It is more fun criticizing
Rizal Philippines
December 24, 2015
Merry Christmas in 4 hours.
From Rappler - Explainer on Poe Disqualification by Emil Maranon III
The issue for the disqualification of Poe is a complex one.
Strictly speaking Comelec cant disqualify Poe. Only the PET can
1. There are 2 course of action vs Sen Poe -
disqualification Section 12 and 68 and
petition to deny course under Section 78
2. Disqualification can be based only on the following grounds
: insanity incompetence and conviction for crimes, insurrection, subversion and rebellion among others. Inability or absence of qualfication is not one of them. Only PET can decide on this
3. Petition to deny course is another issue.
The full and exact discussion is quoted here:
- "Under Section 78, a COC may be denied due course or cancelled when a candidate commits “material representation” in his COC. Under prevailing jurisprudence, that means one should prove that there is “deliberate attempt to mislead, misinform, or hide a fact which would otherwise render a candidate ineligible. In other words, it must be made with an intention to deceive the electorate as to one’s qualifications for public office.”
- Petition to Deny Course, however, does not tackle the qualification of the candidate per se, but whether the candidate committed any deliberate misrepresentation in relation to those qualifications. Bad faith being an indispensable element of the petition, good faith naturally is an available defense. Thus, an ineligible candidate who made an erroneous declaration in an honest belief that he possesses all the qualification cannot come under the provision.
- Despite the above distinctions, the two remedies have the same effect of eliminating a candidate from an electoral race. This is why candidates have long exploited these remedies to eliminate opponents without the benefit of an election, or to simply increase their chance of winning. From the perspective of cost, this is the cheaper way to win an election."
This is really not a disqualification case, but a question of misrepresentation. or motive to misrepresent. The opponents of Poe may employ the Petition to Deny Course under Section 78 is the best way to defeat opponents cheap
It is established by the l987 constitution that only PET has sole authority to to disqualify Presidential Candidate. Comelec may view this a dimunition of authority. Thus the decision of Comelec is summary, merely examination of documents and no hearings are conducted. The issue of citizenship would have to settled in courts, being long and complex.
This post is not partial to Sen Grace Poe; but the Comelec and or the political opponents of the good senator must respect law; if not exercise fairness and justice. She must be allowed to have her day in court and at the polls
This post respects the decision of the Comelec commissioners sitting en banc. But the public must know what are the legal issues involved. The good body could have erred.
