David v. Poe
{{Short description|2015 court case}}
{{Update|date=January 2022}}
{{Use Philippine English|date=January 2023}}
{{Use mdy dates|date=January 2023}}
{{Infobox court case
|name = David v. Poe
|court = Senate Electoral Tribunal
|image = File:Senate_Electoral_Tribunal_(SET).svg
|imagesize =
|imagelink =
|imagealt =
|caption =
|full name = Rizalito Y. David versus Mary Grace Poe Llamanzares
|date decided = {{start date|2015|11|17}}
|citations = SET Case No.001-15
|ECLI =
|transcripts = [https://www.scribd.com/doc/290598803/Decision-SET-CASE-001-15-David-v-Poe-Lamanzares-17-November-2015 Decision]
|judges = Carpio (Senior Associate Justice), de Castro, Brion (Associate Justices), Aquino, P. Cayetano, Villar, Binay, Sotto, Legarda (Senator-members)
|number of judges = 9
|decision by =
|concurring = Aquino, P. Cayetano, Villar, Sotto, Legarda
|dissenting = Carpio, de Castro, Brion, Binay
|concur/dissent =
|prior actions =
|appealed from =
|appealed to = Supreme Court of the Philippines
|subsequent actions = Petition for certiorari was dismissed by the Supreme Court and declare the respondent as a natural-born Filipino citizen qualified to hold office as Senator of the Republic. (G.R. no. 221538)
|related actions =
|opinions =
|keywords =
|italic title =
}}
Rizalito Y. David versus Mary Grace Poe Llamanzares, better known as David v. Poe, is a SET Case No.001-15. It is a 2015 court case filed before the Senate Electoral Tribunal (SET) that sought to remove Grace Poe from the Philippine Senate—which would have effectively blocked her from running for president in the 2016 elections—because she was a foundling and therefore it was impossible to determine whether she was a natural-born citizen, a requirement for both offices.
Background
{{main|Grace Poe presidential campaign, 2016}}
{{cquote|I am Grace Poe. A Filipino. A daughter, wife and mother. And with God's grace, I offer myself for the country's highest calling as your President.|author=Grace Poe's ending remarks of her speech during her announcement last September 16, 2015.{{cite news|title=FULL TEXT: Grace Poe's declaration of 2016 presidential bid |url=http://newsinfo.inquirer.net/722639/full-text-grace-poes-declaration-of-2016-presidential-bid#ixzz3lvTSkZjq|newspaper=Philippine Daily Inquirer|access-date=September 17, 2015}}}}
As early as 2014, there was widespread speculation that Poe, then a senator, was a potential presidential or vice presidential candidate in the 2016 general elections.{{Cite news|url = http://manilastandardtoday.com/2014/10/03/jojo-binay-is-vulnerable/|title = Jojo Binay is vulnerable|last = Lopez|first = Tony|date = October 3, 2014|access-date = July 1, 2015|publisher = Manila Standard Today|archive-date = July 4, 2015|archive-url = https://web.archive.org/web/20150704144728/http://manilastandardtoday.com/2014/10/03/jojo-binay-is-vulnerable/|url-status = dead}}{{Cite news|url = http://newsinfo.inquirer.net/641785/grace-poe-peoples-trust-inspires-me-but-2016-polls-still-far-off|title = Grace Poe: People's trust inspires me, but 2016 polls still far off|last = Salaverria|first = Leila B.|date = September 30, 2014|access-date = July 1, 2015|newspaper=Philippine Daily Inquirer}}{{Cite news|url = http://newsinfo.inquirer.net/641555/grace-poe-is-top-choice-for-vice-president-escudero-no-2|title = Grace Poe is top choice for Vice President; Escudero No. 2|date = September 30, 2014|access-date = July 1, 2015|newspaper=Philippine Daily Inquirer}}{{Cite news|url = http://www.philstar.com/bansa/2014/09/29/1374542/grace-poe-puwede-manalong-vp-sa-2016-survey|title = Grace Poe puwede manalong VP sa 2016 – survey|date = September 29, 2014|access-date = July 1, 2015|work=The Philippine Star}}{{Cite news|url = http://www.philstar.com/headlines/2014/10/05/1376676/2016-poll-ads-start-making-rounds-online|title = 2016 poll ads start making rounds online|last = Mateo|first = Janvic|date = October 5, 2014|access-date = July 1, 2015|work=The Philippine Star}}
On August 6, 2015, a quo warranto petition was submitted by socio-political analyst and radio commentator Rizalito David to the SET to remove Poe from her seat in the Senate based on the assertion that, as a foundling of unknown parentage, she is not a natural-born Filipino citizen. Under the Philippine nationality law only natural-born citizens are eligible to be elected in national office.{{cite news|url=http://www.mb.com.ph/citizenship-case-against-poe-finally-filed/ |title=Citizenship case against Poe finally filed |last1=Rosario |first1=Ben R. |last2=Casayuran |first2=Mario B. |work=Manila Bulletin|date=August 7, 2015 |access-date=December 17, 2015 |url-status=dead |archive-url=https://web.archive.org/web/20151222212947/http://www.mb.com.ph/citizenship-case-against-poe-finally-filed/ |archive-date=December 22, 2015 }}[http://www.manilatimes.net/david-vs-poe-no-more-room-for-evasion/207450/ David vs Poe: No more room for evasion]. The Manila Times. August 8, 2015.
