Poe hopes Comelec will defer to SET ruling on disqualification case

MANILA, Philippines - The camp of Sen. Grace Poe has expressed optimism the Commission on Elections (Comelec) will give weight to the decision of the Senate Electoral Tribunal (SET) that declared the senator a natural-born Filipino. 

“We are hopeful the Comelec will defer to the SET ruling, which upheld the natural-born status of Senator Poe in deciding the election offense case, as well as the several petitions to disqualify her from the presidential race,” Poe’s legal counsel George Garcia said in a statement.

The SET in a decision on Nov. 17 held that Rizalito David, a losing senatorial candidate, failed to prove that Poe’s parents are foreigners.

Garcia said the SET decision has rendered moot the complaint filed by David, who said Poe committed “material misrepresentation” when she declared in her certificate of candidacy (COC) for senator three years ago that she was a natural-born citizen.

David argued foundlings like Poe are stateless.

Garcia said David’s contention was contrary to the SET ruling that Poe, although a foundling, enjoyed the presumption that she was born of Filipino parents.

The Comelec is expected to come out with a resolution anytime soon.

Poe’s legal team is poised to move for the dismissal of David’s petition on the ground that it has been effectively “extinguished” by the SET verdict.

“The SET has properly laid down the basis for the outright dismissal of the election offense case,” Garcia said. – With Robertzon Ramirez