Nothing

SCPh_PIO #PoeOrals now in session pbs.twimg.
com/media/CZD8MaJUQAAnocR 19 Jan from Twitter

for iPhone
SCPh_PIO CJ Sereno reminds the counsels of the order of presentation. Interpellations by Members of
the Court shall immediately follow. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Alexander J. Poblador for petitioner Grace Poe manifests that the Senator is present
and asks for permission if she can leave earlier 19 Jan from Twitter Web Client
SCPh_PIO Senator Grace Poe was allowed to leave early to fulfil her senatorial duties. #PoeOrals 19
Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Burden of proof is in the first instance with the party who initiates action
#PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Respondent should have submitted evidence that petitioner is not natural
born because her parents are foreigners 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Respondents didnt establish a prima facie case 19 Jan from Twitter Web
Client
SCPh_PIO Atty. Poblador: petitioner acted in good faith when she stated in her COC that she was a
natural born citizen 19 Jan from Twitter Web Client
SCPh_PIO AttyPoblador: on residence issue,Petiioner submits that on 24May2005 she returned to
country for good & physically abandoned her US residence 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Children born of unknown parents are, under international law, already
citizens of this nation #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: right of people to choose their leaders is the essence of our democracy
SCPh_PIO J. Del Castillo starts his interpellation. Asks for the legal basis for saying Petitioner is a
natural born citizen 19 Jan from Twitter Web Client
SCPh_PIO Justice del Castillo: A person born here in PH of unknown parents are presumed citizen of
the country they are born in? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. del Castillo: are you saying that we have a citizen by presumption? #PoeOrals 19 Jan from
Twitter Web Client
SCPh_PIO Atty. Poblador: Presumption is already in our law. Im not advocating it, Im just applying
that. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: Can we presume Filipino status from the mere fact that the newborn is found
in the PH? 19 Jan from Twitter Web Client
SCPh_PIO J. del Castillo: Intl law can dictate on a sovereign nation who it can consider as a citizen of
its nation? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: foundlings can be adopted and the Philippine court can decree their
adoption and can only be granted if they are Filipino 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador:Each country has the authority to determine who its nationals are &
determination can be made if consistent w/international law 19 Jan from Twitter Web Client
SCPh_PIO Atty. Pobaldor: the presumption precisely says that the foundling is a citizen of the country.
But presumption is rebuttable. 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: Why did she renounce her citizenship? #PoeOrals 19 Jan from Twitter Web
Client
SCPh_PIO Atty. Poblador: She was married to a Fil-Am & like any wife who wanted to preserve
solidarity of family, she decided to follow her husband 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: she had a good life here, has a famous & affluent mother, lived in an affluent
neighborhood. 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: I dont see why she had to renounce her Filipino citizenship. #PoeOrals 19 Jan
from Twitter Web Client
SCPh_PIO Atty. Pobaldor: during the time of 9/11, there was a general suspicion against foreigners. 19
SCPh_PIO Atty. Poblador: Petitioner is a typical Filipino who went abroad, got a green card... A Filipino
with a continuing loyalty to the PH 19 Jan from Twitter Web Client
SCPh_PIO J. del Castillo: Why did she use her passport four more times? 19 Jan from Twitter Web
Client
SCPh_PIO Atty. Poblador: Until she renounced under oath on Oct 20, she was a dual citizen. She had
the right to use either passport. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J del Castillo notes that on Nov 15, 2009, page 23 of petition, she departed for the States
and returned on the same day. Is that possible? 19 Jan from Twitter Web Client
SCPh_PIO J. del Castillo: Id like to know whether she travelled to other countries, other than the
States. Was she using her US or PH passport? 19 Jan from Twitter Web Client
SCPh_PIO J. del Castillo: Why use a balikbayan visa? Every time its about to expire she asks for a
renewal? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: To reacquire citizenship, RA 9225 you do not need a permanent residence
visayou can even reacquire citizenship while abroad 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: my point is she decided to relocate here and abandon her domicile in the US,
so why a balikbayan visa? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Her intent to stay can be shown by her conduct..with 4 travels only 40 days
abroad within 450 days. 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: They were still trying to sell their house, disposing their assets. They were
able to sell their house in April 2006. 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: did she apply for instance a burial lot? This is funny but all of us do this. Atty.
Poblador: I am not aware your Honor 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: Aside from Corinthian Hills property, Wilson Place Condominium, what other
investements in the PH? Bank accounts? 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: Im trying to determine their intent to stay here. 19 Jan from Twitter Web
Client
SCPh_PIO Atty. Poblador: I am not certain your Honor. 19 Jan from Twitter Web Client
SCPh_PIO In case you missed it: Follow #PoeOrals on livestream and livetweets via
sc.judiciary.gov.ph/microsite/poe/ 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: in her 2012 COC, period of residence before May 13, 2013, she thought that
the period asked was as of Oct 2 2012 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: the common sense explanation was she couldnt include the period after
Oct 2 2012 as it had not yet happened. 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Counting 6 years and 6 months from Oct 2, 2012, counting that backward
will bring you only to April 2006. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: It can be May 24, 2005 if you apply the jurisprudence on what is domicile.
SCPh_PIO Atty. Poblador: She was advised in 2015 that she can compute her residence all the way
back to May 2005. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador notes that petitioners husband had to stay behind due to pending projects
and to sell their house. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Del Castillo: when did she realize the error in her 2012 COC? #PoeOrals 19 Jan from
Twitter Web Client
SCPh_PIO Atty. Poblador: when UNA pointed it out. She explained to the public the next day that
Tiangco went out about it & again explained in the SET 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: on WON she officially corrected with the COMELEC, theres no official
process your Honor 19 Jan from Twitter Web Client
SCPh_PIO Senior Associate Justice Carpio now interpellates. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Carpio reads passage from the deliberations of the 1934 Constitutional Convention
SCPh_PIO SAJ Carpio: Do you agree with me counsel that the amendments of the 1934 constitutional
convention rejected that children of 1/2 #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO 2/2 unknown parentage should be considered natural born citizens? Atty. Poblador: yes but
only because it wasnt necessary to include them 19 Jan from Twitter Web Client
SCPh_PIO SAJ Carpio: do you agree w/me that what you stated was incomplete and you did not
include the voting in the 1934 constitutional convention? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: No your honor, the reason was more important than the voting. #PoeOrals
19 Jan from Twitter Web Client
SCPh_PIO Associate Justice Perlas-Bernabe now interpellates asking for the jurisdiction of COMELEC
under the 1987 Consti and OEC 19 Jan from Twitter Web Client
SCPh_PIO J. Bernabe: under the wordings of Sec 78 the 3rd element of deliberate intent was only
added? Atty Poblador: yes your Honor by jurisprudence 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Contreras Elamparo and Valdez filed under Sec 78. Tatad under Sec 68
SCPh_PIO Atty. Poblador: Only body which can decide on qualifications are SET and PET #PoeOrals 19
SCPh_PIO Atty Poblador: COMELEC is to rule not on the disq perse, all it can do is to address
preliminarily & not defininitively WON candidate is disq 19 Jan from Twitter Web Client
SCPh_PIO J. Bernabe: are you familiar with Rule 25 of Rules of Procedure of COMELEC? 19 Jan from
Twitter Web Client
SCPh_PIO J. Bernabe: Is a petition under this Rule distinct from Sec 68 of OEC? Atty. Poblador: Yes.
SCPh_PIO J. Bernabe: under what authority was Sen Poe staying in the Philippines? Atty. Poblador:
balikbayan visa on May 2005 19 Jan from Twitter Web Client
SCPh_PIO Associate Perez now interpellates, asking if it is necessary that there be a finding by the
COMELEC on these consti qualifications? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: only preliminarily your honor 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: In Fermin, SC said this petition is not about disqualification. Let the PET or
the SET do that after elections. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J Perez: determination of good faith or the making of a false representation shouldn't be
made to depend on whether person has qualification 19 Jan from Twitter Web Client
SCPh_PIO J. Perez: what relevance do you find to the section in the OEC concering nuisance
candidates? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: COC may be cancelled due to lack of capacity and I believe grounds are not
the same 19 Jan from Twitter Web Client
SCPh_PIO J. Perez: after Senate decided on citizenship, what authority does COMELEC have?
