MANILA, Philippines - Election lawyer Romulo Macalintal yesterday said the accusation of losing presidential bet Lito David that Sen. Grace Poe’s birth certificate was “altered” is beyond the jurisdiction of the Senate Electoral Tribunal (SET).
The SET is hearing David’s petition for quo warranto, a legal procedure, which assails the senator’s nationality and her right to hold public office in the country.
Macalintal explained that “if there is any issue or question regarding any entry, event or order concerning the civil status of any person such as, but not limited to, births and adoption, any interested person may file a petition for cancellation or correction of such entry with the Regional Trial Court of the province where the Local Civil Registry having such record is located as provided under Rule 108 of the Rules of Court.”
Without this petition, he maintained that “the entries in the civil registry document shall be considered as public document and shall be prima facie evidence of the facts therein contained as provided under Article 410 of the Civil Code.”
“In legal parlance, the venue and remedy of David’s allegation of alteration of Poe’s birth records were improperly laid before the SET. It is not for the SET to determine whether or not the birth record was falsified,” he added.
Macalintal said David is “practically asking the SET to correct” Poe’s birth certificate.
“This cannot be done by the SET because it has no jurisdiction over actions to correct any entry or order concerning the civil status of any person since, as stated, it can only be done through a direct action for cancellation or correction of such entry,” he added.