BIASED or not, Sen. Grace Poe’s case will still be decided by the majority of the justices of the High Tribunal, even if Chief Justice Ma. Lourdes Sereno had argued in favor of foundlings while the case is still under judicial consideration.
After all, the case will soon be decided on the merits whether Poe is qualified to run for President.
Bear in mind that everything goes, pros and con, in an oral argument where everyone concerned in the proceedings can openly ask questions and defend his or her position, partial or impartial.
At the oral argument on Poe’s case on Tuesday, Sereno said disqualifying Poe from the presidential election in May for being a foundling could set a dangerous precedent and have dire consequences if upheld by the Supreme Court.
Sereno asked Commission on Elections (Comelec) Commissioner Arthur D. Lim this: “If you are saying that foundlings are not natural-born citizens, have you thought about the impact on the rights of all foundlings?”
“The court now has to categorically answer the question about her [Poe’s] status, because the pronouncements we will make will affect so many others,” the Chief Justice said.
In a story published by Philippine Star, Sereno explained that the Constitution does not exclusively comply with the jus sanguinis (right of blood) principle or the determination of natural-born citizenship through bloodline.
Lim categorically asserted that the constitutional requirements on those seeking the highest post of the land were at issue and not the rights of foundlings. Lim said the citizenship of Poe follows that of the father or the mother under the 1987 Constitution and the 1935 Constitution.
He pointed out that this is the requirement of the Constitution which is not even satisfied if Poe identifies her parents because the Charter requires that a presidential candidate be natural born from birth.
Section 2, Article IV of the Constitution provides that “natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”
For his part, Senior Associate Justice Antonio T. Carpio simply asked what is the meaning of “from birth?” “It implies continuity. And precludes a break,” to which Lim answered in the affirmative.
In his dissent in the Senate Electoral Tribunal upholding the Senate seat of Poe, Associate Justice Arturo D. Brion said that, even if Poe had been a natural-born Filipino citizen, her decision to become a naturalized citizen of the United States makes her ineligible to reclaim her being natural born.
“As a foreigner who had undergone an expedited form of naturalization under RA [Republic Act] 9225, she had to perform acts to acquire Philippine citizenship and did not, therefore, fall under the Constitution’s definition of a natural-born citizen,” Brion said.
Actually, the Chief Justice may have expressed a doubt over the Comelec decision to disqualify Poe.
The question is: Will the Supreme Court resolve the doubt in Poe’s favor?
To reach the writer, e-mail cecilio.arillo@ gmail.com.
1 comment
The Cheap Justice definitely is!