4 key issues that divide SC justices in Grace Poe case 11/09/2017, 6*51 AM

IN-DEPTH

4 key issues that divide SC justices in Grace Poe case

The Supreme Court ponders its role as it weighs evidence on presidential candidate Grace
Poes residency and citizenship

Marites
Daguilan
Vitug
@maritesdvitug

Published 9:39
AM, February 03,
2016
Updated 2:23
PM, February 26,
2016

TOUGH QUESTIONS. The Philippine Supreme Court during oral arguments on the Poe
case. Photo by Rappler

MANILA, Philippines The 5-hour oral arguments on Tuesday, February 2

give the public a glimpse on the issues that divide the Supreme Court
justices in the disqualiXcation cases against presidential candidate Grace
Poe.

Lawyer Arthur Lim, a member of the Commission on Elections, answered

questions from the justices in the 3rd round, defending the poll bodys
decision to cancel Poes certiXcate of candidacy on the grounds that she
misrepresented her residency and citizenship. In other words, Comelec
said Poe was not a natural-born citizen and lacked the 10-year residency, 2

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4 key issues that divide SC justices in Grace Poe case 11/09/2017, 6*51 AM

basic requirements to run for president.

In these exchanges, 4 key takeaways emerged:

1.When the count for the 10-year residency requirement

starts.

Justice Mariano del Castillo, who will write the decision, raised the point that
the count for Poes residency should start on October 21, 2010, when she
expatriated herself before the U.S. embassy in Manila. This was when she
gave up her domicile in the US, Del Castillo said. It was the Xrst time in the
series of oral arguments that this reckoning point was brought up.

For the Comelec, July 18, 2006 is the earliest time Poe can be considered a
resident. It was at this time that she re-acquired her citizenship, as granted
by the Bureau of Immigration (BI). Lim said that the Comelec wanted to
accommodate her position but this still fell short of 10 years.

But Justice Teresita De Castro pointed out that Poe gave false claims to
the BI, saying that she was born to Fernando Poe Jr. and Susan Roces,
hiding the fact that she was a foundling.

If the count begins October 2010, Poe would have been a resident for only
less than 6 years.

2. Will the Court engage in judicial legislation? Shouldnt

Congress pass legislation to address foundlings eligibility for
government positions?

Chief Justice Maria Lourdes Sereno elaborated on her earlier position that
thousands of foundlings will be discriminated against should the Supreme
Court say that Poe, herself a foundling, is not a natural-born citizen. Many
government positions, both elective and appointive, require that holders be
natural-born citizens.

For almost 3 hours, Sereno repeatedly made this point. In response, Lim kept
going back to the core issue, saying that this is for Congress and not for
the Supreme Court to resolve. The sad plight of foundlings is not the issue

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4 key issues that divide SC justices in Grace Poe case 11/09/2017, 6*51 AM

hereLets not lose sight of the fact that Poe is seeking the highest
positionComelec doesnt want to lose focus on what is at stake. This
problem [foundling rights] should be addressed by Congress.

He added that the Court could be engaging in judicial legislation.

Justice Arturo Brion, who was the last to ask questions, followed through. If
the constitutional provision on natural-born citizenship is unreasonable,
what is the remedy? To which Lim answered, Amend the Constitution.

Brion is one of the 3 justices who dissented in the Senate Electoral Tribunal
decision saying Poe is a natural-born citizen. The other 2 are Justices
Antonio Carpio and De Castro.

3. Adoption laws as a defense was not raised by Poes counsel

before the Comelec.

Brion wanted to know if Poes camp used the countrys adoption laws as
defense before the Comelec. Sereno had repeatedly argued that these
presume foundlings to be Filipino citizens.

Lim said that Poes defense was anchored on international laws. To which
Brion asked, You heard it Xrst before the Supreme Court? He was
apparently alluding to Sereno, who brought up adoption laws as defense in
the last oral arguments and told Poes counsel to look at rich domestic
laws when they Xle their expanded briefs.

Lim said he was not sure if this line of defense came up Xrst in the
Supreme Court.

4. In weighing evidence on Poes citizenship and residency,

what standards will be used?

Sereno and Justice Marvic Leonen harped on this point. Sereno wanted to
know what kind of proof the Comelec wanted from Poe.

Leonen pursued a similar line of questioning and asked Lim to cover this in
the poll bodys brief.

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4 key issues that divide SC justices in Grace Poe case 11/09/2017, 6*51 AM

Lim said that the evidence presented by Poe was not enough. The Comelec
was after substantial evidence.

The justices are expected to deliberate on these key issues as decision time
nears.

