Tatad to ask SC to make ‘proper decision’ on Grace Poe case

Spurred by a magistrate's claim that less than a majority of the 15-man Supreme Court (SC) view Sen. Grace Poe as natural-born Filipino, former Sen. Francisco Tatad said Saturday that he will ask the justices to revisit their decision allowing the lawmaker to push through with her presidential bid.

"We were made to believe that there were nine votes in favor of Grace Poe's so-called 'Filipino citizenship.' Yun pala, walang nine votes, kundi seven votes, which is less than the majority so there is no ruling of the court. Simple majority of 15 is eight, not seven," Tatad said in a press conference in Quezon City.

Tatad, one of the four complainants against Poe's presidential bid, was referring to Senior Associate Justice Antonio Carpio's claim in his dissenting opinion that "there is no majority of this Court that holds [Poe] is a natural-born Filipino citizen."

He said that only seven justices, not nine, voted in favor of Poe's petitions and three magistrates had no opinion on the matter.

The SC earlier announced that justices voted 9-6 in Poe’s favor, paving the way for the senator and all foundlings like her to seek elective posts, including the presidency.

Tatad said he would not recognize the SC's decision in light of Carpio's claim.

"That is the basic problem now. We will ask for a cause of action with the Supreme Court and hopefully it will result in a re-vote and a proper decision will be made."

Tatad's counsel, Manuelito Luna, said in a text message to GMA News Online that he will file the appeal on Tuesday, March 15.

In an apparent answer to Carpio's claim, Chief Justice Maria Lourdes Sereno said that a "clear majority of seven" voted in Poe's favor.

Citing Rule 12, Section 1 of the Internal Rules of the SC, Sereno said in her concurring opinion that all decisions and actions in court en banc cases "shall be made up upon the concurrence of the majority of the Members of the Court who actually took part in the deliberation on the issues or issues involved and voted on them."

Sereno excluded the three justices who did not give their opinions on the case and counted only 12 justices.

Luna found Sereno's reasoning unacceptable.

"The total number of justices who participated and voted on the result (to grant Poe's petition for certiorari or not) was 15," he said.

The lawyer said that the Chief Justice might have "violated the Internal Rules" of the high court and that "the Constitution was breached, jurisprudence was ignored and the rules were desecrated" with Sereno's reasoning.

Estrella Elamparo, also one of Poe's complainant, said she will also file a motion for reconsideration with SC.

"I will file an MR as soon as possible. I'm still formulating specific grounds," Elamparo said.

Former University of the East College of Law Dean Amado Valdez had also said that he will also ask the high court to reverse its ruling.

The SC said in its decision that the Comelec committed grave abuse of discretion when it barred Poe from running on the ground that she made false statements on her nationality and period of residence in the Philippines.

Penned by Associate Justice Jose Perez, the SC ruled that the poll body's resolutions against Poe's candidacy "are, one and all, deadly diseased with grave abuse of discretion from root to fruits." 

The SC said Poe is a natural-born Filipino citizen and has complied with the Constitution's 10-year residency requirement, having been an actual resident of the Philippines since she came back from the United States on May 24, 2005. —ALG, GMA News