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Saturday, February 07, 2004
Comelec junks appeal to disqualify Poe
By Marie Neri and Benjamin Pulta
MANILA -- The remaining five commissioners of the Commission on Elections (Comelec) unanimously upheld the decision of the first division allowing movie actor Fernando Poe Jr. to run as president in the May 10 elections under the Koalisyon ng Nagkakaisang Pilipino (KNP) banner.
But even before Poe could celebrate the victory, another petition questioning the citizenship of the movie icon has been filed before the Supreme Court by presidential candidate Raul Roco.
In an eight-page resolution, Comelec Chairman Benjamin Abalos Sr. and Commissioners Rufino Javier, Mehol Sadain, Resurreccion Borra, and Florentino Tuason Jr. ruled that the 64-year-old Poe or FPJ can run for president.
The first division chaired by Borra, with Javier and then Commissioner Luzviminda Tancangco as members, earlier dismissed for lack of merit and absence of material misrepresentation a petition for disqualification of Poe filed by lawyer Victorino Fornier.
Abalos said he felt relieved that Comelec finally resolved the case.
The commission ruled that Poe did not misrepresent by being a Filipino.
"All our anxieties and apprehensions were unfounded," said Poe's lead counsel Estelito Mendoza after the promulgation of the case.
Fornier's lawyer, his brother Andresito, said they will raise their case to the SC. The Forniers asserted that Poe is not a natural-born Filipino because his father is a Spaniard and his mother is an American.
They also stand by their argument that the actor was born out of wedlock thus he carries his mother's citizenship as prescribed by law.
"Once we bring this up by certiorari, we anticipate that the honorable Supreme Court will reverse whatever findings of the commission," Andresito said as he accused the Comelec of coming up with a decision hurriedly.
Andresito also described the Comelec resolution as "erroneous" and that the commission committed "grave abuse of power" in deciding on the case.
The petitioner noted that resolution failed to prove that defendant did a "deliberate attempt to mislead" the commission by lying about the facts he wrote in his certificate of candidacy.
"We do not agree with the contentions of the en banc," Andresito said.
SC petition
At the SC, Roco joined two petitions seeking the disqualification of Poe.
In a five-page petition for intervention, Roco urged the SC to immediately resolve the petitions "by reason of compelling public interest."
"It is a matter of the greatest public interest that the present petitions be resolved by this Honorable Court in the soonest time. Delay will prejudice the public good and petitioner-in-intervention's interest as citizen and as a bona fide candidate," Roco said in his pleading, which seeks the court's permission to admit him as a petitioner in two pending cases before the High Tribunal seeking Poe's disqualification due to the latter's alleged failure to meet the citizenship requirement.
Court observers Friday said Roco's move might have solved the possible problem of "locus standing" of the two earlier petitioners who filed their suits as "concerned citizens."
Roco said under the Constitution, the SC, sitting en banc, is the sole judge of all contests relating to the qualifications of the President or Vice President, and "if the petitions are meritorious and Poe's questionable citizenship disqualifies him from running for the presidency, the public good is served by presenting only qualified candidates for the electorate and preventing acrimonious disputes and confusion during and after the elections."
"On the other hand, if the main petitions are without merit, public interest is served by immediately dispelling any doubt about Poe's citizenship. An early resolution of this doubt prevents the abuse of judicial processes to frustrate or confuse the electorate's choice of their leaders," Roco said.
Roco, who placed third in a recent poll, said since citizens continue to speculate about Poe's citizenship, doubts persist.
"Doubts create fear and uncertainty. Until these petitions are finally resolved, the citizens remain in the dark about Poe's true qualifications" and that the doubts affect his (Roco's) rights.
The SC earlier decided to take cognizance of the petition seeking to disqualify Poe as the High Court asked Poe to submit a reply to the petition within 10 days.
Electioneering
Meanwhile, Abalos said the commission would have to investigate first if President Arroyo, Poe, Roco and Sen. Panfilo Lacson indeed committed premature campaigning before filing any case against them.
Abalos made the clarification following reports that the four presidential candidates allegedly violated the Fair Elections Act because of the proliferation of campaign materials, such as posters and streamers as well as infomercials aired in several television stations.
Section 32 of the Fair Elections Act states that "all propaganda materials such as posters, streamers, stickers or paintings on walls and other materials showing the picture image or name of a person and all advertisements on print, in radio or on television showing the image or mentioning the name of a person who subsequent to the placement or display thereof becomes a candidate for public office shall be immediately removed by the candidate and radio station, print media or television station within 3 days after the effectivity of these implementing rules; otherwise; he and the said radio station, print media or television station shall be presumed to have conducted premature campaigning."
The campaign period for national candidate starts on Feb. 10 while the campaign period for local candidates begins on March 25.
Abalos said he has not received a copy of a complaint filed by a certain Adrian Sison, who accused Roco and Lacson of early campaigning because of the airing of their advertisements in some local television channels.
Alioden Dalaig, head of the Comelec's law department said he has not also received a copy of Sison's complaint as well as recommendations of election officers in the National Capital Region (NCR) or in other regions on the matter.
Under the Omnibus Election Code, candidates found guilty of early campaigning would face disqualification and possible imprisonment of one year but not more than six years.
"No one is above the law," said Abalos, remarking that the candidates failed to take down all their campaign posters after being ordered to do so last week.
Palace spokesman Ignacio Bunye dismissed the case filed against the president as a "publicity gimmick."
"The case is without basis because the president is following all the guidelines of the Comelec," Bunye told reporters.
Candidates are not supposed to stick up election posters or openly campaign before February 10 but this rule was widely ignored with banners, stickers and flyers being put up as early as late 2003.
Abalos said Arroyo and her three rivals could respond in writing and did not have to appear in person.
Independent surveys show that Poe, a popular movie star, is the frontrunner in the presidential race, nine percentage points ahead of second-placed Arroyo. Sunnex Luzon
(February 7, 2004 issue)
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