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Wednesday, March 24, 2004
SC nixes appeal on Poe disqualification case for lack of substance
By Benjamin B. Pulta
BARELY 24 hours after it was filed, the Supreme Court (SC) Tuesday "denied with finality" two motions asking the High Court to reconsider its decision declaring opposition presidential candidate Fernando Poe Jr. as a natural-born Filipino citizen and can thus run for president in the May 10 elections.
The Arroyo administration said it respects the decision of the High Tribunal.
The SC en banc, through Clerk of Court Luzviminjda D. Puno, said the appeal is being turned down "as the basic issues raised therein have been decided upon by this Court and that "no substantial arguments were presented to warrant the reversal of the questioned decision."
Senior Associate Justice Jose Vitug, who penned the March 3, 2004 ruling by the High Tribunal, was on leave and did not take part in Tuesday's ruling. Another magistrate, Artemio Panganiban, who did not take part in deliberations on the case, also abstained from discussing about the appeal.
Among the motions dismissed was the 51-page motion for reconsideration, filed by Ma. Jeanette Tecson last Monday who earlier said the SC erred in dismissing the petition that she filed. The SC rejected the petition because of the "prematurity of the suit."
Likewise dismissed was a motion for reconsideration filed by brothers Andresito and Victorino Fornier a week ago.
Let law prevail
President Arroyo said in a press conference in Carigara, Leyte that she respects the decision and would "let the rule of law prevail."
Deputy presidential spokesman Ricardo Saludo, for his part, said the SC’s ruling would allow the voters more choices in the coming elections.
"(It) is a good thing for everyone and also as the President had said, this should affirm the candidacy of Fernando Poe Jr. and enjoin him to now double time in explaining the issues to the people, particularly to consider participating in the debate as a format to present to present his platform and his ideas for government to the people," he added.
Saludo said they are also hoping that the decision would put an end to speculations that Malacañang was behind the case. He said the speculation should have ended when the Supreme Court first ruled on the disqualification case.
The appellants earlier said by ruling that the suit is premature and can be heard again after the elections "only encourages future litigations and multiplicity of suits."
Tecson reiterated that the SC should have required more "exacting proof from Poe since what is at issue is not just mere Filipino citizenship but the more stringently-regarded status of being a natural-born Filipino citizen of a candidate for the presidency."
In a 53-page decision penned by Vitug, the SC en banc ruled that the Commission on Elections (Comelec) did not commit grave abuse of discretion when it ruled that Poe is qualified to run for president in the May elections. With a report from JMR
(March 24, 2004 issue)
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