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Comelec votes on Grace Poe appeal vs disqualification

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DECISION. Comelec Commissioner Rowena Guanzon says the poll body is set to promulgate the decision on the 2 motions for reconsideration filed by Senator Grace Poe involving her disqualification on Wednesday, December 23. Photo by Camille Elemia/Rappler

MANILA, Philippines – The Commission on Elections on Tuesday, December 22, has finished voting on the two motions for reconsideration filed by Senator Grace Poe involving her disqualification from the presidential race.

While Commissioner Rowena Guanzon refused to divulge the results of the Comelec en banc executive meeting, she said the poll body voted separately on the two cases. 

Only Commissioner Christian Robert Lim inhibited from voting on the 2nd division appeal, she said, as petitioner Estrella Elamparo was an associate in his former law firm. Meanwhile, no one inhibited from voting on the 1st division case.

Guanzon said the decision will likely be promulgated on Wednesday, December 23. 

“We have voted for the motion for reconsideration, bukas ho matatapos na siguro. We have all voted. Mas maganda tomorrow kasi bukas yung promulgation probably. We cannot naman disclose our vote but the public should be assured there is no delay. Kasi madami ang nagtatanong bakit ang tagal,” Guanzon said. 

(We have voted for the motion for reconsideration, it will be done likely by tomorrow. We have all voted. It would be better tomorrow because the promulgation will likely be tomorrow. We cannot disclose our vote but the public should be assured there is no delay. Because many are asking why it's taking long.)

Commissioners ‘carefully studied’ cases

Guanzon, who is believed to be an ally of administration standard-bearer Mar Roxas, maintained all commissioners of the poll body “carefully” studied the cases, even as she said the commissioners' votes can be based on how they decided at the division level. 

She, however, hinted there are some commissioners who reversed their earlier decisions.

“It can be different or the same but not all commissioners voted the same. And I think every commissioner, including the chairman, has the right to arrive at a decision after careful study,” she said.

The first and second divisions of the poll body ruled to disqualify Poe from the 2016 presidential race on the basis of her citizenship and residency. (READ: FULL TEXT: Why Comelec division cancelled Grace Poe's candidacy)

Poe earlier cried foul over the rulings of the two Comelec divisions, saying not all her documents and evidence were considered. 

No TRO, no name on 2016 ballot

Poe earlier admitted she is preparing herself for an unfavorable decision from the en banc, filled mostly with appointees of President Benigno Aquino III. She is also gearing up for the ultimate battle at the Supreme Court.

Without specifying the en banc decision, Guanzon said any candidate has only 5 days after promulgation of decision to secure a Temporary Restraining Order from the SC.

If he or she misses the deadline, Guanzon said, his or her name would be excluded from the ballot. 

This means that if Poe wants to hurdle the legal battle at the High Court, she has to move quickly. After all, time is running out. 

“Once we are finished promulgating the decision, the rules only afford 5 days within which you can get a TRO from the Supreme Court. Pag inabot po sila ng deadline at di sila nakakuha ng TRO ay hindi ho sila masasama sa balota. I'm not speaking about any particular candidate, yan lang po ang rule. Mas maganda na po na umakyat sa Supreme Court ang mga kasong ito, Guanzon said.

(If they don't meet the deadline to get a TRO, they will not be on the ballot. I'm not speaking about any particular candidate, that's just the rule. It's better for the cases to go up to the Supreme Court.)

The commissioner said the faster the cases go up to the SC, the better for everyone. 

“It’s really the Supreme Court. The sooner – personally – that we release these decisions so that the parties can go to the SC, will be better, not only for the parties, but also for the people,” she said. – Rappler.com 


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