SCPh_PIO Atty. Poblador: the decision is conclusive because it is in an in rem proceeding, and binding
on the COMELEC 19 Jan from Twitter Web Client
SCPh_PIO J. Perez: subject of course to the pending petition on that SET decision? 19 Jan from Twitter
Web Client
SCPh_PIO Atty. Pobaldor: but that is a special civil action not affecting finality of that decision 19 Jan
SCPh_PIO Atty. Poblador: If SC does not rule on qualifications but only on deliberate
misrepresentations, SET can later on deliberate. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Nothing prevents the SC now in making its own definitive finding whether or
not Sen Poe is qualified. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Leonardo-de Castro now interpellates, delves into the principle of jus sanguinis #PoeOrals
SCPh_PIO J. de Castro: can you explain why you put foundlings under the definition of natural born
citizens in the Constitution? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: born of Filipino mothers or fathers is the basis but in the absence of proof,
there are presumptions. 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Presumptions are available to foundlings precisely because they do not
know their parents 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: presumptions are based on established fact, what is the established fact here?
SCPh_PIO Atty. Poblador: If theres a foundling certificate, the court will declare the child a foundling
who can be adopted. 19 Jan from Twitter Web Client
SCPh_PIO J Leonardo De Castro: A foundling can only be a Filipino citizen, it doesnt say a natural born
citizen. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: you have to go through a process to say that one is a foundling. 1/2 #PoeOrals
SCPh_PIO J. De Castro: How can you say that a foundling comes within the definition of a natural born
citizen when there is a process? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J De Castro: You cannot apply a presumption unless there is an established fact. "I found
this child, shes a natural born citizen." 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: who knows that definitely that Sen Poe was born on that day? Nobody saw
her. Nobody saw her being born in Iloilo. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: She was just found there. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO AttyPoblador:I dont think there's a Q that petitioner is a foundling.It's true that there's a
process but that's a requirement for adoption 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: A foundling abandoned with unknown parentage and is registered as such.
Petitioner is registered as a foundling. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty Poblador: There may be no judicial declaration that she is a foundling..can we
reasonably presume that she is a natural born? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: What is the alternative? Can we presume that she is a naturalized citizen?
SCPh_PIO J. De Castro: I am relying on the definition of natural born citizen and it is by birth right.
SCPh_PIO J. De Castro: And if you invoke international law, you do not rely on blood relationship,you
are relying on a provision of international law 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: And that is citizenship by law, not by blood relation. 19 Jan from Twitter Web
Client
SCPh_PIO Atty. Poblador: applying a presumption does not negate the constitution but applying a rule
of evidence. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty Poblador notes that you present evidence but if its not available, you present
presumptions. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: As far as RA 9225 is concerned her US citizenship was renounced on
October 20, 2010 #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: She could go to US without US Visa but not the same as she did. Last time
she used her US passport was March 2010 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: we will take your word for it but cannot rely on the BI records because that
only shows the arrival and departure in PH 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: is it rational to say that the COMELEC does not have the position to determine
qualification for Senators? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: that is our position, only for local officials #PoeOrals 19 Jan from Twitter
Web Client
SCPh_PIO J. De Castro: so you are saying that the COMELEC can allow all nuisance candidates to run?
Atty. Poblador: I think that is the extreme case 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: you think your interpretation should prevail over the constitutional body that
issues these rules? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: I was paraphrasing COMELEC Rule 25, this is also consistent with the case of
Fermin 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: I think if its not about qualification, it will be summarily dismissed. #PoeOrals
SCPh_PIO Atty. Poblador: if there are no proper grounds for disQ, COMELEC should dismiss the
petition #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: Counsel, material representation can cover many things, like qualification of a
candidate. 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: What else can be so material than a qualification of a candidate, more so
citizenship and residence? 19 Jan from Twitter Web Client
SCPh_PIO J De Castro: Elamparo alleged Poe & husband misrepresented themselves in buying 3
properties in May 2005, stating they're Filipino citizens 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: as in the case of Mitra, the documents are unilateral documents, executed
not by petitioner herself 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: this cannot be invoked against petitioner to prove it was fraudulent.
Elamparo is invoking the Doctrine of Similar Acts. 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: I dont think this doctrine applies. COC cannot be considered false because
it was after she acquired Filipino citizenship 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: No. I think Atty. Elamparo is looking into the discrepancy on the period of
residence alleged by petitioner in the 2 COCs 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro points out that the the position involved in this case is the highest position in
the land. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO Atty Poblador: Is it not enough that there is substantial evidence/circumstantial evidence
that Sen Poe is a natural born Filipino citizen? 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: Is it logical that we will rely on a disputable presumption which can be
overturned within the 6-year term of a president? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Most presumptions are disputable your Honor. If these presumptions are
available, why would we deny it to a foundling? 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: it is a disputable presumption of nationality. And in international law,
nationality has a different meaning from citizenship 19 Jan from Twitter Web Client
SCPh_PIO Atty. Pobaldor: there is no distinction between nationality and citizenship in PH. It is more
historic than legal. 19 Jan from Twitter Web Client
SCPh_PIO Atty. Pobaldor: Natural born citizenship cannot be presumed is contrary to the case of
Tecson v COMELEC your Honor 19 Jan from Twitter Web Client
SCPh_PIO J. De Castro: I dont think you can find the word "disputable" in that decision. 19 Jan from
Twitter Web Client
SCPh_PIO Atty. Poblador: although FPJ was not a foundling, they applied presumptions in the case in
order to establish he was a natural born citizen. 19 Jan from Twitter Web Client
SCPh_PIO J. Peralta now interpellates: what quantum of evidence is required to determine if a
candidate is qualified or not? 19 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: I believe only substantial evidence 19 Jan from Twitter Web Client
SCPh_PIO J. Peralta: Whats your basis that there is substantial evidence. #PoeOrals 19 Jan from
Twitter Web Client
SCPh_PIO Atty. Poblador: The burden of proof is not on us. What evidence should they show that she
is a foreigner? #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J Peralta: Your evidence is not sufficient. What if we say its final and executory? #PoeOrals
SCPh_PIO Atty Poblador: Citizenship cannot be final in the sense that they cannot be disturbed.
SCPh_PIO J. Peralta: supposing we come out with a decision that Ms. Poe is not a natural born citizen
and it becomes final and executory. 1/2 19 Jan from Twitter Web Client
SCPh_PIO J. Peralta: And DNA comes after that her parents are Ilocano, like Justice Peralta. Why dont
you get DNA evidence? 19 Jan from Twitter Web Client
SCPh_PIO J. Peralta: can a Filipino maintain two residences? One in the Phils and another in US? 19
SCPh_PIO Atty. Poblador: under our election law we cannot maintain 2 domiciles 19 Jan from Twitter
Web Client
SCPh_PIO J. Peralta: when Ms Poe ran for senate, what was her declaration of residence? 19 Jan from
Twitter Web Client
SCPh_PIO Atty. Poblador: as of the date she fled it was 6 years and 6 months 19 Jan from Twitter Web
Client
SCPh_PIO J. Peralta: Wasnt that an admission against her interest? Atty. Poblador: it may, it may not.
SCPh_PIO J. Peralta: I think there is a difference in the case of Romualdez, Mrs Marcos never acquired
US citizenship 19 Jan from Twitter Web Client
SCPh_PIO J. Leonen will interpellate for 30 minutes, after which the Oral Arguments will resume next
Tuesday #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Leonen: what did your client do to cause the parents to leave her? Atty. Poblador: she
does not know your Honor 19 Jan from Twitter Web Client
SCPh_PIO J Leonen: What are we requiring of her to prove her parentage? Atty Poblador: DNA. For
any other, its the birth certificate. 19 Jan from Twitter Web Client
SCPh_PIO J Leonen: When we vote it should be on the basis of what is legal and not of who we want
to vote as president? Atty Poblador: yes your Honor 19 Jan from Twitter Web Client
SCPh_PIO J Leonen clarifies with Atty Poblador that it is the 1987 and not the 1935 Constitution that is
our existing Constitution. #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J Leonen: Justices are not amateur historians only. 19 Jan from Twitter Web Client
SCPh_PIO J. Leonen: Justices are people who read the text of the Constitution and only its text in
order to find out the meaning... #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Leonen: Was there ever a time that a foundling ran for president? Atty. Poblador: Im
sorry I cannot answer that question #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Leonen: Was there ever a time that a foundling ran for vice president? Atty. Poblador:
None your honor #PoeOrals 19 Jan from Twitter Web Client
SCPh_PIO J. Leonen now tackles Section 2, Article IX of the 1987 Constitution #PoeOrals 19 Jan from
Twitter Web Client
SCPh_PIO Session to resume next Tuesday with J. Leonen's interpellation. Session is adjourned.