On September 16, 2015, Poe declared her presidential bid, in front of hundreds of supporters, family and friends at the Bahay ng Alumni, University of the Philippines, Diliman, Quezon City under the newly formed coalition of Partido Pilipinas, composed of Makabayan Coalition and led by the Nationalist People's Coalition.[http://www.rappler.com/nation/politics/elections/2016/114444-npc-shifting-alliance-grace-poe-rodrigo-duterte NPC: Only 'negligible' few to move from Poe to Duterte]. Rappler. November 30, 2015. Former Philippine President and Mayor of Manila Joseph Estrada has given his support to her.[http://www.rappler.com/nation/115084-estrada-very-likely-support-grace-poe Estrada 'very likely' to endorse Poe's presidential bid]. Rappler. December 6, 2015. On her speech announcing her presidential bid, Poe laid down a 20-point program of government if she would be elected.[http://www.interaksyon.com/article/117641/grace-poe-officially-announces-presidential-bid-lays-down-platform Grace Poe officially announces presidential bid, lays down platform] {{Webarchive|url=https://web.archive.org/web/20150918230744/http://www.interaksyon.com/article/117641/grace-poe-officially-announces-presidential-bid-lays-down-platform |date=September 18, 2015 }} retrieved September 16, 2015
David, a defeated senatorial candidate in the 2013 midterm elections, filed his certificate of candidacy for President on October 12, 2015, running under Ang Kapatiran, which has participated in national elections since 2007.{{cite news|title = Poe's accuser Rizalito David files COC for president|url = http://www.gmanetwork.com/news/story/540389/news/nation/poe-s-accuser-rizalito-david-files-coc-for-president|work=GMA News|date = October 12, 2015}} However, the certificate was canceled when he was declared a nuisance candidate by the Commission on Elections Second Division on December 9, 2015, and he will not be able to run.{{cite news|url=http://newsinfo.inquirer.net/746098/746098|title=Poe's accuser Rizalito David declared 'nuisance' candidate|newspaper=Philippine Daily Inquirer|author=Hegina, Aries Joseph|date= December 9, 2015}}
On December 23, 2015, the Comelec en banc disqualified Poe from running as president in the 2016 elections for failing to meet the 10-year residency requirement but she said she would appeal the disqualification to the Supreme Court.{{cite news|url=http://www.rappler.com/nation/politics/elections/2016/116912-comelec-en-banc-bars-grace-poe-from-running|title=Comelec en banc bars Grace Poe from running in 2016|work=Rappler|date=December 23, 2015|access-date=December 23, 2015}} The Supreme Court has issued a temporary restraining order preventing the Comelec's decision from being implemented.
