MANILA, Philippines - The camp of Sen. Grace Poe yesterday filed a memorandum before the Senate Electoral Tribunal (SET) answering questions on her citizenship that were raised by losing senatorial candidate Rizalito David in the disqualification case he filed against her.
Poe’s lawyer George Garcia said they also submitted documents that would support their position that Poe is a natural-born Filipino, hence qualified to remain senator.
The camp of Poe stressed that the burden of proof lies with David’s camp.
“He must prove that the parents of Sen. Grace Poe are foreigners,” said lawyer Justin Mendoza, another legal counsel of Poe.
The camp of David also filed their final pleading and summation of all their arguments before the SET.
David’s lawyer Manny Luna said their argument is that the 1935 Constitution was the governing constitution when Poe had her foundling certificate in 1968.
“The 1935 Constitution states that in order for you to be a natural-born Filipino citizen, your father and mother must be Filipino. The Filipino citizenship principle is based on blood relations,” Luna explained.
Poe has questionable citizenship because being a foundling, her parents are unknown and thus lacks the link of Filipino blood, he added.
Poe is yet to submit the result of her DNA test. The deadline is on Oct. 21.
According to Luna, SET earlier said it would issue a resolution on Poe’s disqualification case before she files her certificate of candidacy for president next week.
But lawyer Irene Guevarra, SET spokesman and secretary, said the electoral tribunal cannot issue the resolution next week because most members of the SET are out of the country during October.
The SET might issue the resolution in early November and it will not affect Poe’s filing of certificate of candidacy.