PRESIDENTIAL candidate Grace Poe on Monday asked the Commission on Elections for a one-month extension to file her counter-affidavit to Rizlito David’s allegations against her in which he claims she was not qualified to run for senator in 2013.
Citing “heavy pressure of other equally urgent professional work,” Poe said she could not submit her counter-affidavit on the Nov. 3 deadline and asked the Comelec’s law department if she could file the documents on Dec. 3.
“A draft of respondent’s [Poe’s] counter-affidavit, which raises affirmative defenses, is already being prepared,” Poe says in her two-page motion for extension.
“However, because of heavy pressure of other equally urgent professional work, undersigned counsel will need more time to gather the necessary documents and finalize Respondent’s Counter-Affidavit.”
Poe says a provision in the election law does not prohibit a defendant from requesting an extension to file an affidavit.
“Because of the need for more time to finalize Respondent’s Counter-Affidavit, Respondent, without waiving her affirmative defenses, most respectfully requests for an additional period of 39 days counted from November 3, 2015, or until 3 December 2015, for her to file her Counter-Affidavit and other supporting documents and evidence, if any,” her motion says.
On Oct. 20, Poe confirmed that she received the Subpoena on Oct. 20, 2015, filed by the Comelec’s law department ordering her to appear before the agency and submit her counter affidavit, other supporting documents and affidavit of witness/es if any on or before Nov. 3 at 2 p.m.
David had earlier filed an election offense case against Poe for allegedly violating Section 262 in relation to Section 74 of the Omnibus Election Code when she ran for senator in the May 2013 elections.
David had pointed to the declarations Poe had made in her Certificate of Candidacy wherein she said she was a resident of the Philippines for six years and six months before the May 13, 2013 elections. She said she was a natural-born Filipino citizen and eligible for the office she was seeking.
The certificate is considered a sworn statement by the person filing it to announce his or her candidacy for a particular public office.