Tatad files second MR to disqualify Poe anew
April 11, 2016 | 4:50am
MANILA, Philippines – After the Supreme Court resolved with finality last April 5 that Sen. Grace Poe can run for president, former Sen. Francisco “Kit” Tatad on Monday filed another motion for reconsideration to reverse the high tribunal’s ruling.
Accompanied by his legal counsel, Manuelito Luna, Tatad filed another appeal to disqualify Poe from the presidential race despite the SC’s March 8 and April 5 rulings which denied his and other legal challengers’ plea.
Luna said Tatad filed the motion as they consider the high court’s ruling as a “seriatim opinion” or series of opinion from several judges and lacks "doctrinal value" since not all magistrates agreed that Poe is a natural-born citizen who complied with the ten-year residency requirement for presidential aspirants.
Tatad lamented that the SC’s resolution to dismiss their first motion for reconsideration is not a sufficient explanation why it allowed Poe to run.
The petitioner said despite the high court's Internal Rules to stop accepting a second motion for reconsideration after a final ruling, exceptions may still be entertained under the provision of Section 3, Rule 15 that states a plea may be granted if at least two-thirds of its members voted.
“The Supreme Court shall not entertain a second motion for reconsideration, and any exception to this rule can only be granted in the higher interest of justice by the Court en banc upon a vote of at least two-thirds of its actual membership," the provision read.banc upon a vote of at least two-thirds of its actual membership," the provision read.
Luna cited a precedent. “In Pabillo v. Comelec and Smartmatic where I was the counsel for Pabillo v. Comelec and Smartmatic where I was the counsel for Pabillo et al, the SC also said that the respondents can no longer file but the latter defied it,” he said.
The lawyer insisted that the SC must revisit its earlier rulings so that no further pleas will be submitted.
In its ruling released Saturday, the SC upheld its 9-6 vote to deny with finality the motions for reconsideration since the basic issues raised posed no substantial arguments that warrant the reversal of the questioned decision.
It particularly junked the motions filed by Tatad, De La Salle University professor Antonio Contreras, former University of the East College of Law dean Amado Valdez and former Government Service Insurance System counsel Estrella Elamparo.
RELATED: Continuing the fight: Grace Poe's legal foes | Tatad to file second motion for reconsideration on Poe DQ
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