SCPh_PIO En Banc Action,Jan 12, '16,GR No. 215847, Javier v. Comelec, SC (12-0,4 NP)annuls Comelec
order, upholds Javiers proclamation as governor. 22 Jan from TweetDeck
SCPh_PIO The newly appointed Deputy Clerk of Court En Banc Atty. Anna-Li Papa-Gombio takes her
oath before the Chief Justice. pbs.twimg.com/media/CZTraOMUsAA4NsS 22 Jan from Twitter for
iPhone
SCPh_PIO Just in: The 174th Associate Justice of the Supreme Court of the Philippines, Hon. Alfredo
Benjamin S. Caguioa. pbs.twimg.com/media/CZUBF5JWYAA_JST 22 Jan from Twitter for iPhone
SCPh_PIO #PoeOrals Day 1 in Photos bit.ly/1OCanDd 22 Jan from TweetDeck
SCPh_PIO Earlier today, the President swore in the SCs 174th Associate Justice, Hon. Alfredo
Benjamin S. Caguioa. twitter.com/govph/status/6914725927 25 Jan from TweetDeck
SCPh_PIO PHOTO: Earlier, the 6 new SB Justices took their oath before the CJ and J Jardeleza; here, J.
Michael Musngi. (1/6) pbs.twimg.com/media/CZjktjiVAAIBiIx 25 Jan from TweetDeck
SCPh_PIO PHOTO: Earlier, the 6 new SB Justices took their oath before the CJ and J Jardeleza; here, J.
Reynaldo Cruz. (2/6) pbs.twimg.com/media/CZjlaR_UkAAnE5k 25 Jan from TweetDeck
SCPh_PIO PHOTO:Earlier, the 6 new SB Justices took their oath before the CJ; here, J. Ma.Theresa
Mendoza-Arcega.(3/6) pbs.twimg.com/media/CZjlu66UAAAYjcY 25 Jan from TweetDeck
SCPh_PIO PHOTO: Earlier, the 6 new SB Justices took their oath before the CJ and J. Jardeleza; here, J.
Karl Miranda. (4/6) pbs.twimg.com/media/CZjmE8RUcAADdc9 25 Jan from TweetDeck
SCPh_PIO PHOTO: Earlier, the 6 new SB Justices took their oath before the CJ; here, J. Zaldy V.
Trespeses. (5/6) pbs.twimg.com/media/CZjmVNSVAAAQ39W 25 Jan from TweetDeck
SCPh_PIO PHOTO: Earlier, the 6 new SB Justices took their oath before the CJ; here, J. Geraldine Faith
Econg. (6/6) pbs.twimg.com/media/CZjm3QaUkAEeWnf 25 Jan from TweetDeck
SCPh_PIO #PoeOrals Session 2 tomorrow, 26 January 16, 2 PM. Catch audio livestream at
bit.ly/1TjL1NI; 25 Jan from TweetDeck
SCPh_PIO PHOTOS: JJ Musngi, Cruz, Mendoza-Arcega and Miranda taking their oath before J Jardeleza
and the CJ (1/2) pbs.twimg.com/media/CZjrVJsUEAEIAEk 25 Jan from TweetDeck
SCPh_PIO PHOTOS: JJ Trespeses and Econg take their oath before the Chief Justice. (2/2)
pbs.twimg.com/media/CZjsJ3zUUAA9Xz- 25 Jan from TweetDeck
SCPh_PIO PHOTO: 5 of 6 of the new SB Justices with AJ Leonardo-DeCastro(4th from left) and
Jardeleza (3rd from right). pbs.twimg.com/media/CZjweDYVIAAeEZ3 25 Jan from Twitter for iPhone
SCPh_PIO All on one page #PoeOrals pleadings, comments, tweetcast, And audio livestream; Click
sc.judiciary.gov.ph/microsite/poe/i 25 Jan from Twitter for iPhone
SCPh_PIO Private respondent Atty. Estrella Elamparo arrives for the second round of #PoeOrals
pbs.twimg.com/media/CZnz5ElWYAIMOk6 26 Jan from Twitter for iPhone
SCPh_PIO All on one page #PoeOrals pleadings, comments, tweetcast, And audio livestream
sc.judiciary.gov.ph/microsite/poe/i 26 Jan from Twitter for iPhone
SCPh_PIO The Court is now in session for the 2nd round of #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO #PoeOrals The second session resumes with J. Marvic Leonen resuming his interpellation of
Atty. Alex Poblador. pbs.twimg.com/media/CZoEAcmWwAAHrjz 26 Jan from Twitter for iPhone
SCPh_PIO Happening now: 2nd round of #PoeOrals pbs.twimg.com/media/CZoEZsLWIAAJ6x_ 26 Jan
SCPh_PIO Associate Justice Leonen continues his interpellation of Atty. Poblador. #PoeOrals 26 Jan
SCPh_PIO Atty. Poblador agrees with J. Leonen that generally accepted principles of international law
form part of the law of the land 26 Jan from Twitter Web Client
SCPh_PIO J Leonen: if there is a way by which we can narrowly tailor issues in order to come out wit
the result, it would be better. Why? #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Structure of the Constitution defines power of various agencies. #PoeOrals
SCPh_PIO Atty. Poblador: The Supreme Court is there to review their actuations to determine
whether or not they act within their powers #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: Intl law --does it amend consti? Can it change meaning of consti? Atty. Poblador
answers No to both. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador notes that the law can be ambiguous because it excludes certain class of
people. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen and Atty. Poblador agree that under the maxim dura lex sed lex, if there is a
text, one cannot go beyond the text #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: There is a middle ground between dura lex, sed lex and vox populi, vox dei.
SCPh_PIO J Leonen: must we apply the law if it is unreasonable Atty. Poblador: No #PoeOrals 26 Jan
SCPh_PIO J. Leonen points out that there is an interpretation why the amendment did not hold. And
theres Atty. Pobladors own interpretation. 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador says theres ambiguity in Constitution relating to children of Filipino fathers
if foundlings excluded. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador says it's necessary to go to the intent of the framers. #PoeOrals 26 Jan from
Twitter Web Client
SCPh_PIO However, J Leonen notes that in the discussion of the framers, there were only two people
talking about the issue of the foundling #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen goes into the case of Go v. Ramos which discusses the elements of when the
determination of citizenship becomes res judicata 26 Jan from Twitter Web Client
SCPh_PIO Asked on his postion, Atty. Poblador says the petitioner was natural born upon birth
SCPh_PIO Looking into the nature of the citizenship (Natural born/naturalized), Atty. Pobaldor says it
is a collateral attack on the part of COMELEC 26 Jan from Twitter Web Client
SCPh_PIO Atty Pobladors position is that COMELECs jurisdiction is only to decide
false/misrepresentation and not to decide on qualification per se 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen asking for the significance of except those involving the right to vote --why was
the power removed from COMELEC 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen asks for a clarification of the removal of the power from COMELEC to be tackled
in their memoranda 26 Jan from Twitter Web Client
SCPh_PIO J Leonen notes that part of COMELEC's power is to ensure free, orderly, honest, peaceful
and credible elections. 26 Jan from Twitter Web Client
SCPh_PIO Happening now: 2nd round of #PoeOrals with J. Leonen interpellating Atty. Poblador, Sen.
Grace Poe's lead counsel. pbs.twimg.com/ext_tw_video_thumb/69 26 Jan from Twitter for iPhone
SCPh_PIO On nuisance candidates, Atty. Poblador says the basis for removing nuisance candidate is
because they are not there to run but for confusion 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador submits that material misrep in Sec78 does not only refer to questions of
fact but also questions of law,mentions Tecson case 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen emphasizes that every interpretation of this court must have a clear textual
anchor but interpretation must be just & legal. 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen showing slides presenting Art VII Sec2, on qualifications of a President #PoeOrals
SCPh_PIO J. Leonen: What does at least 10 years immediately preceeding the election qualify? Atty.
