Poe, David face off today

MANILA, Philippines - Sen. Grace Poe is expected to face the complainant in the disqualification case filed against her before the Senate Electoral Tribunal (SET) today.

Nelson Victorino, Poe’s chief-of-staff, said the preliminary conference with petitioner Rizalito David is set at 10 a.m.

“The SET rules require the personal attendance by both the petitioner and the respondent,” Victorino said in a text message.

Sen. Vicente Sotto III, a member of the SET, said Poe should attend today’s hearing for the presentation of the case from both sides.

Poe’s camp had disputed claims that she abandoned her Filipino citizenship when she acquired American citizenship in 2001.

“Based on facts, documentary evidence and pertinent laws and jurisprudence, she is a natural-born citizen and her residence or length of stay in the country is more than sufficient when she ran and won as a senator,” Poe said in her legal argument before the SET.

Poe’s lawyers also moved for the dismissal of David’s petition on grounds that the period to question her qualifications had lapsed. They said the rules of the SET are clear that qualifications of a senator may only be questioned within 10 days of proclamation as senator. 

“For the same reason, Senator Poe’s citizenship, as part of the qualification of a senator, can no longer be questioned,” it added.

No citizenship change

Poe’s camp also debunked claims the citizenship of a senator may be questioned at any time, saying such rule applies only if the senator changed his citizenship after being proclaimed or when he concealed his citizenship when he filed his certificate of candidacy.

“She never concealed anything regarding her life and background. From the very start, the entire country knows that Sen. Grace Poe is a foundling and was adopted by a kind-hearted couple, the late actor Fernando Poe Jr. and Susan Roces,” the senator’s camp added.

They also noted that more than 20 million Filipinos elected her, “which just shows that the entire country, in a way, has decided that a foundling is a natural-born Filipino.”

Discrimination

The disqualification case against Poe before the SET is discrimination against abandoned children, according to law professor Katrina Legarda.

Legarda said David’s petition based on Poe’s being a foundling could set a dangerous precedent and is tantamount to saying that children whose parents are not known have no civil and political rights.

“If a foundling is not presumed natural-born then no abandoned child can ever aspire for national office,” she said in a statement. “If you really believe that a foundling has no citizenship at birth, that means no foundling can be a doctor, a lawyer, a journalist… because you have to be a citizen to be that.”

She said David’s argument violates the equal protection clause in the Constitution.

“You cannot have one law for abandoned children whose parents are known and another law for abandoned children whose parents are not known,” Legarda said.

Requirements

She said she believes Poe has satisfied the citizenship and residency requirements of the Constitution for those running for senator or higher elective posts.

“There is no question that Poe is a natural-born Filipino, as cited in a 1951 opinion of the Department of Justice that holds in force to this day, a foundling is a citizen of the place where he is found by virtue of the standing principles of international law,” Legarda said.

She added that documents Poe submitted before the SET show that she is a residence of the country for 11 years.

On Poe’s residency abroad for a number of years, Legarda said she only followed the legal domicile of her husband. 

“She decided to come back here when her father died in 2004 and (her husband) followed her. This time it was his turn to follow her… she said ‘I’m going to come back to live here because my mother is alone’,” Legarda added.

Natural-born

Legarda said Poe as an abandoned child “found” in Jaro, Iloilo in 1968 is a natural-born Filipino citizen because the framers of the 1935 Constitution, which was in effect at the time of her birth, had recognized that foundlings in the Philippines are Filipino citizens based on generally accepted principles of international law without further need of legislative action.

“By international law, the principle that children or people born in the country of unknown parents are citizens of that country is recognized, it is not necessary to include these children (as they) are presumed to be Filipino,” she  said.

Legarda said the Philippines has long recognized this principle when it presumed an abandoned child found by a doctor to be a citizen of the Philippines under a Department of Justice opinion.

She added that only Filipino children could be adopted under the Domestic Adoption and Inter Country Adoption Code. 

Poe’s decision

Meanwhile, Sen. Francis Escudero said his political plans for 2016 would depend on Poe’s decision. 

“It’s going there but no final decision yet,” Escudero told journalists in Dagupan City when asked if he would run for vice president.

He said he would support whatever would be Poe’s decision.  – With Edu Punay, Eva Visperas