SET asks SC to junk David's petition vs Poe

MANILA, Philippines - The Senate Electoral Tribunal (SET) on Monday asked the Supreme Court to dismiss the petition of Rizalito David to reverse its decision on the disqualification case against Sen. Grace Poe.

The tribunal, represented by the Office of the Solicitor General (OSG), argued that it did not commit grave abuse of discretion in upholding Poe's natural-born Filipino citizen status.

The OSG said that the SET decision embodies a just interpretation of Section 1, Article IV of the 1935 Constitution, which states that foundlings are citizens of the Philippines.

"The understanding that foundlings are citizens of the Philippines rests on the rational and practical assumption that a child of unknown parentage is the son of a Filipino. This assumption makes foundlings in the Philippine natural-born citizens," the OSG said.

Solicitor General Florin Hilbay also pointed out that the SET did not commit grave abuse of discretion in ruling that Poe validly reacquired her natural born-citizenship under Republic Act 9225 or the Citizenship and Retention and Reacquisition Act of 2003.

"...(N)atural-born citizens of the Philippines who lost such status due to their naturalization as citizens of foreign countries shall be deemed to have reacquired their citizenship upon taking the required oath of allegiance to the Republic," the OSG said.

On July 2006, Poe took an "Oath of Allegiance" to the country. A few days later, she filed a petition for reacquisition of Filipino citizenship before the Bureau of Immigration.

Meanwhile, SC Associate Justices Antonio Carpio, Teresita Leonardo-De Castro and Arturo Brion have formally inhibited from the high court's review of the SET ruling on Poe's case.

The three SC justices, who were members of the SET, along with Sen. Nancy Binay voted to disqualify the senator.

On the other hand, Sens. Pia Cayetano, Loren Legarda, Bam Aquino, Cynthia Villar and Tito Sotto voted in favor of the Poe.

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