SC dispels ‘8-5’ rumors on FPJ

As text messages spread, the Supreme Court dispelled yesterday rumors that the tribunal had decided by an 8-5 vote to disqualify actor Fernando Poe Jr. from the presidential race without conducting hearings.

Court spokesman Ishmael Khan and clerk of court Luzviminda Puno told a press conference the high tribunal has yet to take up three petitions seeking Poe’s disqualification over questions on his citizenship.

Khan, head of the Supreme Court public information office, said they had been hearing rumors since last week that Poe’s disqualification was already "a done deal" on orders from Malacañang.

"We hope that the people will just follow and rely on the official pronouncements from the Supreme Court. These rumors are actually silly," Khan told reporters.

The Supreme Court will hear oral arguments on the petitions on Thursday.

Four legal experts or "friends of the court" have been invited to give their opinions on the case: former Supreme Court justice Vicente Mendoza; constitutional expert Fr. Joaquin Bernas; Merlin Magallona, former dean of the University of the Philippines College of Law, and UP law professor Ruben Balane.

Citing unidentified Supreme Court "insiders," a newspaper reported yesterday that the tribunal had already voted 8-5 to disqualify Poe with Associate Justice Conchita Carpio-Morales tasked to pen the majority decision.

The report did not say how each justice in the 15-member tribunal purportedly voted.

Morales is a relative of Associate Justice Antonio Carpio, a former senior partner of Carpio Villaraza Cruz, a law firm closely associated with President Arroyo, the newspaper report said.

Neither Morales nor Carpio was immediately available for comment.

In a separate interview, Sorsogon Rep. Francis Escudero, who also acts as Poe’s spokesman, said it does not help that eight of the 15-member Supreme Court are appointees of Mrs. Arroyo, Poe’s main rival in the upcoming presidential polls.

But Escudero quickly added that issue was a "concern that won’t necessarily tarnish the image of the Supreme Court or the reputation of the justices who would be ruling on the case."

Ousting Poe from the presidential race would be "infringing on the people’s right of suffrage," he said.

Sought for comment on the newspaper report, Presidential Spokesman Ignacio Bunye said it would be "unfair to make a prejudgment" on the Supreme Court, saying the tribunal "has ruled very fairly and equitably and wisely in the past."

"The Supreme Court is a coequal and independent body and they will exercise their independence in making these decisions which affect the lives of every Filipino," Bunye said.

Bunye also rejected unconfirmed reports that Solicitor General Alfredo Benipayo, a former Supreme Court justice, was set to resign because of alleged interference from Malacañang.

Bunye said he has received no word if Benipayo has resigned or has been removed by the President.

Benipayo will "make his representations based on his assessment on what the law is but we don’t know, frankly, what will be his position (on the petitions against Poe)," Bunye told reporters. "We believe that Solgen Benipayo will continue with his present duties."

Poe’s camp accuses the Arroyo administration of orchestrating the disqualification petitions — all filed by lawyers — to derail the candidacy of Poe.

Petitioners seeking Poe’s disqualification claim he is not a Filipino citizen because his parents allegedly held foreign citizenship.

Poe’s camp also accuses Malacañang of forging birth and marriage records to put Poe’s citizenship in question.

Last week, the Commission on Elections (Comelec) ruled with finality on a petition filed by lawyers Andresito and Victorino Fornier seeking Poe’s disqualification, prompting the petitioners to elevate their petition to the Supreme Court, where the two other petitions were already pending.

Jeanette Tecson, who along with lawyers Felix Desiderio Jr. and Gertrudo de Leon filed one of two petitions with the Supreme Court, said the tribunal is the proper body that should decide on the issue.

"Under Paragraph 7, Section 4, Article VIII of the 1987 Constitution, it is the Supreme Court, sitting en banc, that is the sole judge of all contests relating to the election, returns and qualifications of the president of the Philippines," she said.

Tecson, Desiderio and De Leon filed their motion with the high tribunal on Jan. 22, a day before the Comelec issued an initial ruling clearing Poe to run.

Last Jan. 23, the Comelec’s three-member first division rejected the petition filed by the Forniers for lack of merit.

Election officials said Poe’s father was a Filipino citizen in spite of his Spanish heritage and, therefore, the younger Poe is a natural-born Filipino.

The petitioners then asked the full seven-member commission to reverse the decision but lost, prompting the Forniers to go to the Supreme Court.

The Comelec ruling provided some calm to a potentially explosive issue. Poe’s supporters earlier said they would take to the streets if their candidate was taken out of the race.

Poe’s lawyer, Estelito Mendoza, earlier warned of "civil disobedience" by Poe supporters if the popular political neophyte — known by his initials FPJ — is disqualified.

Bunye said the warning was "uncalled for."

"The Supreme Court is the final arbiter of matters pertaining to the law and the decision of the court deserves respect and obedience," he said. "We’re hoping that these calls will not be heeded. We’re hoping that everybody will stick to the rule of law."