Poblador: residency not citizenship 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: Ten years qualifies residency, not citizenship. citizenship and residency are two
different things. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: A citizen can be a resident of another country while a foreigner may be a resident
of the Philippines. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: In 1987 was there already a doctrinal distinction between domicile and
residence? Atty. Poblador: None your honor. 26 Jan from Twitter Web Client
SCPh_PIO J Leonen asks the purpose of residency. Atty Poblador says to make sure candidate is
familiar with her constituency's condition #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador points out that Sen Poe has been in the Philippines for more than 2/3 of her
entire life. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: When must citizenship be present in order that a candidate is qualified? Atty.
Poblador: On the day COC is filed. 26 Jan from Twitter Web Client
SCPh_PIO A candidate must be a natural born citizen when she filed her certificate of candidacy.
SCPh_PIO Atty. Poblador says that Sen. Poe used her US Passport in 2005. Only time stopped using
was in 2010 when she renounced her US Citizenship. 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador clarifies that such use would not recant her oath in 2006 #PoeOrals 26 Jan
SCPh_PIO Atty. Poblador: there is no relation between the use of her US passport in relation to her
citizenship 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen discuses the case of Caballero, which clarified the difference between citizenship
and residence. 26 Jan from Twitter Web Client
SCPh_PIO Read: Rogelio Batin Caballero Vs. Commission on Elections and Jonathan Enrique V. Nanud,
Jr. sc.judiciary.gov.ph/pdf/web/viewer. 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador clarifies that Sen Poe became a US Citizen in 2001 and remained a dual
citizen until she renounced on Oct 20, 2010 #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen asks for a discussion of the difference of Poes case from Coquilla and Caballero in
their memoranda #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen and Atty. Poblador now discussing two kinds of citizenship: natural born citizen
and naturalized #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Given a hypothetical, Atty. Poblador says that a daughter born of two Filipino parents in
Hawaii, is a natural born of USA. 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: In the Phils we have clear provisions on citizenship? Atty. Poblador: Yes your
honor. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen discusses the gradations of citizenship which dates back to the Spanish time
SCPh_PIO Atty. Poblador says that in citizenship we cannot create more classifications other than
natural born and naturalized #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador: right to run for office is a guaranteed right #PoeOrals 26 Jan from Twitter
Web Client
SCPh_PIO J. Leonen discusses the following Consti provisions: Article II Sec 1, Sec 11, 13 and 14
SCPh_PIO Atty. Poblador says that anyone who accuses that a candidate is disqualified has the burden
of proof. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador notes that importance of position has no connection with burden of proof
and presumptions. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J. Leonen: Has there been proof to show that Poe is a foreigner? Atty. Poblador: No
evidence at all that she or her parents are foreigners. 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador says that from the time Poevwas born, there was no piece of evidence
presented at COMELEC to prove shes a foreigner 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Poe was presumed a natural born Filipino at birth. J. Leonen: basis of the
presumption? #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Two basis: one is that there are presumptions of law, based on intl law, that
she should be consider natural born #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador: Second, the place where she was found constitutes evidence that she is
born of Filipino parents #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Did you present evidence in the COMELEC? Atty Poblador: we did cite circumstantial
evidence..main circumstantial evidence is place of birth 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador tells J.Leonen that circumstantial evidence can show Poes citizenship. Points
out her place of birth, fact is born in Iloilo 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador notes that the overwhelming majority of the population in that area are
Filipinos. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO On a hypothetical, if a foundling is found in the British Intl School, jus soli applies? Atty.
Poblador says no, jus sanguinis 26 Jan from Twitter Web Client
SCPh_PIO On proving that a person is not natural born, Atty. Poblador argues that both parents must
be shown to be foreigners. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador reiterates that burden of proof is not on them. #PoeOrals 26 Jan from
Twitter Web Client
SCPh_PIO J. Leonen now going into Dean Valdez argument that that there are 2 stages in RA 9225.
SCPh_PIO Re: as to her source of income, Atty Poblador says he needs to discuss this with his client.
SCPh_PIO J Carpio and Atty Poblador agree that the Balikbayan program covers both OFWs and
former natural born citizens. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J Carpio: If you have a balikbayan visa, can you be employed in the PH? It is not a working
visa/permit? Atty. Poblador answers yes to both 26 Jan from Twitter Web Client
SCPh_PIO Associate Justice De Castro interpellates Atty. Poblador again. #PoeOrals 26 Jan from
Twitter Web Client
SCPh_PIO J.de Castro asks Atty Poblador to give his sources and to state in precise terms the
principles in international law he is relying upon 26 Jan from Twitter Web Client
SCPh_PIO J de Castro asks Atty Poblador to tackle in their memoranda to convince the court that by
virtue of general principles of intl law, 1/2 26 Jan from Twitter Web Client
SCPh_PIO 2/2 they can do away with the classification of citizenship under the Constitution #PoeOrals
SCPh_PIO J de Castro reads Article 15 of the 1930 Hague Covention. Atty Poblador says that there is
no need for legislation to implement such 26 Jan from Twitter Web Client
SCPh_PIO J de Castro: in your memoranda, mention a specific provision in the Consti stating
foundlings are automatically considered natural born 26 Jan from Twitter Web Client
SCPh_PIO On the basis of the BIs finding that Poe was born of Filipino parents, Atty Poblador
mentions BI's rules of presentation an old PH passport 26 Jan from Twitter Web Client
SCPh_PIO J de Castro: There is no presumption as to the fact of Poes parentage. Not the presumption
that she was a foundling/adopted child. 26 Jan from Twitter Web Client
SCPh_PIO J de Castro asks for the document submitted by Poe to the BI that made BI believe that she
was born of Filipino parents 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador: she presented an old PH Passport 26 Jan from Twitter Web Client
SCPh_PIO J de Castro asking clarificatory questions regarding Poe's travel records #PoeOrals 26 Jan
SCPh_PIO Associate Justice Del Castillo now interpellating Atty. Poblador #PoeOrals 26 Jan from
Twitter Web Client
SCPh_PIO On the effect of the recantation of the affidavit of renunciation, Atty Poblador says that it
may depend on US law. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador says had she used her US passport after Oct 2010, ruling in maquiling would
recant her renunciation. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador says she would remain a dual citizen. It will not affect her reacquisition of
Filipino citizenship. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador adds: However, US law might consider her not a US citizen anymore. in
which case, she would only be a Filipino citizen. 26 Jan from Twitter Web Client
SCPh_PIO J. Perez now interpellating Atty. Poblador. #PoeOrals
pbs.twimg.com/media/CZoinmbWcAA0DBo 26 Jan from Twitter Web Client
SCPh_PIO J Perez asking Atty Poblador to clarify the purpose of the proceeding at hand. #PoeOrals 26
SCPh_PIO Atty Poblador says this honorable court should not only look at the law or fact is, it should
look at the intent of petitioner. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Associate Justice Velasco's turn to interpellate Atty. Poblador. #PoeOrals
pbs.twimg.com/media/CZokIooWkAACdEc 26 Jan from Twitter Web Client
SCPh_PIO J. Velasco asking for a decided case on the issue of the nationality of a foundling. Atty
Poblador mentions Sps. Ellis vs Republic #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO J Velasco and Atty Poblador agree that the case does not however tackle the issue of
whether or not a foundling is a natural born citizen 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador discusses "Domicile through an incremental process": relocation of a
residence can be accomplished in a series of ...1/2 26 Jan from Twitter Web Client
SCPh_PIO 2/2 incremental acts so long as intent to remain is underlying #PoeOrals 26 Jan from Twitter
Web Client
SCPh_PIO The Chief Justice now interpellating Atty. Poblador #PoeOrals
pbs.twimg.com/media/CZomdOqW0AAOvTc 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno discusses the case of Ching Leng v Galang #PoeOrals 26 Jan from Twitter Web
Client
SCPh_PIO Atty Poblador now discusses how case of Ching Leng is different from the case at hand.
