Susan can’t substitute for Grace, election lawyer says

MANILA, Philippines - Actress Susan Roces cannot substitute for her daughter, presidential aspirant Sen. Grace Poe, in case the latter is disqualified, veteran election lawyer Romulo Macalintal said yesterday.

“The law provides that only those candidates nominated by a registered political party could be substituted in case of withdrawal, disqualification or death. Since Poe is an independent candidate, no substitution could be allowed in case she is disqualified,” he said.

The senator is facing four disqualification cases before the Commission on Elections (Comelec). Her citizenship and her compliance with the 10-year constitutional residency requirement are being questioned.

The Senate Electoral Tribunal (SET) has ruled that she is a natural-born Filipino and should not be unseated from the Senate. This is the same citizenship issue pending with the Comelec.

Defeated senatorial candidate Rizalito David, the complainant in the SET case, has appealed the tribunal’s ruling.

Five senator-members of the tribunal voted in favor of their Senate colleague. They are Loren Legarda, Pia Cayetano, Paolo Benigno Aquino IV, Cynthia Villar and Vicente Sotto lll. Of the five, Sotto has openly declared his support for Poe.

The three Supreme Court justices sitting in the SET – Antonio Carpio, Arturo Brion and Teresita de Castro – and Sen. Nancy Binay voted to unseat Poe.

The final decisions of the SET and the Comelec would be appealable to the Supreme Court.

Macalintal said the complaints against Poe at the Comelec “are petitions to deny due course to or cancel her COC (certificate of candidacy).”

“If she loses in any of these cases, the effect is that her COC is denied or cancelled as if there was no COC filed nor was she ever a candidate. Hence, even if she is nominated by a political party, she could not be substituted,” he said.

He urged Poe’s supporters to stop suggesting that her mother replace her in case she is disqualified.

The suggestion could discourage her potential voters, he said.

It was Poe’s election lawyer George Garcia who revealed the substitution proposal, but said his client has rejected it.

Sen. Francis Escudero, Poe’s vice presidential running mate, said they don’t have a “Plan B” in case his presidential candidate is disqualified.

Former Comelec chairman Sixto Brillantes said the poll body does not have jurisdiction to decide on the citizenship and residency of Poe.

Brillantes said the Comelec has jurisdiction to determine if Poe lied deliberately and intentionally on her COC.

Brillantes suggested Poe should be allowed to run in the 2016 presidential race and then those seeking her disqualification could file a quo warranto case with the Presidential Electoral Tribunal (PET) in case she wins the election. – With Sheila Crisostomo