- Chief Justice Ma. Lourdes Sereno and Associate Justice Antonio Carpio clashed over the court’s decision on Grace Poe’s disqualification case
- Carpio claimed only 7, not 9, believed Poe is a natural-born Filipino and qualified to run as president
- Sereno insisted there was a “clear majority of seven” since only 12 magistrates participated in making the decision
MANILA, Philippines – Two justices of the Supreme Court have collided over its recent decision that allowed Senator Grace Poe to run for president in the coming May election.
Chief Justice Ma. Lourdes Sereno and Associate Justice Antonio Carpio gave separate opinions on the votes of the Supreme Court en banc last week which sided with Poe’s petition to quash Comelec’s twin ruling canceling her certificate of candidacy (COC) for lack of constitutional requirements.
Carpio questioned the alleged lack of majority in the voting where only seven magistrates, and not nine as earlier reported, believed Poe is eligible to run for president.
“What is clear and undeniable is that there is no majority of this Court that holds that petitioner Mary Grace Natividad S. Poe Llamanzares is a natural-born Filipino citizen,” Carpio said in his dissenting opinion.
Carpio, one of the most senior justices in the SC and a member of the Senate Electoral Tribunal (SET) that earlier ruled Poe as not qualified, explained that only seven justices deemed that Poe is a natural-born Filipino, while five believed otherwise.
The three remaining justices had no opinion on Poe’s case, Carpio revealed.
The SC earlier announced that the magistrates voted 9-6 in favor of Poe’s petition, which is a clear majority since the high court has 15 members.
But Carpio maintained seven votes is not a majority, which should be eight, as per rules of the court.
A clear majority
However, Sereno insisted that “a clear majority of seven’ voted in favor of Grace Poe’s petition.
The Chief Justice cited Rule 12, Section 1 of the Internal Rules of the SC which states that all decisions and actions in court en banc cases “shall be made up upon the concurrence of the majority of the Members of the Court who actually took part in the deliberation on the issues or issues involved and voted on them.”
Invoking this rule Sereno said there is a “clear majority of 7” who granted Poe’s petition since only 12 justices participated in making the decision.
“These votes, as explained in the extended opinions submitted by the members of the majority, must be respected. Granting therefore that we need to address the question of substantive qualifications of petitioner (Poe), she clearly possesses the qualifications for presidency on the matter of residency and citizenship,” GMA News quoted Sereno as saying.
On the issue of Poe’s residency, Sereno added that seven justices voted in favor of the senator out of 13 who took part.
In the 47-page decision, Sereno voted in favor of Poe’s petition along with Associate Justices Presbitero Velasco Jr, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza, Marvic Leonen, Francis Jardeleza, and Benjamin Caguioa.
On the other hand, Carpio was among the six dissenters along with Associate Justices Teresita Leonardo De Castro, Mariano del Castillo, Arturo Brion, Estela Perlas-Bernabe, and Bienvenido Reyes.
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