SCPh_PIO Atty Poblador: Poe went through an adoption process, a decree of adoption mentions she is
a foundling. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno asks Atty Poblador to discuss the doctrines of contemporaneous construction and
administrative construction. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno now reading Section 5 of RA 8552 #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO RA 8552 or an act establishing the rules and policies on the domestic adoption of Filipino
children and for other purposes 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno now reading Section 8(b) of RA 8043 #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO RA 8043 or "An Act Establishing the Rules to Govern Inter-Country Adoption of Filipino
Children, and For Other Purposes" 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno: If the Court will say the Ching Leng doctrine is a hard and fast rule, what is the
effect on all children, esp foundlings? 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno gives the ff effects: Contrary to Art 15 of Family Code; Invokes Article 6 Civil Code;
Law intends justice and right to prevail 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno does not agree that justice prevails is vox populi. But it's their duty under the Civil
Code and inherent in the Rules of Court 26 Jan from Twitter Web Client
SCPh_PIO Atty. Poblador agrees registration of foundlings serve as a disincentive. Births will be
simulated. there will be falsification in reporting 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno: Implication of this case is very profound. Not only on your client. In fact we can
put a blinder on who your client is. 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno: One is a child of XYZ because registration of a foundling immediately works a
disadvantage for the foundling. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno says more parents right now want to adopt. Many times they do not understand
the legal problems they will encounter. #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno: We are going to create unintended consequences, the difficulties of which not
only to be visited on your client... 1/2 26 Jan from Twitter Web Client
SCPh_PIO 2/2... but to so many foundlings in this country. 26 Jan from Twitter Web Client
SCPh_PIO Atty Poblador concedes COMELEC ruling is admissible, but says it would not have weight.
SCPh_PIO Atty Poblador: It is not conclusive, but the fact of residence that is determinative as in
previous rulings by the Court, i.e. Romualdez 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno tells Atty Poblador that discussing international law, he may have failed the
richness of domestic law itself #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO "Constitutional history is a very rich mine for us to propound from. We actually need to
deepen our understanding of ourselves as a people." 26 Jan from Twitter Web Client
SCPh_PIO CJ Sereno to Atty Poblador: You may have limited your view we have so many lofty
doctrines, decisions already here in domestic law #PoeOrals 26 Jan from Twitter Web Client
SCPh_PIO Session is now adjourned. 26 Jan from Twitter Web Client
SCPh_PIO Round 3 of the #PoeOrals continue next Tues at 2pm 26 Jan from Twitter Web Client
SCPh_PIO En Banc action, 26 Jan '16 | GR 211140 Velasco v Speaker, the Court denied with finality the
Motion for Reconsideration of respondent Reyes. 26 Jan from Twitter for iPhone
SCPh_PIO PHOTO: The 174th AJ Hon. Alfredo Benjamin S. Caguioa takes his oath before the CJ
witnessed by the full Court. pbs.twimg.com/media/CZtRCZCWIAAgSDQ 27 Jan from Twitter for
iPhone
SCPh_PIO Photo: The Court En Banc. pbs.twimg.com/media/CZtR585WYAE4jby 27 Jan from Twitter
for iPhone
SCPh_PIO Photo:The full Court at the oathtaking of its 174th Associate Justice, Hon. Alfredo Benjamin
A. Caguioa; 27Jan 2016. pbs.twimg.com/media/CZtYCEzXEAIfuI4 27 Jan from Twitter for iPhone
SCPh_PIO SC:Elizabeth Ty-Delgado is Representative of 1st Dist, Surigao del Sur; Philip Pichay is DQ
due to libel convictions (GR 219603,Jan 26,16) 1 Feb from TweetDeck
SCPh_PIO The CJ joins CA PJ Andres Reyes and CA Senior AJ Remedios Salazar Fernando at the CA's
80th Anniversary celebration. pbs.twimg.com/media/CaGxymnUYAAHgpH 1 Feb from Twitter for
iPhone
SCPh_PIO The CA PJ Andres Reyes opens the afternoon's celebration of the CA's 80th Anniversary
with a few remarks. pbs.twimg.com/media/CaG35XOUkAAQWQN 1 Feb from Twitter for iPhone
SCPh_PIO Photo: The Chief Justice addresses the Members of the CA and its staff at the CA's 80th
anniversary celebration. pbs.twimg.com/media/CaG8QcQUkAAyyQ3 1 Feb from Twitter for iPhone
SCPh_PIO PHOTO: The CJ, assisted by the CA PJ, unveils the CA 80th anniversary commemorative
stamp. pbs.twimg.com/media/CaG7GrWVIAA62j2 1 Feb from Twitter for iPhone
SCPh_PIO The CA PJ shows the CJ the special 80th anniversary commemorative coin of the CA, the
first of its kind. pbs.twimg.com/media/CaG8RSqUcAAurej 1 Feb from Twitter for iPhone
SCPh_PIO Ongoing:The CJ lauds the CA's pioneering efforts to integrate technology and automation in
case management. pbs.twimg.com/media/CaG9NOqUYAAHLkc 1 Feb from Twitter for iPhone
SCPh_PIO Part 3 of #PoeOrals on Tues, 2 Feb 16, 2 PM;argument and interpellation of
respondents.Follow live audio stream at bit.ly/1Sm58Md 1 Feb from TweetDeck
SCPh_PIO ALL ON ONE PAGE: #PoeOrals Pleadings, Comments,Audio files,Tweets, pics and livestream
audio. bit.ly/1KkXNcI; Part 3, Feb 2; 2 PM. 1 Feb from TweetDeck
SCPh_PIO Photo:Original copies (in English and Filipino) of the 1987 Constitution on display at SC
library.#ConstitutionDay pbs.twimg.com/media/CaLfkLdVIAAquoO 2 Feb from Twitter for iPhone
SCPh_PIO Photo:Signatures on Comm.Rene Sarmiento's copy of the '87 Constitution (which he
donated to SC). #ConstitutionDay pbs.twimg.com/media/CaLgpEYUkAIDFkk 2 Feb from Twitter for
iPhone
SCPh_PIO #ConstitutionDay Of the 50 ConComm members, how many were or became Justices of the
Supreme Court? 5 + 1 (the Sec-Gen of the ConComm) 2 Feb from TweetDeck
SCPh_PIO #ConstitutionDay Of the 50 ConComm members, 2--Comm Jose Suarez and Comm Jaime
Tadeovoted No; Comm Lino Brocka resigned earlier in protest. 2 Feb from TweetDeck
SCPh_PIO The court is now in session for the 3rd round of #PoeOrals.
pbs.twimg.com/media/CaMDrflUcAAM5hO 2 Feb from Twitter for iPhone
SCPh_PIO Comm. Maria Rowena Amelia V. Guanzon delivers the COMELEC's presentation.
pbs.twimg.com/media/CaMEUNbUUAAhRN- 2 Feb from Twitter Web Client
SCPh_PIO Comm.Guanzon argues that COMELEC has jurisdiction to cancel petitioners COC under the
mandate of the Consti #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Guanzon on Petition of Tatad: COMELEC did not commit grave abuse of discretion
#PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Guanzon argues that COMELECs Rule 23 Sec 8 is in harmony with the Rules of Court
SCPh_PIO Comm. Arthur Lim continues the presentation for public respondent COMELEC.
pbs.twimg.com/media/CaMFHueUMAAf4Fh 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: this case is first and foremost a legal case, where the primacy of the consti and
rule of law is at stake #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO COMELEC says the Commission is not precluded from determining the petitioners
citizenship; SET ruling is not final. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO On citizenship, Comm.Lim argues that burden of proof shifted to to petitioner when she
admitted she was foundling. 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: we did not usurp PET's power. COMELEC has express power to determine
material misrep in COC & deny it due course before elections 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: She has no bloodline to a Filipino parent being a foundling and our Constitution
follow jus sanguinis. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: She renounced Filipino citizenship when she became a naturalized American
citizen. 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: She have reacquired Filipino citizenship but not natural born. #PoeOrals 2 Feb
SCPh_PIO #PoeOrals The Court is in session. pbs.twimg.com/ext_tw_video_thumb/69 2 Feb from
Twitter for iPhone
SCPh_PIO Comm.Lim points out that pieces of evid presented by Poe to prove her domicile were all
done before Jul 18, 2006, date of her repatriation 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim argues Romualdez case does not apply to this case #PoeOrals 2 Feb from Twitter
Web Client
SCPh_PIO Comm. Lim: What will happen is an ineligible candidate is allowed to run and gets elected
president? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: [If elected] Will there be another EDSA uprising if she doesnt step down?
