|
Tuesday, February 17, 2004
Poe asks SC to junk disqualification case
By Benjamin B. Pulta
MANILA -- Presidential candidate Fernando Poe Jr. filed his comment Monday on the two petitions questioning his eligibility to run in the May elections now pending before the Supreme Court (SC).
Poe has dispelled fears of violent protests, saying he would not contest the Supreme Court if it disqualified him for the presidential race on citizenship grounds.
Poe, through his lawyer Estelito Mendoza, said the petitions are premised on falsified evidence and should be rejected by the SC.
"The petitions deserve peremptory denial. The petitioners appeared before the Comelec--and now the Supreme Court--with filthy hands by presenting falsified exhibits and using them as bases for arguments," said Mendoza.
Mendoza pointed out that the centerpiece of Victorino Fornier's petition is the marriage of Allan Fernando Poe Sr. to Paulita Gomez and that purported marriage certificate between Poe Sr. and Gomez was spurious.
"When the Supreme Court exercises its jurisdiction under the above provision (of the Constitution), the Supreme Court en banc constitutes itself as the Presidential Electoral Tribunal. At this point, there is no election as yet. There are only candidates for president and vice president, Poe is not yet elected as president whose qualification may be questioned before the SC over which it has jurisdiction as spelled out in the Constitution," Mendoza said.
No copy of the comment by the Commission on Elections (Comelec), which was likewise required to answer the petitions, was available as of presstime Monday.
Poe, through Mendoza, said in a 17-page consolidated comment, that it would be premature for the High Tribunal to take up the case.
Poe also said the petitioners have no legal personality to file the case as they are not candidates. However, a petition for intervention in the matter has been filed by presidential candidate Raul Roco.
The Supreme Court is to hear this week two cases seeking to disqualify Poe--son of an American mother and Filipino father--on the grounds that he is an American and not a natural-born Filipino citizen.
The High Court has already invited four legal luminaries to be "amici curiae" or friends of the court, to hear the petition for disqualification against Poe.
"I will abide by the law, that's the law. I don't want violence, I don't want unrest," Poe said in a statement released by his campaign office.
Newspapers had earlier quoted him as telling a huge crowd during a campaign sortie in the northern Philippines last week that his critics will not "see the light of day" if they continued to press for his disqualification.
The Commission on Elections (Comelec), has already thrown out a petition to have Poe barred from running on citizenship grounds, but the petitioners appealed the ruling to the Supreme Court.
Civility
Presidential political spokesman Michael Defensor urged Poe's supporters to observe civility and the rule of law amid threats that they would hold massive protests if the movie actor is disqualified from running for president because of his questionable citizenship.
Defensor, however, welcomed the pronouncement of Poe that he would respect and abide by whatever decision the SC would mete out on the disqualification case.
He said the statement is a good start, but the Poe camp should still explain the issue to their allies to enable them to understand the situation.
He reiterated that the administration has always believed that Poe is a Filipino and they prefer to have him in the presidential race.
Poe said during his campaign sortie in Pangasinan that he abhors violence and he would abide by the decision of the SC.
Senate Majority Leader Francis Pangilinan said supporters of Poe should be blamed for any civil unrest in the May elections.
Poe's camp and his supporters have warned of massive protests nationwide if the SC disqualifies the movie actor from running for president because of his doubtful citizenship.
Pangilinan said Poe's supporters are taking advantage of his popularity by conditioning the minds of the people that the only scenario after the elections is Poe's victory.
"If that doesn't happen it means he was cheated and therefore civil unrest is justified," Pangilinan said.
Pangilinan warned that the threat of civil unrest is dangerous not only to the people but also to the business sector.
On the other hand, Senator Rodulfo Biazon said the camp of Poe is the one spreading talks of the civil unrest, not Malacaņang.
"Galing yan sa opposition, bakit ibibintang sa (That is from the opposition, why blame the) administration. We are doing our campaign in a peaceful manner and we present our platform of government, not civil unrest," Biazon said.
Biazon identified former Sen. Francisco Tatad and Poe's lawyer Estelito Mendoza as among those spreading talks of civil unrest.
He urged Poe's camp not to engage in such talks as it would backfire on the country. With reports from JPM
(February 17, 2004 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
|
|
[return to top]
[home]
|
|
Ombud rules: Fire former LTO director