Senator Grace Poe on Tuesday presents a copy of the Philippine National Police Board of Inquiry (BOI) report and discusses the findings of the Senate committee on public order that she heads. Poe affirmed most of the BOI’s findings and stressed President Aquino’s responsibility on the incident. (MNS photo)
MANILA (Mabuhay) – Former Senator Francisco “Kit” Tatad has filed a motion before the Commission on Elections (Comelec) to drop the name of Senator Grace Poe from the certified list of presidential candidates.
Tatad’s counsel Manuel Luna said their motion presupposes that Poe will not be able to secure a temporary restraining order from the Supreme Court on Monday.
“This motion is anchored on the Comelec’s rules of procedure particularly Section 13, Paragraph B which says that in special cases such as this one, a disqualification case or a cancellation case, the judgement order or the resolution of the commission en banc becomes final and executory after five days unless restrained by the Supreme Court,” Luna said.
“We are asking the commission en banc to direct the first division of this commission to enforce its judgment against Senator Grace Poe-Llamanzares cancelling her certificate of candidacy, and in the process dropping her name from the certified list of candidates,” the lawyer added.
The Supreme Court is on recess until January 10. But under Rule 7, Section 7 of the SC Internal Rules, Chief Justice Maria Lourdes Sereno is empowered to act on urgent cases and issue temporary restraining orders (TROs) or status quo ante orders (SQAOs) without holding a session of the justices.
Meanwhile, Poe’s lawyer George Garcia called Tatad’s motion as “premature,” insisting that the poll body’s decision is not final and executory.
“The five-day period is to lapse today and therefore we have until tomorrow to get a restraining order for the Comelec. And for the information of everybody, the Comelec may or may not implement the decision after five days. Meaning, the discretion still belongs to the Commission on Elections,” Garcia said.
Garcia is hoping Sereno will grant their motion, reiterating that the high court has the final say over Poe’s case.
“In most cases, especially the cases that I have handled before, the Comelec always wait for the action of the Supreme Court. They call that judicial courtesy. They wanted to wait for the action of the Supreme Court so as not to preempt the Supreme Court and to respect the rights of, in this case, Senator Grace Poe,” Garcia added. (MNS)