The Senate Electoral Tribunal on Thursday voted 5-4 to affirm its decision declaring Sen. Grace Poe as a natural-born Filipino, junking the motion for reconsideration filed by petitioner Rizalito David.
The same members who voted to dismiss David's petition on November 17 voted to junk his motion for reconsideration, namely Senators Tito Sotto, Cynthia Villar, Bam Aquino, Pia Cayetano and Loren Legarda.
"No new argument. Motion denied," said Sotto in a text message to GMA News Online regarding their latest decision.
The other members of the nine-member body are Supreme Court Associate Justices Antonio Carpio, Teresita Leonardo-de Castro, and Arturo Brion; and Sen. Nancy Binay.
Interviewed after emerging from the SET meeting, Carpio told reporters: "No new issues were raised. We just affirmed our own positions, our own votes."
Carpio also said he would inhibit from the case if David's camp eventually decides to elevate the matter to the Supreme Court, because under the rules, SC justices are not allowed to review their own decisions.
Asked if her fellow justices De Castro and Brion would also distance themselves from the case if it reaches the SC, Carpio said: "I suppose they will inhibit. They also indicated they will inhibit."
Legarda said the SET deliberation did not even take long. "Halos hindi nga pinag-usapan. Wala namang nagbago. Wala nang botohan. Everybody just... one minute lang [pinag-usapan]," she said
In the November 17 ruling, the SET said that as a foundling, Poe is considered a natural-born Filipino because the framers of the 1935 Constitution "did not intend to exclude foundlings from natural-born citizenship."
In his motion, David, who wants to unseat Poe as a senator, sought to reverse the SET's earlier ruling.
Poe's candidacy for president in 2016 has hit a snag after she was disqualified by the second division of the Commission on Elections for allegedly failing to meet the 10-year residency requirement set by the Constitution for a presidential candidate.
Meanwhile, Poe's camp welcomed the new SET ruling, saying the denial of David's motion "is a clear indication that Senator Poe is a natural born Filipino."
"In the coming days we hope and pray that the Comelec does the same and upholds the rights of foundlings," said Valenzuela Mayor Rex Gatchalian, Poe's official spokesperson.
He said Poe is grateful to the members of SET "for continuing to uphold the rights of foundlings." —KBK, GMA News
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