Decision
File:Grace Poe-Llamanzares portrait.jpg]]
On November 17, 2015, the Senate Electoral Tribunal dismissed the case by 5–4, with five members opining that Poe could remain in the Senate and the other four opinions agreeing with the petitioner that she was not eligible to do so such as the chairperson, Antonio Carpio, who disagreed with the result.{{cite news|last1=Punay|first1=Edu|title=Carpio cites flaws in SET ruling on Poe disqualification case|url=http://www.philstar.com/headlines/2015/11/23/1524951/carpio-cites-flaws-set-ruling-poe-disqualification-case|access-date=November 24, 2015|work=The Philippine Star|date=November 23, 2015}} Poe was affirmed to be a natural-born Filipino citizen from the day she renounced her American citizenship on October 20, 2010.{{cite news|last1=Geronimo|first1=Jee|title=Why did SC justices vote to disqualify Grace Poe?|url=http://www.rappler.com/nation/politics/elections/2016/113668-main-arguments-set-decision-grace-poe|access-date=November 24, 2015|work=Rappler|date=November 24, 2015}}
In their judgment for the case, the SET declared that Grace Poe, a foundling, is a "natural-born Filipino", which allowed her to retain her seat in the Philippine Senate.[http://www.rappler.com/nation/politics/elections/2016/113769-rizalito-david-motion-reconsideration-grace-poe-set Rizalito David appeals SET decision on Grace Poe]. Rappler. November 23, 2015.[http://www.rappler.com/nation/politics/elections/2016/113150-senators-vote-set-decision-grace-poe Senators explain votes on Grace Poe's disqualification case]. Rappler. November 18, 2015.[http://newsinfo.inquirer.net/743088/grace-poe-every-foundling-has-right-to-dream Grace Poe: Every foundling has right to dream]. The Philippine Daily Inquirer. November 27, 2015.{{cite news|title=DOCUMENT: SET decision on disqualification case vs Grace Poe|url=http://www.rappler.com/nation/politics/elections/2016/113552-document-set-decision-grace-poe-disqualification-case|access-date=November 24, 2015|work=Rappler|date=November 21, 2015}}
David filed a motion for reconsideration to reverse the ruling by SET,{{cite news|last1=Marcelo|first1=Elizabeth|title=Rizalito David appeals disqualification case vs. Grace Poe|url=http://www.gmanetwork.com/news/story/545468/news/nation/rizalito-david-appeals-disqualification-case-vs-grace-poe#sthash.AvB7FpoI.dpuf|access-date= November 24, 2015|work=GMA News|date= November 23, 2015}} which was rejected on December 3, 2015,[http://www.gmanetwork.com/news/story/546611/news/nation/grace-poe-is-a-natural-born-filipino-set-affirms Grace Poe is a natural-born Filipino, SET affirms]. GMA News. December 3, 2015. after which he filed an appeal with the Supreme Court.[http://www.manilatimes.net/oral-arguments-on-poe-case-pushed/234616/ Oral arguments on Poe case pushed]. The Manila Times. December 15, 2015. At the court's request, the Office of Solicitor General submitted an opinion on the SET ruling to the Supreme Court on January 4, 2016. The opinion favors the original SET ruling in dismissing David's disqualification case against Poe.{{cite news|url=http://malaya.com.ph/business-news/news/osg-favors-set-ruling-poe|title=OSG FAVORS SET RULING ON POE|work=Malaya|date=January 5, 2016|access-date=January 5, 2016|archive-date=March 4, 2016|archive-url=https://web.archive.org/web/20160304051242/http://malaya.com.ph/business-news/news/osg-favors-set-ruling-poe|url-status=dead}}
| class="wikitable sortable" | ||
| width=35%|Members | Position||colspan=2 width=25%|Political Party | Natural born? |
|---|---|---|
| {{sortname|Antonio|Carpio}} | Senior Associate Justice
|colspan=2 rowspan=3 {{NA}} (Supreme Court) |{{na}} | |
| {{sortname|Arturo|Brion}} | rowspan=2|Associate Justice
|{{na}} | |
| {{sortname|Teresita|de Castro}}
|{{na}} | ||
| {{sortname|Bam|Aquino}}
|rowspan=6|Senator | {{party name with colour|Liberal Party (Philippines)}} |{{ya}} | ||
| {{sortname|Nancy|Binay}}
| {{party name with colour|United Nationalist Alliance}} |{{na}} | ||
| {{sortname|Pia|Cayetano}}
| {{party name with colour|Nacionalista Party}} |{{ya}} | ||
| {{sortname|Loren|Legarda}}
| {{Party name with colour|Nationalist People's Coalition}} |{{ya}} | ||
| {{sortname|Tito|Sotto}}
| {{Party name with colour|Nationalist People's Coalition}} |{{ya}} | ||
| {{sortname|Cynthia|Villar}}
| {{party name with colour|Nacionalista Party}} |{{ya}} |
References
{{Reflist|30em}}
{{2016 Philippine elections}}
{{DEFAULTSORT:David v. Grace Poe}}
Category:History of the Congress of the Philippines
Category:2015 in the Philippines