Should we rather now nip in the bud such instability? 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: If not, will it be goodbye rule of law? Your Honors, the fate of our beloved
country is in your good hands. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Associate Justice del Castillo starts the interpellation. Commissioner Lim will answer on
behalf of COMELEC. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.del Castillo: petitioner filed her COC and respondents opposed by filing petition for
cancellation and you conducted a hearing... 2 Feb from Twitter Web Client
SCPh_PIO J.del Castillo: when did [COMELEC] agree on a decision in the case? #PoeOrals 2 Feb from
Twitter Web Client
SCPh_PIO ALL ON ONE PAGE: #PoeOrals Pleadings, Comments, audio files, tweets, pics and livestream
audio. bit.ly/1KkXNcI 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: when Elamparo filed on Oct 16, 2015; other complaints were filed on the
following days within 5days 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: COMELEC En Banc decided on Dec. 23, 2015, when the decisions were
promulgated. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J. Del Castillo: Why did you not consolidate these cases? Comm. Lim: The Elamparo case
was far much ahead. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim explains that summons had not been served on the Tatad cases. They felt that
the 2nd Div was ready, they couldnt wait the 1st Div 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim also notes that the Second Division didnt have power to order the First Division
to transfer files. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.del Castillo: Release of decision on Dec 23 was not planned? #PoeOrals 2 Feb from Twitter
Web Client
SCPh_PIO Comm.Lim: Before Dec 23, the honorable Chief Justice was quoted, that if need be, that the
SC was ready to tackle these cases. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: And she proved to her word, and issued a TRO on Dec28. There was no
deliberate intent to try to make life difficult for petitioner 2 Feb from Twitter Web Client
SCPh_PIO J. Del Castillo: Why dont you just allow this process in a quo warranto proceeding?
SCPh_PIO Comm. Lim: The COMELEC resolved whether or not there was material representation
which was false. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim says that they only resolved the matter of material represenatation that was
false, which power is vested to them by law. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: In delving into the issue of material representation, COMELEC had to go into
substance re: eligibility on citizenship & residency 2 Feb from Twitter Web Client
SCPh_PIO The Chief Justice now interpellates COMELEC Comm. Arthur Lim. #PoeOrals
pbs.twimg.com/media/CaMMj6gUMAETLP9 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno mentions that Comm.Lim is her kababayan and a friend of her father. #PoeOrals 2
Feb from Twitter Web Client
SCPh_PIO CJ Sereno: You said that if we are going to reverse your decision on citizenship, it will not
adhere to the Constitution. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim agrees with CJ Sereno that our Consti is not an exclusively jus sanguinis system,
but a mixed system. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim says SC has ultimate power through judicial review but says the text of
Constitution is clear & what is stated has to be affirmed 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim quotes Paa vs Chan, which states that there is no presumption of citizenship, but
duty of every claimant to prove such #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno now tackles Article IV Section 1 (2) of the 1935 Constitution. #PoeOrals 2 Feb
SCPh_PIO CJ Sereno: Nothing in the Constitution that says bloodline in Citizenship? Comm.Lim: It is
reasonably inferable. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno notes when you talk of bloodline, it's about purity of race, preference;Consti
never said that we are a nation of pureblooded race 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: Did the legislature exceed its jurisdiction in Commonwealth Act 473, Sec 15?
Comm.Lim: No, because those are not natural born 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno discusses jurisprudence on Jus Sanguinis: Roa v. Insular Collector of Customs,
Torres v Tan Ching, Villahermosa v. Commissioner 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: although word bloodline not used, it is in Consti through Art IV Sec 2. through
a father or mother via 1987, and father via 1935 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno notes that under Malolos Constitution, PH was a political association of all
Filipinos. The state was known as the Phil Republic. 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno says PH adopted a very liberal citizenship rule:All persons born under PH territory
even children born of a Filipino mother/father 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno discusses the Malolos Consti, Philippine Bill of 1902, Jones Law of 1916 in relation
to Citizenship #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno notes that in Tecson case, dearth of evid did not prevent court from concluding
the citizenship of 3 generations of the Poes 2 Feb from Twitter Web Client
SCPh_PIO Read: Tecson v COMELEC sc.judiciary.gov.ph/jurisprudence/2 2 Feb from Twitter Web
Client
SCPh_PIO CJ Sereno now reviews the case Duncan v CFI and how the Court acquired jurisdiction in
that case #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno points out that there are cases such as Duncan and Ellis v Republic, where the
Court pronounced a child a PH citizen. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim, however, does not concede that these cases show foundlings are Filipino
citizens, more so natural born #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno notes that pronouncing the status of a foundling is applicable not only to her -
that can make good doctrine. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim reiterates that "in clear and specific terms, a foundling is not a natural-born
citizen." #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: Matter of foundling was an affirmative defense raised by petitioner. #PoeOrals
2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: The complaint filed by private respondents alleged that Poe was not eligible
because among others she is not natural born 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: And petitioner admitted openly and publicly, even in her answer, that she was a
foundling. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: And only thing left to be done was to apply the Constitution. #PoeOrals 2 Feb
SCPh_PIO CJ Sereno: Why are you requiring extreme hardship as requiring physical evidence of a
person who doesnt know or cannot locate her parents? 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim says this is not a matter of COMELEC requiring petitioner to show by DNA
evidence that she is Filipino 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim says it wasn't until Cong. Toby Tiangco raised the issue that burden of evidence
shifted #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: Under Consti, no person may be elected person unless he is a natural-born
citizen and a resident of PH for atleast 10 years 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim emphasizes that petitioner here is seeking the highest position of the land
SCPh_PIO Comm.Lim states that COMELEC just did their duty and mandate when they cancelled the
COC of Petitioner. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: With admission that shes a foundling, the burden of proof shifted, and this she
has failed to prove. 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: The SC is the mots passive dept of govt and can only act on justiciable issues.
SCPh_PIO Comm.Lim: Any decision of the court will tap on the lives of everyone. COMELEC limited
itself to determine if there was a material misrep 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim: The problem has to be addressed in the first instance in the Congress and the
Executive - not through the Judiciary. 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: such determination of material misrep is our mandate and duty #PoeOrals 2
SCPh_PIO Comm Lim: Decisions of the court are far reaching, life changing - I concede that but... 2 Feb
SCPh_PIO Comm Lim: Commission limited itself, pursuant to its mandate, to determine whether there
has been a material representation in her COC 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: Without her COC, there is no candidate. #PoeOrals 2 Feb from Twitter Web
Client
SCPh_PIO CJ Sereno: what are you asking her to produce? Every quasi-judicial agency has a standard.
SCPh_PIO Comm.Lim: substantial evidence, your Honor. CJ Sereno: What kind of evidence, not
degree? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: testimonial or documentary, your Honor. #PoeOrals 2 Feb from Twitter Web
Client
SCPh_PIO CJ Sereno: If you were the lawyer of the respondents, tell them what kind of evidence
should they get. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim: J Carpio mentioned DNA. In a sense, SET dissent of the three justices is not
really final yet. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: COMELEC was waiting for some evidence that could convince a reasonable
mind #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim: If there is DNA evidence, a contrary ruling could still be arrived at. She can still
be declared natural-born. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: as a quasi-jurist, what would have satisfied you other than what was set in the
SET case (i.e. DNA)? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim manifests that answering the Q might pre-empt his fellow respondents. CJ
Sereno respectfully directs Comm.Lim to answer the Q 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim agrees that it is not true that we need to prove physical evid of filiation. CJ
Sereno agrees, mentions presumptions on filiation 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno and Comm.Lim agree that some matters in a birth certificate can be supplied by a
third person, i.e. midwife, nurse 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: the matter of proving filiation by blood is not a matter of absolute requirement.
it is not even a medium evidence requirement. 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: elective positions requiring natural born citizenship? Comm.Lim: Pres, VP,
Senators, Congressmen, Regional Govs & Partylist Reps 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: Can there be a partylist of mga ampon, are they not marginalized? Can
foundlings form a partylist? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: Yes, provided they do not run for public office. #PoeOrals 2 Feb from Twitter
Web Client
SCPh_PIO CJ Sereno presents a list of positions in government "Requiring Natural-Born CItizenship"
SCPh_PIO CJ Sereno: these are thousands of positions. Do you now agree with me that the
pronouncement for foundlings rights will impact a lot? 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim invokes J. Carpios decision in the case of Dominador Jalosjos #PoeOrals 2 Feb
SCPh_PIO Comm.Lim: with all due respect to the petitioner, she is not an ordinary foundling, she was
a naturalized US citizen. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: But respondents brought complaints before us and we had to act. #PoeOrals 2
SCPh_PIO CJ Sereno asks Comm. Lim if he has thought of possible implications to foundlings - in what
ways this might impact their rights? 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno asks that only because she is seeking the highest position in the land, her claim
that she is born to filipino parents is a lie? 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim reiterates that COMELEC just fulfilled their mandate under the law. But it is
uncharitable to say petitioner "lied" #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: across 1.5-2 million govt employees, if s/he is found to be a foundling, that
person must be removed from office? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: Moment s/he does not know his/her parent, s/he must be removed?
