Sir Gacayan:

THE SUPREME COURT DECISION ON GRACE POE'S DISQUALIFICATION CASES

The Supreme Court has spoken---though still unclear on the issue of her being "natural born"
because the voting was admittedly 7 in her favor, 5 against and 3 abstained from voting on the said
issue. There is no question, however, that the voting on whether she is a resident of the Philippines
for at least ten (10) years by May 9, 2016 was 9-6 in her favor.
The voting shows that the intellectual giants among the justices lost to the mediocre justices.
Reading their opinions is like comparing a PBA basketball team being represented by those in the
majority and the Golden State Warriors in the NBA for those who dissented like Senior Associate
Justice ANTONIO CARPIO, a Top 10 Bar Placer and Justice Brion who was number 1 in the Bar
Examinations.
As such, the Resolution of the Supreme Court on the Motion for Reconsideration filed by those
questioning her qualifications on whether she is "natural-born" or not is being eagerly awaited
because the three (3) Justices who abstained in voting on the said issue must now vote on it. They
are Justice Castillo who was the original ponente who concluded that Grace Poe did not meet the
10-year residence requirement, hence, there is no need to pass upon the said issue on citizenship.
Justice Caguioa, the last appointee of President Pnoy to the Supreme Court did not also vote on the
issue of "natural-born.
If the three (3) Justices will vote that Grace Poe is not natural-born, then Grace Poe will be
disqualified.
NOW LET US GO TO THE MAJORITY AND DISSENTING OPINIONS.
The main opinion was written by Justice Jose Perez. WHO IS JUSTICE PEREZ? He is not known as
an intellectual giant nor having penned an earth-shaking decision. His ponencia in the Poe case pale
in comparison as to logic, clarity, persuasiveness, and quality of Justices Carpio and Brion's
Dissenting opinions.
Justice Perez concluded that Grace Poe is natural born citizen of the Philippines even though we do
not know her parents because according to statistics from the NSO, 99.93% of those born in the
Philippines are Filipinos and only 0.07% are foreigners! Since she was found in Iloilo City, then she is
presumed to have Filipino parents. The case was therefore decided based on statistics, not on the
Constitution and jurisprudence!
Justice Perez is well-remembered as the Justice who changed his vote within a period of 30 days in
the case of MAYOR MALIKSI OF CAVITE VS. COMELEC, April 11, 2013. In the March 12, 2013
Decision of the Supreme Court which was 8-7 DISMISSING the petition of Mayor Maliksi thereby

removing him as Mayor, Justice Perez concurred with the majority Decision removing Mayor Maliksi
as Mayor. 30 days later, he said he was wrong and voted with the earlier dissenters. Because of his
act, being the only one who reversed himself, Mayor Maliksi held on to his position.