Child advocate seeks Carpio inhibition from Poe DQ case

MANILA, Philippines – A child’s rights advocate yesterday asked Supreme Court Senior Associate Justice Antonio Carpio to inhibit from the disqualification cases against presidential candidate Sen. Grace Poe, saying he has a preconceived notion against her.

In a forum, lawyer Eric Mallonga said Carpio already made “very conclusive pronouncement” regarding his stand on the disqualification of Poe during the oral arguments at the Senate Electoral Tribunal (SET).

“During the clarificatory hearing, it was actually not clarification. He issued conclusion of the law and not clarification.” For this reason, Carpio had allegedly committed “grave abuse of discretion,” Mallonga said.

“You are still hearing the case, so you do not make any conclusion of the law because the conclusions of law should come out in your decision,” he added.

Poe is a foundling adopted by the late actor Fernando Poe Jr. and his wife Susan Roces. She was found inside the Jaro Cathedral in Iloilo in 1968. The charter in effect at that time was the 1935 Constitution.

The senator is facing disqualification as senator and as presidential candidate over questions on her Filipino citizenship and 10-year residency in the country, which are required by the 1987 Constitution for presidential candidates.

The Commission on Elections disqualified Poe as a presidential candidate. Poe’s camp is now asking the SC to reverse the Comelec’s ruling.

Poe faced a disqualification case at SET concerning her eligibility to run for senator in 2013.

In a split decision, the SET ruled that she is a natural-born Filipino despite being a foundling. Carpio, the two other justices in the SET and Sen. Nancy Binay, daughter of presidential contender Vice President Jejomar Binay, voted against Poe.

The SC is being asked to reverse the SET’s decision.