Comm.Lim:this will precisely require remedial legislation 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: it is so upsetting, that the Court will degrade an entire class of people and this
will be known in the whole world. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim continues to reiterate with due respect that remedial legislation lies elsewhere.
SCPh_PIO CJ Sereno: The Court has always reached out its hands to prevent an injustice #PoeOrals 2
SCPh_PIO Comm.Lim raises decision of Commissioners and SET Justices finding Poe not a natural born
thus unqualified under ArtVII to be PH President 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: Even if foundlings are just 4000, is it right for the court to pull the rug from under
the feet of these people? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO hypothetical by CJ Sereno in rel to Salary Standardization: if a retired employee is found to
be a foundling, now not entitled to benefits? 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim asks to canalize the case within the specific issues, that only the parties and
privies be bound by the judgment #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno points out: foundlings are not entitled to scholarships, cant practice a profession,
cant own land except by hereditary succession 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno reads an enumeration of other implications for foundlings based on COMELEC's
theory. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: with all due respect your Honor, as far as legal issues in this case is concerned,
we are only speaking of one foundling. 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim: The commission would like to limit the issue to a purely legal issue on material
misrepresentation #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno clarifies that her position has yet to be determined and her questions were
merely to address implications of their decision 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: Are we now going to ask that foundlings everytime they apply for those positions
& scholarships, they will say parents unknown? 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: Unless there is a remedial legislation, Im afraid that will be so 2 Feb from
Twitter Web Client
SCPh_PIO CJ Sereno: facts are that foundlings having no known parents, will be deprived of the rights
enumerated earlier. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: I find it strange that foundlings are wrong in stating that their parents are their
adoptive parents, they merely complied. 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno enumerates the 166/189 countries surveyed by her team that consider
foundlings as citizens by operation of law. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: My legal team surveyed 189 countries, and 4.23% use blood relationship, all
other use jus soli only or a combination #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim sticks by their stand that remedial legislation is necessary. And that the case be
limited to the material misrepresentation 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim submits COMELEC's position that Petitioner must comply with Sec2 Art VII of the
Constitution on qualifications of a PH President 2 Feb from Twitter Web Client
SCPh_PIO They share the view of CJ Sereno that foundlings be given scholarships, allowed to occupy
positions enumerated,but would require legislation 2 Feb from Twitter Web Client
SCPh_PIO Comm. LIm: The Constitution prescribes the eligibility requirements and if it is not followed,
that is very unfortunate. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm Lim: It is our duty as COMELEC to determine material misrepresentation and only
that. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: In the context of PH society, the adopted father is more than a blood father.
And there are adopted parents who are even more kind 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: if I may say so your Honor, the Congress should have acted on these issues
SCPh_PIO Comm.Lim argues that adoption is different from legitimate filiation. #PoeOrals 2 Feb from
Twitter Web Client
SCPh_PIO Comm. Lim: For filing a certificate of candidacy for president alone, a foundling cant say
her adoptive parents are her parents 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: where in the Consti can you find that a foundling cannot claim she is not natural
born Comm.Lim: from birth 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: A foundling cannot rightfully say that her adoptive parents are in fact her blood
parents. adoption is different from filiation 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: Legislation pertains to adoption & a foundling certificate is only issued after a
process - that negates natural born under Consti 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: grandfather of FPJ is presumed by Court to be residing in PH, but now theres
proof of where Sen.Poe was found... 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim's understanding of the deliberations: the delegates were expressing their own
individual positions but no one opinion binds ConCon 2 Feb from Twitter Web Client
SCPh_PIO COMELEC also quoted the ConCon deliberations in both their division and en banc
decisions, but fact was that "foundlings" were rejected 2 Feb from Twitter Web Client
SCPh_PIO However, CJ Sereno points out that the rejection was not because it was wrong, but for
purpose of style. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno shows a slide on Sources of Contemporaneous and Subsequent Construction:
Statutes and Rules Allowing the Adoption of Foundlings 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno points out peculiarity of case: Petitioner is a foundling, adopted and then
renounced citizenship; tackles dual citizenship act 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno now presents a slide on the "Interpellations of the Senate Bill 2130 or the Dual
Citizenship Act" #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: inulit ulit na hindi natatanggal ang natural born status, kundi ay automatic upon
registration. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: assuming Petitioner was a natural born citizen,got naturalized in US and lost PH
Citizenship then availed benefits of repatriation 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim:..the citizenship she reacqured is only PH Citizenship and not natural born status
and our basis is the law, RA 92225. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: law is clear and there's no dispute to what the law says, there is no room for
interpretation and no need to go into deliberations 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno:deemed not to have lost Comm.Lim: naturalization in a foreign country results
in the abandonment of PH citizenship & PH Domicile 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: as if nothing was there to begin with. S/he is now a foreigner. #PoeOrals 2 Feb
SCPh_PIO "[PH] is like a jealous & possessive mother.Once rejected,it's not quick to welcome back
with eager arms its prodigal if repentant children" 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: COMELECs positions is that RA 9225 results only in reversion as a PH citizen
only, your Honor. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno gives a hypothetical on a kidnapped child. Comm.Lim points out that a missing
child cannot be a a foundling child #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO CJ Sereno: when a child is found in a locality and asks for the childs status? Comm.Lim: in
my opinion, a missing child #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: as a father, i will consider him/her a missing child. CJ Sereno: but for the
barangay that will be considered a foundling child 2 Feb from Twitter Web Client
SCPh_PIO Senior Associate Justice Carpio's turn to interpellate Comm. Arthur Lim #PoeOrals
pbs.twimg.com/media/CaMxyu7UEAA0aam 2 Feb from Twitter Web Client
SCPh_PIO J. Carpio: naturalized citizens cannot run for President, Congress, be a member of this court
or constal body, is that discriminatory? 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: no your Honor. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Carpio points out Congress said that specific offices are reserved to natural born, & thinks
it should be changed. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Carpio is of the opinion that there are now more naturalized citizens than foundlngs.
SCPh_PIO J. Carpio suggests to COMELEC to require candidates to attach their birth certificate in their
application. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J. Carpio goes into a recent Court pronouncement on the presumption of citizenship: Go v.
Ramos, decided after Tecson. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Carpio and Comm.Lim agree that domicile of a foundling is presumed to be where s/he to
be found. 2 Feb from Twitter Web Client
SCPh_PIO J.Carpio: What is the meaning of from birth, it implies continuity, right? Precludes a
break? Comm.Lim answers yes to all. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Justice de Castro now interpellates Comm. Lim and reads parts of the blank form from the
BI if one wants to reacquire citizenship #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J. de Castro: it appears that this form does not allow a foundling to apply since it mentions
born of Filipino parents Comm.Lim: yes 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim says that BIs grant of dual citizenship to Sen Poe was based on erroneous
factual finding that she was born to Filipino parents 2 Feb from Twitter Web Client
SCPh_PIO J.de Castro asks to discuss in COMELEC's memorandum the effect of such misdeclaration 2
SCPh_PIO Comm.Lim: following doctrine of regularity of performance of functions, such a revelation
of the truth might have led to a denial of... 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim:the application of the repatriation considering RA9225 is exclusive for PH
citizens naturalized abroad and revert to PH citizenship 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim says that this application was used in Sen. Poe's pattern of misrepresentation.
SCPh_PIO J. de Castro: had she disclosed the fact that she was a foundling as early 2006, this matter
could have been threshed out but she did not 2 Feb from Twitter Web Client
SCPh_PIO J. Perez now interpellating COMELEC Comm. Arthur Lim. #PoeOrals
pbs.twimg.com/media/CaM3yrvUUAAm-4- 2 Feb from Twitter Web Client
SCPh_PIO J.Perez: can Congress pass a law which says a foundling is a natural born Filipino?
Comm.Lim: only Consti can prescribe such, no your Honor 2 Feb from Twitter Web Client
SCPh_PIO J.Perez:COMELEC construed the Consti provision on citizenship when they cancelled Poe's
COC & such construction is now questioned by petiioner 2 Feb from Twitter Web Client
SCPh_PIO J. Perez: you have brought this matter to clarify whether the foundling is a natural born
citizen. 2 Feb from Twitter Web Client
SCPh_PIO J Perez: Is there an established ruling that a foundling is not a natural born citizen? Comm.
