Sunday, March 13, 2016

Dissent of Justice Teresita Leonardo-De Castro re Grace Poe case: "It is my humble submission that petitioner Senator Mary Grace Natividad S. Poe-Llamanzares (Poe for brevity) failed to show that the COMELEC En bane gravely abused its discretion in affirming its Second Division's December 1, 2015 and its First Division's December 11, 2015 Resolutions, both denying due course to and/or cancelling her Certificate of Candidacy (COC) for the position of President of the Republic of the Philippines, particularly with respect to the finding that she made therein material representations that were false relating to her natural-born citizenship and ten-year period of residence in the Philippines that warrant the cancellation of her COC."



"x x x.

I begin this Dissenting Opinion by outrightly ex:pressing my view that the opinion of Honorable Justice Jose P. Perez on the issue of natural-born citizenship which was joined by six: ( 6) other Justices including the Honorable Chief Justice Ma. Lourdes P.A. Sereno, if not overturned, will wreak havoc on our constitutional system of government. By their opinion, the seven (7) Justices would amend the 1935 Constitution which was in effect when petitioner was born, to add "foundlings found in the Philippines whose parents are unknown" in the enumeration of natural-born citizen, as follows: x x x.

x x x.

It is my humble submission that petitioner Senator Mary Grace Natividad S. Poe-Llamanzares (Poe for brevity) failed to show that the COMELEC En bane gravely abused its discretion in affirming its Second Division's December 1, 2015 and its First Division's December 11, 2015 Resolutions, both denying due course to and/or cancelling her Certificate of Candidacy (COC) for the position of President of the Republic of the Philippines, particularly with respect to the finding that she made therein material representations that were false relating to her natural-born citizenship and ten-year period of residence in the Philippines that warrant the cancellation of her COC.

x x x."

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SC.JUDICIARY.GOV.PH