Poe camp to complainant David: Move on

(Updated 3:18 p.m.) The camp of Senator Grace Poe on Friday slammed defeated senatorial candidate Rizalito David for saying the decision of Senate Electoral Tribunal was a “political accommodation” and urged him to move on.

“Mr. David has been ill-advised for disparaging the SET decision. It was not a political decision but a clear-cut judgment based on prevailing jurisprudence,” lawyer George Garcia, Poe’s counsel, said in a press statement.

He said the SET was clear in establishing that Poe is a natural-born Filipino and David now bears the burden to prove this otherwise.

Garcia said Poe is a natural-born citizen under the 1935 and 1986 Constitution, and that the senator was presumed a natural Filipino because she did not have to do anything to acquire her status.

“And yet, Mr. David kept on blaming the SET member-senators who voted in favor of Sen. Poe and calling their decision political. It is becoming more and more obvious that Mr. David has nothing to stand on—that all his allegations about this foundling not being a natural-born Filipino citizen are just part of a sinister plot that he and his cohorts concocted,” Garcia said.

“(David should) just move on and focus his efforts instead to finding incontrovertible proof that Sen. Poe is not a natural-born Filipino. In fact, that would be a life-changing search. Even Sen. Poe would be interested in that. So why doesn’t Mr. David do all of us a favor, stop assailing the SET and embark on a search for Sen. Poe’s parents?” he added.

David earlier said the senators who voted to junk his disqualification complaint against Poe did that due to political accommodation and not on legal issues. 

“Parang ang nangyari ngayon, 'O, Grace, pinagbigyan ka na namin, at least dito sa Senate Electoral Tribunal. Pero pagdating dun sa Supreme Court, ay wala na kaming magagawa diyan kapag sinabi ng Supreme Court na hindi ka pwedeng manatili bilang senador,'” David said in an interview aired on GMA News' “24 Oras” on Wednesday.

In a 5-4 vote, the SET on Tuesday dismissed David's disqualification case against Poe, which seeks to unseat the latter from the Senate on the ground that she is allegedly 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.

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.

Garcia also said that “since (David) appears to be obsessed with Sen. Poe’s foreign blood, then maybe he should start making more frequent trips abroad to embark on such a search.” 

Escudero calls on 3 SC justices to inhibit

Meanwhile, Senator Francis Escudero, Poe’s running mate, expressed hope Friday that Carpio, De Castro and Brion would inhibit themselves from deliberation should the SET verdict junking the disqualification case is challenged before the Supreme Court.

He said it would be a violation of Poe’s right to due process if the three justices will be allowed to participate in the appeal of the SET decision before the high court.

“If we look at the procedure, precedents and common practice, the three justices cannot participate in the appeal of the SET decision because they can’t review their own decision,” Escudero said in a press statement Friday.

“Delicadeza also dictates that the concerned justices inhibit themselves in the event the disqualification case is brought before the SC for final determination,” he added.

He expressed frustration and disappointment over the decision of SC justices who voted in favor of the disqualification case.

He said the position taken by Carpio, De Castro, and Brion was a clear form of discrimination against foundlings whom they regarded as not natural-born Filipino citizens and thus barred from running and be elected to national posts.

“Nakakalimutan po yata nila ang isang basic na prinsipyo sa batas na nagsasabing ‘those who have less in life should always have more in law.’ Para sa mga kapos-palad at salat sa buhay, dapat ‘yung pagkukulang na iyon pinupunan ng batas at iyon ang dapat maging susi at tulay at instrumento para makamit ang hustisya,” he said. —KG, GMA News