Justices question Comelec on 'material misrepresentation' ruling vs. Poe

Supreme Court justices on Tuesday questioned the Commission on Elections' finding of material misrepresentation in the case of Senator Grace Poe when she declared in her certificate of candidacy that she was a natural-born Filipino and had the consitutionally mandated ten years of residency in the country.

Associate Justices Jose Perez and Marvic Leonen grilled Comelec Commissioner Arthur Lim on whether there can be misrepresentation on a disputed point of law such whether a foundling with unknown parents, like Poe, may be considered a natural-born citizen.

"Up until this time Mr. Commissioner, is there an established ruling that a foundling is not a natural born citizen?" Perez asked Lim.

"None, your honor," came the reply.

"What is your basis for saying that she was making a false representation when until this day there is no established ruling on what really is the nature of the citizenship of a foundling?" Perez said.

Lim countered that while there was no Supreme Court definition of a foundling, the Constitution was clear on who are natural-born citizens.

The Comelec commissioner stood by the poll body’s decision that she committed material misrepresentation in her certificate of candidacy (COC) for president.

“The Commission has found so, your honor,” Lim said when asked if there was misrepresentation although there are several angles on citizenship and residency.

“Maybe you can cover that in your memoranda whether there can be misrepresentation on a contested point of law,” Leonen replied.

Leonen reminded Lim that the impartiality of the Comelec was important in the coming elections.

“Could this be the reason why the Constitution says that the qualification of a president, the sole and exclusive prerogative is with this Court [and] not with Comelec?" Leonen said.

"Could this be the reason why Section 78 of the Omnibus Election Code limits the Comelec to actually looking at material, false misrepresentation with an intent to deceive? Very limited narrow scope. Only be applied to a question of fact, not a question of law. So that, if it commits a mistake, it is not on the candidacy of any presidential candidate and Comelec maintains its partiality," he added.

To this, Lim stressed that his appearance at the SC for the oral arguments regarding Poe’s petition against Comelec’s decision to cancel her COC was a duty and not a sign partiality to anyone. —Trisha Macas/NB/JST, GMA News