Lim: In terms of SC ruling, there is none 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: SC is not precluded to say we are wrong. But it is our duty and we are to
perform our mandate. 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: We can apply and interpret the Consti vis--vis the material misrep. The Consti
is clear that foundling is not natural born 2 Feb from Twitter Web Client
SCPh_PIO COMELEC believes they are correct in their decision and respectfully hopes the Court
upholds their decision #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: J.Brions dissent in the Dominador Jalosjos case dicusses differences of Secs 78,
68, and 253 of the OEC #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Perez: COMELEC determines the truth to say theres material misrep? Comm.Lim: yes
under Sec 78 OEC #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Perez: what constal provision says that COMELEC is authorized to determine the constal
qualifications of a candidate? #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Perez: It seems that under your rule on material misrep,when the issue goes into constal
qualifications of a candidate,COMELEC must drop.. 2 Feb from Twitter Web Client
SCPh_PIO J.Perez:...the case because COMELEC does not have authority to hear such. #PoeOrals 2 Feb
SCPh_PIO Associate Justice Leonen now interpellates Comm.Lim and praises him for standing for 4
hours and counting. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: there is also a case vs. Duterte. J.Leonen points out that it seems the Poe case is
the only thing holding back ballot printing 2 Feb from Twitter Web Client
SCPh_PIO J Leonen: February 8 is the original deadline for the printing of ballots? Is it waiting for the
results of this case or the other case? 2 Feb from Twitter Web Client
SCPh_PIO J Leonen: COMELEC can print the ballots already while the court is deliberating on this
case? 2 Feb from Twitter Web Client
SCPh_PIO Comm. Lim: As Commissioner-in-charge for overseas voting, we cannot move the deadline
for the printing of ballots beyond Feb. 15 2 Feb from Twitter Web Client
SCPh_PIO J.Leonen: can there be a misrep of a point of law? Comm.Lim: yes. #PoeOrals 2 Feb from
Twitter Web Client
SCPh_PIO J.Leonen: If everybody knows the law, can there be a misrep of a point of law? Comm.Lim:
yes. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Leonen:would you say theres misrep by Petitioner when there are several angles on
citizenship and residency? Comm.Lim: COMELEC found so 2 Feb from Twitter Web Client
SCPh_PIO J.Leonen asks COMELEC to tackle in their memoranda if there can be a misrep on a
contested a point of law #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Leonen asks if there's really a balikbayan visa or exemption from visa as a balikbayan, &
explains balikbayan entitiled 1yr visa-free entry 2 Feb from Twitter Web Client
SCPh_PIO J.Leonen: Is there a diff between that and balikbayan visa, please cover in your memo
SCPh_PIO J Leonen says no specific case where SC ruled on whether a foundling whose natural born
status is being challenged can run for presidency 2 Feb from Twitter Web Client
SCPh_PIO J.Leonen ask Comm.Lim as rep of COMELEC, to state to the Court the position of Comm.
Christian Lim #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim clarifies Comm. Christian Lim says COMELEC is a mere nominal party #PoeOrals
SCPh_PIO J.Leonen: what's the purpose of Sec 78, why is the exclusive ground in Sec78 material
misrep, does it only pertain to a Q of fact? 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: Sec78 is an exercise of quasi-judicial power and not administrative power. It
involves adjudicatory powers and.... 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: ....necessarily involves not only investigation but also fact-finding #PoeOrals 2
SCPh_PIO Comm.Lim: the COMELEC rule does not overrule the Consti provision #PoeOrals 2 Feb from
Twitter Web Client
SCPh_PIO Comm.Lim clarifies that the 5-day period is for timelines and for utmost urgency. #PoeOrals
SCPh_PIO You can still catch the #PoeOrals livestream audio happening now. J Leonen interpellating
COMELEC Comm. Arthur Lim bit.ly/1KkXNcI 2 Feb from Twitter Web Client
SCPh_PIO J. Leonen: Is it possible that petitioner was born of a Filipino father? Comm. Lim: The
Commission is not prepared to concede that. 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: to COMELEC, all the pieces of evid presented by Petitioner did not amount to
substantial evid. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: All her acts could have bene done by any other alien resident. Animus
revertendi wasnt patent.#PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: family home cannot be constituted by the wife or children alone.Must be by
joint decision of husband & wife.Her husband stayed in US 2 Feb from Twitter Web Client
SCPh_PIO J. Leonen, however, clarified that accdg to petitioner, Husband stayed in the US "to wind up
affairs." 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim says they are only prepared to concede to the realm of the unknown. #PoeOrals
SCPh_PIO J. Brion says he did not intend to ask questions, only that he kept on hearing his name being
mentioned by Comm.Lim. #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: are you aware that the SET case is completely different from this case? Comm.Lim:
Yes. SET is quo warranto; on senatorial seat 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: SET case is on eligibility of Petitioner after election to continue to seat as
senator of PH #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: are you aware that my conclusion in the SET may be diff here? Comm.Lim: we are
aware but we hope it will not be different #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J. Brion asks Comm.Lim to narrate how this case started in the COMELEC. #PoeOrals 2 Feb
SCPh_PIO J.Brion asks for the basic defense in the answers submitted in the COMELEC cases.
Comm.Lim says affirmative defense, admission of foundling 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: what law did they cite? Comm.Lim: presumptions in international law and
proceedings in the 1934 ConCon #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: Was the law on adoption raised as a defense before COMELEC? #PoeOrals 2 Feb
SCPh_PIO Comm.Lim: No, they immediately submitted the case and Atty.Garcia said it did not require
any hearing #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J. Brion goes into each paragraph of Citizenship in the 1935 Constitution #PoeOrals 2 Feb
SCPh_PIO J.Brion gives a hypothetical: Filipina mom & foreign dad; after birth, child elects Filipino
citizenship, whats the nature under par 4? 2 Feb from Twitter Web Client
SCPh_PIO Comm.Lim: Not Natural born since child would have to perform an act upon reaching age of
majority #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: is this the case now? Comm.Lim: no your Honor #PoeOrals 2 Feb from Twitter Web
Client
SCPh_PIO J.Brion: in the COMELEC, after Divisions rule, are their decisions final? Comm.Lim: no, we
have to circulate a draft & deliberate #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: are these final? Comm.Lim: no, appealed to the COMELEC En Banc, your Honor
SCPh_PIO J.Brion: what is the nature of the ruling of the COMELEC En Banc, appealable or final?
SCPh_PIO Comm.Lim: Reviewable under Rule64 w/in 30 days, not appealable but as a mode of
review, and final and executory unless restrained #PoeOrals 2 Feb from Twitter Web Client
SCPh_PIO J.Brion: in past TOR there's reference to fairness and reasonableness. If a law is grossly
unreasonable, is there a constal violation? 2 Feb from Twitter Web Client
SCPh_PIO 3rd round of #PoeOrals is now adjourned. 2 Feb from Twitter Web Client
SCPh_PIO Part 4 of the #PoeOrals will be on Tues, Feb 9, 2 PM. 3 Feb from TweetDeck
SCPh_PIO #PoeOrals part 4 will be on Feb 9, Tuesday, 2 PM. Expected to argue are the private
respondents and the Solicitor General. 3 Feb from Twitter for iPhone
SCPh_PIO #PoeOrals will continue on February 9, 2 pm. 3 Feb from Twitter for iPhone
SCPh_PIO #PoeOrals in photos flic.kr/s/aHskpBXnFQ 3 Feb from Twitter Web Client
SCPh_PIO The Judiciary Portal & SC internet access will not be available from after office hours of
February 5 until Feb. 8. pbs.twimg.com/media/CaVS8o9UUAAAzb0 4 Feb from Twitter for iPhone
SCPh_PIO Normal internet access to the Judiciary Portal will resume on Tuesday, February 9. 4 Feb
from Twitter for iPhone
SCPh_PIO The Judiciary Portal & SC internet access is currently undergoing maintenance. Normal
operations will resume on Feb. 9, Tuesday. 7 Feb from Twitter for iPhone
SCPh_PIO #PoeOrals resume at 2 pm today,Feb 9. 7 hours ago from Twitter for iPhone

Nothing

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Nothing

Uploaded by

Copyright:

Available Formats

SCPh_PIO #PoeOrals now in session pbs.twimg.

com/media/CZD8MaJUQAAnocR 19 Jan from Twitter

You might also like