Rizalito David appeals disqualification case vs. Grace Poe

(Updated 6:52 p.m.) Radio commentator Rizalito David on Monday asked the Senate Electoral Tribunal (SET) to reverse its ruling junking his disqualification case against Sen. Grace Poe.

 

In a 66-page motion for reconsideration filed with the SET office, David said the tribunal erred in its decision by concluding that Poe, a foundling, is a natural-born Filipino citizen based merely on a “presumption” under international law.

 

“The Tribunal gravely abused its discretion when it held that respondent enjoys the disputable presumption that she was born of Filipinos (parents),” David said.

 

David pointed out that what the United Nations (UN) declaration merely grants is a “presumption” that a person, with no known parents, was born by a citizen of the country where he or she was found.

 

“It bears reminding that when the Constitution says that a senator must be natural-born Filipino citizen, what it meant is, that the concerned is, without doubt, a jus sanguinis citizen or citizen at birth…that is, his or her biological father or biological mother is a citizen of the Philippines,” David said in his motion.

 

In a 5-4 vote, the SET last week dismissed David's disqualification case against Poe, which seeks to unseat her from the Senate on the ground that she is not a natural-born Filipino citizen.

 

The SET members who voted to junk David's petition were Senators Vicente "Tito" Sotto III, Loren Legarda, Bam Aquino, Cynthia Villar and Pia Cayetano.

 

Meanwhile, those who voted in favor of David's petition were Supreme Court (SC) Associate Justices Antonio Carpio, Teresita Leonardo-De Castro and Arturo Brion as well as opposition Senator Nancy Binay, daughter of Vice President Jejomar Binay.

 

VP Binay, Poe and David had earlier filed their certificate of candidacy to run for president in 2016 elections.

 

“She (Poe) is only presumed to be a natural-born on the basis of the international law. Kasi if we will base on the Constitution, which requires jus sanguinis or blood relation, it is a certainty that she is not [a natural-born Filipino],” David said in a chance interview with reporters after filing his motion.

 

David further claimed that the senators who voted in favor of junking of his quo warranto petition to disqualify Poe violated the Constitution by putting "primacy to international law."

 

“Nung bumoto ang mga senators, mas binigyan nila ng weight yung presumption over fact…The senators violated the Constitution because they put primacy on international law,” he  said.

 

David further reiterated his claim that the senator members of SET, except for Binay, voted to junk the petition due to political considerations.

 

"The five who voted in her favor are all Senators. Being elected Senators like Poe herself, it is quite understandable that they decided in favor of Poe not entirely because it is legally correct but because it is more politically advisable and proper to do so,” David’s motion read.

 

David said the position of the three SC justices who voted in favor of his petition, affirms the legal strength of his arguments

 

"In fact, the three Justices of the Supreme Court, who are considered more knowledgeable about our laws as this is their main function, voted against Poe together with a single Senator whose father is a lawyer,” David said.

 

David said he is hoping that the senators who opted to junk the petition would re-examine the supposed strength of his case and vote in his favor.

 

"I cannot be certain about that, but I'm just hoping, because the arguments that they presented [in the ruling] is medyo ano talaga, medyo faulty,” David said.

 

David said he is prepared to elevate the matter before the SC should the tribunal deny his motion for reconsideration.

 

Sought for comment on David's appeal, Sotto said it is better to just wait for the resolution of the SET.

“It’s better I do not comment and wait for our resolution,” the senator said in a text message to GMA News Online.

For her part, Cayetano denied that her decision to junk the disqualification case against Poe was on politics.

"In connection with queries on my position regarding the petition filed against Senator Grace Poe before the SET, my decision is based on my appreciation of the case," she said in a press statement. "It is NOT to be equated with WHO I am supporting for the Presidency." —with Amita O. Legaspi/KBK, GMA News