Twice, the Commission on Elections ruled that Senator Grace Poe does not satisfy the citizenship and residency requirements for a valid run for the presidency. The three justices of the Supreme Court sitting in the Senate Electoral Tribunal arrived at the same conclusion. Ultimately, the Supreme Court will have to decide Poe’s political fate.
A group of Poe supporters called the ALL4GP Movement recently came out with a half-page advertisement in another newspaper calling on the Supreme Court to disobey the Constitution.
The advertisement alleges that more than 20 million Filipinos elected Poe to the Senate, and her election was sustained by the SET. It also cites a portion of the opinion of a commissioner of the Comelec who ruled in favor of Poe. The advertisement then cites an observation favorable to Poe made by a retired magistrate of the Supreme Court and published in another newspaper. Finally, the advertisement urges the justices (the advertisement misspelled this word as “jutices”) of the Supreme Court to let the people, not the court, decide who their leader should be.
A photograph of Poe standing is at the left of the advertisement. To her right is a faint image of the late film star Fernando Poe Jr.
Evidently, the advertisement is composed of half-truths and deceptive references calculated to stir emotion.
For starters, FPJ’s inclusion in the advertisement confirms it is an emotional appeal.
The advertisement conveniently fails to mention that the SET decision is not unanimous, and that the majority won by a very slim 5-4 margin. Those five votes came from five of the six senators sitting in the SET. One of those senators, Cynthia Villar, admitted to the news media that the majority sided with Poe not on the basis of what the Constitution provides, but solely because of political considerations. In other words, the majority prevailed on grounds other than what the Constitution mandates.
Likewise, the advertisement fails to state that all of the three justices of the Supreme Court who were part of the SET voted against Poe. This is important because the justices are experts on what the Constitution provides, and only one of the five senators who sided with Poe is a lawyer.
The opinions of the five senators cited international covenants that are not binding on the Philippines or which were misunderstood by the senators, took pity on foundlings, and insisted that the voters have already spoken during the senatorial elections of 2013. On the other hand, the dissenting views of the justices are anchored on firm, unassailable legal doctrines.
It has been repeatedly emphasized in this column that the disqualification of Poe is not a deliberate or malicious attack on her status as a foundling; rather, it is obedience to what the Constitution mandates. As a senator, Poe took an oath to protect and defend the Constitution. She cannot renege on that oath even if it means giving up her presidential ambitions.
In addition, the advertisement conceals the fact that the ruling of the SET is not final and executory, and that it has been brought to the Supreme Court.
The advertisement also conveniently fails to mention that the opinion of the commissioner of the Comelec cited in its text is a mere dissenting statement, and that the Comelec as a body ruled against Poe. From the way the dissenting opinion was presented (there is no indication that it is a dissenting opinion), it was to give the impression that the Comelec actually ruled in favor of Poe.
Although there is legal ground for the observation made by the retired magistrate cited in the advertisement, it must be emphasized, however, that his observation is premised on the actual existence of a doubt on a legal issue concerning the candidacy of one who wishes to run for public office. Therefore, if there is no doubt, the solution suggested by the retired magistrate is, with all due respect, immaterial.
Is there a doubt about what the Constitution says regarding who may run for president? There is none. The Constitution categorically reserves the presidency for natural-born citizens of the Philippines only, and the Constitution even provides a definition of that term. That definition is clear enough to eliminate any doubt as to what the Constitution means. Besides, the Supreme Court has ruled that where no doubt exists, none can be created.
The clear definition provided by the charter notwithstanding, the term natural-born obviously contemplates an actual, substantiated birth. Since the circumstances of the birth of a foundling are unknown, a foundling cannot be considered a natural-born citizen. Only an amendment of the Constitution can change that rule.
Although the advertisement urges the Supreme Court to let the people decide Poe’s fate through the ballot, it is still a call to disobey the Constitution. Why? The Constitution does not allow Poe to run for president, and the Supreme Court is the guardian of the Constitution. By insisting that Poe be allowed to run and possibly get elected president, the ALL4GP Movement wants the Supreme Court to abandon its constitutional duty to defend the Constitution.
The most articulate voice of the people is the Constitution itself. Ratified by the sovereign Filipino people, the Constitution binds both the government and the people. The lessons of history teach that if one exception is allowed now, that may be one exception too many. What is the use of a Constitution if it can be disobeyed at the call of an unknown, obviously partisan group purportedly speaking for the people?
Also, the advertisement fails to mention that Poe’s husband is an American citizen, and that her husband will consider becoming a Filipino citizen only if Poe is elected president. Isn’t this important enough to mention in the advertisement, considering that the people may end up with an alien for a first gentleman?
The message in Poe’s advertisement is not in what it says, but what it does not say.