Senator Grace Poe will ask the Supreme Court today, Monday, to reverse the recent ruling of the Commission on Elections disqualifying her from next year’s presidential election over questions of citizenship and residency.
Poe’s lawyer George Garcia said they would file a petition seeking to annul and overturn the decision of the Comelec last week excluding her from the race.
“We will ask the Supreme Court to immediately issue a status quo ante order for the Comelec to keep Senator Poe’s name in the ballot, pending resolution of the case on its merits,” Garcia said, in an interview.
Poe’s lawyer said they would also urge the high court to immediately act on their petition, given the time constraints of Comelec as it prepares for the general elections in May next year.
The justices are currently on their holiday recess.
“We have to get the order by Tuesday because we are given only five days from the promulgation of the ruling under Comelec rules,” he said.
Court spokesman Theodore Te earlier said the justices may act on Poe’s case even while on recess because the rules allow the chief justice to issue a status quo or temporary restraining order upon recommendation of the justice in charge of the case, subject to confirmation of the full court in its next session on Jan. 12.
Garcia said he believes their petition would prove that the Comelec committed grave abuse of discretion in disqualifying Poe.
He insisted that Poe is a natural-born Filipino who has met the 10-year residency requirement, making her eligible to run for the highest post in the land.
Last week, the full Comelec dismissed the motion for reconsideration that Poe filed after being disqualified by the body’s first and second divisions.
The Comelec first division, in its decision on Dec. 11, disqualified Poe based on the petitions filed by De La Salle University professor Antonio Contreras, former Senator Francisco Tatad and former University of the East College of Law dean Amado Valdez.
The second division, on the other hand, unanimously voted on Dec. 1 to disqualify Poe based on the petition of former Government Service Insurance System chief legal counsel Estrella Elamparo.
Earlier this month, a petition was filed by Rizalito David questioning the Senate Electoral Tribunal’s decision declaring Poe a natural-born citizen eligible for senatorial election in 2013 polls.
The court held a special session last Dec. 16 on the David petition and ordered the tribunal to answer it, scheduling oral arguments on Jan.19.
Meanwhile, Poe stressed she remains a presidential candidate in next year’s elections until the Supreme Court has resolved with finality all her disqualification cases.
Saying there is no turning back for her, Poe said her fight continues despite the decision of Comelec.
She told her supporters she will proceed with her campaign to build a government that is accountable, transparent and dependable to help the people achieve genuine inclusive growth and global competitiveness.
