Rizal Philippines
Comelect en banc disqualifies Poe, has five days to get TRO
From Inquirer - Reaction of Sen Grace Poe to her disqualification by COMELEC
Sen Grace Poe who was "disqualified" thrice by Comelec: by first division, by 2nd division and Comelec sitting en banc. Should be allowed to continue her bid to run for the highest position in the country. To do so would be unfair, and unjust.
The news shouted that she was "disqualified" which former Comelec said not allowed since only the Presidential Electoral Tribunal has the lone authority to disqualify her. The proper term would be petitioned to deny due course to her candidacy under Sec 78 of the Omnibus Election code.
With due respect to the HONORABLE MEMBERS of Comelec
Why she should be allowed to run:
1. Compliance with the requirements
Here are the qualifications of Philippine Elective Official from Philippine Election Lawyer (from Section 6 Article VI of the 1987 Constitution)
Qualification for Philippine President and Vice-President:
1. natural born citizen of the Philippines
2. registered voter
3. able to read and write
4. at least 40 years of age on the day of election
5. resident of the Philippines for at least 10 years immediately preceding the election.
1. As natural born citizen of the Philippines. The Comelec is estopped from now claiming she is not a Philippine citizen since Comelec allowed her to run for senator, ergo meaning to say she is indeed a Filipino citizen . Otherwise she should have been "disqualified" To disqualify her now on this basis now and then is inconsistent and unjust.
2. Ten year residency requirement. The august body for election has rather strict interpretation of # 5 but 9 years + 6 months can be rounded off to 10. Yes did the previous residency of Poe since she was born up to the time she went to US not conducted. Talk about the spirit and letter of the law. (Since the opponents could be behind this, strict implementation of the letter of the law.would be the standard.)
The issue is not actual residency but her domicile of origin. She was born here in the Philippines and her domicile is the Phil even if she stayed in the US.
In a phone interview with GMA News Online, Brillantes said the Constitution asks not for the actual period of residence but for legal residence or Domicile
“Parang ang interpretasyon nila ay 'yung tinatawag na actual residency,” Brillantes said, commenting on the accusation by the United Nationalist Alliance (UNA) against Poe. “As far as residency is concerned, qualified si Grace Poe, based on the issue on domicile.”
Brillantes was the election lawyer of Poe's father, the late Fernando Poe Jr., when the elder Poe ran for president in the 2004 elections.
“Ang opinyon ko diyan ay kung si Grace Poe ay pinanganak dito, ito ang kaniyang domicile of origin, resident na siya simula nu'ng pinanganak siya hanggang ngayon,” said Brillantes.
He also said that even if Poe lived in the US under a dual citizenship, she “reacquired her domicile” when she returned to the Philippines following her father's death in late 2004.
“Kung bibilangin mo hanggang 2016, lampas pa siya sa 10 years,” he said, referring to the 10-year residency requirement under the Constitution. - See more at: http://www.gmanetwork.com/news/story/497746/news/nation/ex-comelec-chair-brillantes-grace-poe-can-t-be-disqualified-over-residency-issue#sthash.RsG6Qdg0.dpuf
She would probably have been disallowed to run under Section 78, petition to deny due course for her COC, and that there was material representation. (so the 6 months short for residency)
2. No grounds for DISQUALIFICATION under Section 12 and 68 of the OEC exist vs Sen Grace Poe. Only PET has the authority to do this according to the law and as expounded by Fmr Comelec Commissioner Sixto Brillantes. From Inquirer - Comelec has no authority on Poe disqualification
The grounds for disqualification (as is often said in the news) are insanity, incompetence and conviction for crimes of insurrection, rebellion and the like. (another candidate for the same position could be disqualified for this reason. and more - ill health. Is she capacitated to run when her health is suspect? Why has not anyone qustioned the state of mind of current leadership?)
Please take note that certain candidates in the past Trillanes, Honasan, Jalosjos
From Yahoo Answers - Why was Trillanes allowed to run as Senator. The usual reason unless convicted by courts, a person is presumed to be innocent even if in jail.
Did the Comelec decide on whether they are disqualified or not? They were allowed to run. Even ERAP after having been jailed and convicted was allowed to run, albeit as a mayor.
No such conditions exist for Sen Poe to be disqualified.
This post is not a lawyernor am Poe fan. I have my doubts on her maturity But these are arguments why Sen Grace Poe should be allowed to continue her bid to be next President of the Philippines if the people of the country so decides
