24 May 2005.”

Appeal

Poe, meanwhile, immediately released a statement accusing the First Division of ignoring the evidence she presented “just to deny me the chance to better serve our countrymen, and to also deny our people their choices in an open election.”

In the Balitanghali interview, Garcia said the division’s decision is not yet final and executory and is subject to a motion for reconsideration.

“Wala pa rin pong pagbabago, ganun pa rin po ang effect nito … kami po ay kandidato pa rin … ang aming pangalan ay nasa listahan pa rin, hindi po magbabago ang lahat,” Garcia said. “Kami po ay magfa-file agad ng motion for reconsideration limag araw paglabas ng desisyon na ito.”

In a separate interview with GMA News Online, Garcia said the decision, with Lim’s dissent, is a “good development,” and they will look into the points the commissioner raised in his dissenting opinion.

“Magandang development ito bagamat hindi kami pinalad, kasi po may nagsasabi ng ano ang tama naming ipinupunto at mali,” he said.

He added: “Sinabi po sa akin ng mga kawani ko sa opisina, mas makapal po ‘di hamak ‘yung naging dissenting (opinion) ni Commissioner Lim. Marami siyang pinupunto at pag-aaralan naming mabuti kung ano ‘yung mga pinupunto niya.”

He also said they will “definitely” use Lim’s opinion in their appeal should the case reach the Supreme Court.

He added: “At sana po, baka sakaling maging basehan rin ng desisyon ng Comelec en banc.”

Second setback

This marks the second setback by Poe before the poll body.

On December 1, the Comelec Second Division voted in favor of the cancellation of Poe’s COC based on the petition filed by lawyer Estrella Elamparo.

All three members of the Second Division—Commissioners Al Parreño, Arthur Lim and Sheriff Abas—voted in favor of Elamparo’s petition.

Poe’s camp has since appealed the Second Division’s ruling before the Comelec en banc.

Source: www.gmanetwork.com