So far, 4 justices have kept quiet during all the oral arguments: Lucas
Bersamin, Bienvenido Reyes, Francis Jardeleza and Jose Mendoza. The last
appointee of President Aquino to the Court, Justice Alfredo Benjamin
Caguiao has not participated in the oral arguments since his appointment. It
is not clear if he will take part in the voting.

The next oral arguments will take place February 9. Rappler.com

Filed under: 2016 Philippine elections Arthur Lim

Commission on Elections Grace Poe disqualiXcation

Maria Lourdes Sereno Supreme Court oral arguments

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PHILIPPINES

Comelec welcomes new commissioner Arthur Lim

Lim dismisses claims that his appointment was a 'reward' following his stint as private
prosecutor in the Corona impeachment trial in 2012

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4 key issues that divide SC justices in Grace Poe case 11/09/2017, 6*51 AM

Michael
Bueza
@mikebueza

Published 12:01
PM, July 28,
2014
Updated 12:26
PM, July 28,
2014

WARM WELCOME. New Comelec Commissioner Arthur Lim (right) sits beside Chairman
Sixto Brillantes in a conference with the media on Monday, July 28. Photo by Michael
Bueza/ Rappler

MANILA, Philippines The Commission on Elections (Comelec) welcomed

on Monday, July 28, newly-appointed commissioner Arthur Lim, who said
that he will be a good team player and will serve the people faithfully and
sincerely.

Speaking at the poll body's mag ceremony, Lim said that he is very happy to
be in the commission.

"Malaking karangalan po sa akin ang makapaglingkod sa ating bayan (It is of

great honor for me to serve our country), under the leadership of Chairman
Sixto Brillantes," whom he called as "one of the most dynamic, effective, and
reform-minded chairmen of Comelec."

In a conference with members of the media afterwards, Lim said that the
Comelec post was offered to him and did not seek to be appointed. "I did not
apply because I consider myself as always at the beck and call of our
people." This is Lim's Xrst time in public service.

Brillantes explained that he requested for an immediate replacement from

Malacaang, following the departure of commissioner Grace Padaca, who
was not reappointed by President Benigno Aquino III. (READ: Padaca speaks
out on Comelec departure)

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Lim addressed speculations that his appointment was a "reward" to him,

after being among the public prosecutors during the impeachment trial of
ousted Supreme Court Chief Justice Renato Corona in 2012. (READ: Who is
Arthur Lim?)

"More than two years have passed [since the impeachment trial]. On that
basis alone, hindi po premyo ito. Kundi, ito ay pagkakataong manungkulan."
(This is not a reward. Instead, this is an opportunity to serve.)

Moreover, he did not deny that he knows Senate President Franklin Drilon, a
key leader of the ruling Liberal Party, but he said that his loyalty is now with
the Filipino people. "I am a protege of no one, no party, no politician. I am
only a protege of our people," he emphasized.

"I would like to echo Chairman Brillantes' advice to me: Wala na po akong
kinikilingang partido, kliyente, o sinumang tao. Ang pagsisilbihan ko po
ngayon ay ang taumbayan." (I do not favor any political party, client, or any
other person anymore. Now, I am in service of the people.)

Asked about what he could contribute to the poll body, Lim said that only
time will tell. "I can offer no promises, but I will really serve faithfully and
sincerely," he said.

"I will be a good soldier, a good team player, but maintaining at the same
time an independence of mind," added Lim.

Other commissioners also welcomed Lim into the poll

body.

"We welcome him to the commission. There are a lot of

Comelec Commissioners Tito Luie Guia,
Arthur Lim, Chairman Sixto Brillantes,
Lucenito Tagle, and Al Parreo pose for
an opcial photo. (Absent in the photo
were Commissioners Christian Robert
Lim and Elias Yusoph.) Photo by
Michael Bueza/Rappler
things that we have to do now, and any additional hand
would be very helpful," Commissioner Tito Luie Guia
said on Sunday, after the Automated Election System
Forum at Pasay City.
"I suppose he would be competent for the job," added
Commissioner Christian Robert Lim. "He's more on the
legal aspect, perhaps, in case adjudication. Probably to
speed up the resolution of election cases."

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Hailing from Sulu, Lim heads a family of lawyers and judges. He has been
practicing law since 1970, and has his own law Xrm, the Arthur D. Lim Law
Opce, mostly handling maritime cases. He was a former president of the
Integrated Bar of the Philippines (IBP).

Lim revealed that he had received a scholarship from the government for his
law studies in the past. With his appointment, Lim hopes to "pay back what
the government has given to him."

Lim will serve the unexpired term of Grace Padaca or until February 2, 2018.
Padaca was bypassed by the Commission on Appointments last June and
did not receive a reappointment from the President. Rappler.com

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