The Philippine Star

Poe camp slams accuser for bitterness over SET ruling

- By CHRISTINA MENDEZ

The camp of Sen. Grace Poe yesterday challenged Rizalito David to produce evidence that will prove she is not a natural-born Filipino rather than criticize the majority decision of the Senate Electoral Tribunal (SET) that junked David’s petition to unseat the senator.

Poe’s lawyer George Garcia said the SET was clear in establishi­ng that Poe, a foundling and presidenti­al candidate, is a natural-born Filipino, hence eligible to continue serving as senator.

He maintained that Poe was presumed a natural Filipino because she did not have to do anything to acquire her status.

“And yet, Mr. David kept on blaming the SET member-senators who voted in favor of Senator Poe and calling their decision political,” Garcia said.

“It is becoming more and more obvious that Mr. David has nothing to stand on –that all his allegation­s about this foundling not being a natural-born Filipino citizen are just part of a sinister plot that he and his cohorts concocted,” he added.

Garcia said David should just move on and “focus his efforts instead to finding incontrove­rtible proof that Sen. Poe is not a natural-born Filipino.”

“In fact, that would be a lifechangi­ng search. Even Senator Poe would be interested in that. So why doesn’t Mr. David do all of us a favor, stop assailing the SET and embark on a search for Sen. Poe’s parents. And since he appears to be obsessed with Sen. Poe’s foreign blood, then maybe he should start making more frequent trips abroad to embark on such a search,” Garcia added.

The lawyer also lambasted David for disparagin­g the SET decision, saying that “it was not a political decision but a clear-cut judgment based on prevailing jurisprude­nce.”

SET members Sens. Vicente Sotto III and Bam Aquino also lashed out at David for saying that the SET decision was a political move.

Sotto and Aquino, along with Sens. Loren Legarda, Cynthia Villar and Pia Cayetano, voted to junk the case against Poe last Tuesday.

“Ask him if the SET is a political institutio­n or not. If not, let us change what the Constituti­on said that six senators should be part of the SET. Let us replace them with appointed officials, not elected officials,” Sotto said.

Sen. Aquino, a cousin of President Aquino, said the political move would have been to disqualify Poe “because I am with the Liberal Party and supporting former interior secretary (Manuel) Roxas.”

“For me, this decision was beyond politics and to an extent, beyond Sen. Poe. The only issue that we tackled was whether foundlings are natural-born citizens or not. What weighed heaviest for me was that an adverse decision would have a negative effect on the thousands of foundlings in our country, stripping them of rights and privileges they already were enjoying. And surely, we shouldn’t marginaliz­e the already marginaliz­ed.”

SET chairman Supreme Court Senior Associate Justice Antonio Carpio and SET members Justices Teresita Leonardo-de Castro and Arturo Brion and Sen. Nancy Binay said Poe should be disqualifi­ed but they lost by just one vote.

Cayetano was the so-called swing-vote in the close fight.

Sen. Francis Escudero, Poe’s running mate, described the decision of the three Supreme Court justices as discrimina­tory against foundlings.

“Essentiall­y, what they are saying is that foundlings are stateless. According to one of the justices, a foundling cannot have greater rights than someone whose parents are known when it comes to citizenshi­p,” Escudero said, referring to Carpio.

Escudero argued that Poe is a natural-born Filipino citizen as provided for in internatio­nal and domestic laws, which state that a foundling found in the Philippine­s is presumed to have Filipino biological parents.

He said that pronouncem­ents such as a foundling like Poe not being a citizen of the Philippine­s are a violation of an individual’s basic and inalienabl­e human right to bear a nationalit­y from birth.

Escudero said Carpio, De Castro and Brion should inhibit themselves from deliberati­on if the SET verdict dismissing the disqualifi­cation case is challenged before the Supreme Court.

Cayetano, on the other hand, was reportedly torn between choosing to uphold her advocacy of protecting children’s rights and political alignments, since disqualify­ing Poe would give her brother, Sen. Alan Cayetano, a reason to convince Davao City Mayor Rodrigo Duterte to run for president.

Alan has been eyeing Duterte to be his running mate

for the 2016 polls.

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