Poe’s lawyer: Comelec
Second Division committed grave abuse of discretion
By Jelly F. Musico
MANILA, Dec. 3 (PNA) – A lawyer of presidential aspirant Senator Grace
Poe on Thursday said the Commission on Election (Comelec) Second Division
has committed “grave abuse of discretion” when it ruled to cancel the
candidacy for president of the lady senator.
Poe’s legal counsel Atty. George Garcia said they would file a motion for
reconsideration on Monday and point it to the Comelec en banc that the
second division did not consider their almost 500 pages of evidences during
the discussion of the case.
”We will prove that they (Second Division) ignored and did not consider our
at least 500 pages of evidences we filed in the Comelec. Actually, they
adopted it as evidence but there was no discussion and that’s grave abuse of
discretion,” Garcia said in a press conference in the Senate.
Garcia has particularly mentioned Poe’s oath of renunciation of her US
citizen that the Comelec Second Division did not consider in coming out with
3-0 decision to disqualify Poe.
”When we have oral argument in the Comelec, that’s was our biggest single
evidence that Comelec should look at,” Garcia said.
The document, he said, would prove that Poe was already present in the
Philippines since May 2005 although Poe came home from the United States
when her father Fernando Poe Jr. died in December 2004.
In the questionnaire of the renunciation document which she filed at the US
Embassy on July 12, 2011, Poe answered: “I became a resident of the
Philippines once again since 2005.”
She also said her mother, Susan Roces, is still residence of the Philippines
and that she and her husband, Neil Llamanzares, were already employed and
own properties in the country.
”As a dual citizen (Filipino-American) since 2006, I’ve voted in two
Philippine national elections. My three children study and reside in the
Philippines at the time I performed the act as described in Part 1 Item 6,”
Garcia said the only document that the Second Division used in its decision
was the certificate of candidacy for senator that Poe filed for the 2013
”You are disqualifying Senator Grace Poe based on one evidence? It’s not
proper. Believe me, if that is only the evidence, even the SC will not agree
with them,” Garcia said.
Garcia said they were also studying the possibility of asking the three
Comelec Second Division commissioners -- Al Parreno, Arthur Lim and Sheriff
Abas to inhibit once their motion for reconsideration was tackled in the
Comelec en banc.
Poe also joined the press conference and vowed to continue the fight she is
dedicating to the foundlings like her.
”I fight for the rights of the foundlings. Like the rest of you, they, too
deserve recognition as natural born citizens of our country. Like you, they
too have rights second only to none. Like you, they too deserve to occupy
their rightful place in society. Like you, they too deserve an equal
opportunity to serve our people and our country. And oh yes, I’m sure you
have not forgotten, I too, am a foundling,” Poe said.
”This is our fight against shenanigans in and out of government. This is our
fight against the ills of society that pervade our land, poison our youth
and distort our morals and national character,” she added.
Poe clarified that the decision of the Second Division is not yet final,
vowing to bring her case up to the Supreme Court.
”To our countrymen , I’m here to assure that our fight will continue. What
important is they will not remove my name from the ballots so that you will
be given a chance to choose,” she said. (PNA)