the SET (Senate Electoral Tribunal) has voted not to disqualify Grace Poe with a 5 – 4 vote with the 5 voting not to disqualify Poe. the 5 votes are from senators Aquino, Sotto, Legarda, Villar and Cayetano. the 4 who voted for disqualification came from the 3 SC justices who are members of the SET and senator Nancy Binay. the SC justices are Carpio, Brion and de Castro.
her disqualification case will surely reach the SC no matter what the final decision is at the SET. when that happens, will she lose at the SC case given what the SC justices decided who are members of the SET?
in recent days, copies of the explanations from the SC justices have been released. we have here the explanation from Carpio and de Castro. the two justices voted on the basis of law, their reading of the constitution and what they mean.
Justice de Castro: Poe’s citizenship claim constitutionally objectionable November 22, 2015 10:54am
Senate Electoral Tribunal member Associate Justice Teresita de Castro maintains that presidential aspirant Senator Grace Poe’s citizenship claim is constitutionally objectionable.
In her separate dissenting opinion released days after the SET voted 5-4, junking the petition against Poe over citizenship issue, de Castro said the respondent based her claim only on “generally accepted principle of international law that stemmed from a theory of incorporation … but not on the constitution.”
She said Poe claimed to be a natural-born citizen, with a Filipino father or mother, on the basis of “a supposed legal fiction which will run afoul of the concept of natural-born citizenship under the 1935 Constitution…”
The 1935 Constitution—still in effect when Poe was born in 1968—follows the principle of jus Sanguinis” or natural-born citizenship based on blood relationship to a Filipino father or Filipino mother.
De Castro said that Poe anchored her claim of being a natural-born on international conventions such as the the 1930 Hague Convention on Certain Questions relating to the Conflict of Nationality Laws and the 1961 Convention on the Reduction of Statelessness.
These conventions particularly provide for the right of a child to nationality.
But de Castro said the conventions are not self-executing as they are not binding because the contracting state is free to determine the international agreements’ application based on national laws.
Besides, she said the Philippines has not ratified the 1930 and the 1961 conventions.
Moreover, de Castro wrote: “Even then, the citizenship, if acquired by virtue of such conventions, assuming the latter are implemented by Philippine law, is akin to the citizenship falling under the Section 1(4), Article IV of the 1987 Constitution, recognizing citizenship by naturalization in accordance with law or by a special act of Congress.”
“The definition of a natural-born citizen, under Section 2, Article IV of the 1987 Constitution, cannot be met by a foundling even if the disputable presumption is applied because before the said presumption can operate, the fact of being a foundling must first be established by a legal proceeding, as illustrated by Section 5 of R.A. No. 8552, and Sections 4, 5 and 8 of R.A. 9523, which require an official declaration tha the child is a foundling or an abandoned child before he/she can be entitled to the rights of a Filipino child under the aforesaid laws,” she added.
Carpio: Poe is Filipino but not natural-born
November 21, 2015 8:27pm
By JOSEPH MORONG, GMA News
Presidential aspirant Senator Grace Poe is a Filipino but not a natural-born one, Senate Electoral Tribunal chairman Associate Justice Antonio Carpio said.
In his dissenting opinion released four days after the SET voted 5-4, junking the petition of Rizalito David against Poe over citizenship issue, Carpio said: “there is no dispute that respondent Mary Grace Poe Llamanzares is a Filipino citizen, as she publicly claims to be.”
“But [she] has failed to prove that she is a natural-born Filipino citizen, and is thus not qualified to sit as a member of the Senate of the Republic of the Philippines.”
This echoes the justice’s earlier pronouncement during the oral arguments at the SET that Poe is a naturalized Filipino citizen.
Carpio wrote that even the framers of the 1935 Constitution did not intend to consider foundlings in the Philippines natural-born citizens at birth.
Carpio pointed out that those who argued during the deliberation of the 1935 Constitution that international law principle recognized a foundling to be a citizen at birth of the country where the foundling were misplaced. This includes, former President Manuel Roxas.
“There is nothing in international law that which automatically grants citizenship to foundlings at birth. In fact, Delegate Roxas did not cite any international law principle to that effect,” Carpio said.
According to Carpio, only the 1930 The Hague Convention was in existence during the deliberations on the 1935 Constitution.
“Therefore, there was no prevailing customary international law at that time, as there is still none today, conferring automatically a nationality to foundlings at birth.”
Any international law conferring natural-born nationality to foundlings at birth runs contrary to the concept of jus sanguinis under the 1935 Constitution which requires blood relation to the father to establish the natural-born citizenship of a child, Carpio said.
He wrote: “The 1935 Constitution clearly required blood relations to the father to establish the natural-born citizenship of a child. The 1935 Constitution did not contain any provision expressly or impliedly granting Filipino citizenship to foundlings on the basis of birth in the Philippines (jus soli or law of the soil) with the presumption of Filipino parentage as to make them natural-born citizens.”
“Only those citizens at birth because of jus sanguinis, which requires blood relation to a parent, are natural-born Filipino citizens under the 1935, 1973, and 1987 Constitution,” he added
Citing deliberations on the 1935 Constitution, Carpio also pointed out that when it came to the discussion on the qualifications President and Vice President, delegate Roxas pointed out that “natural-born citizens, means a citizen by birth, a person who is a citizen by reason of birth, and not by naturalization or by a further declaration required by law for his citizenship.”
Citing delegate Roxas, Carpio wrote: “In the Philippines … under the provisions of the article on citizenship which we have approved, all those born of a father who is a Filipino citizen, be they persons born in the Philippines or outside, would be citizens by birth or ‘natural-born … According to this interpretation, the child of a Filipino mother with a foreign father would not be a citizen by birth, because the law or the Constitution requires that he make a further declaration after his birth.”
“In short, under the 1935 Constitution, only children whose fathers were Filipino citizens were natural-born Filipino citizens,” Carpio said.
He further said: “It is also the height of absurdity to presume that all foundlings found in the Philippines, by sole reason that their parentage is unknown, are not only Filipino citizens but also natural-born Filipino citizens. To illustrate, if in 1968, on the same day that respondent was found in a church in Jaro, Iloilo, three infants were also found in front of the Manila Cathedral in Intramuros, will all the three infants be considered natural-born Filipino citizens?”
Carpio said that it would lead to a “preposterous situation which could not have been intended by the framers of the 1935 Constitution.”
“If the first infant was an African black, the second a Caucasian white, and the third infant with Chinese features, would all three infants be automatically considered natural-born Filipino citizens with the conclusive presumption that their parents were Filipino citizens? … If at all the framers intended a strict interpretation of the term natural-born citizen, considering that they limited the term natural-born citizen to those who fathers were Filipino citizens and did not extend it to those who were born of Filipino mothers and alien fathers.”
Carpio also addressed the issue of the plight of foundlings if found not to be natural-born Filipinos as argued by Poe’s camp.
“The sentimental plea, however, conveniently forgets the expressed language of the Constitution reserving those high positions, in this case the position of Senator of the Republic, exclusively to natural-born Filipino citizens … being sworn to uphold and defend the Constitution, the members of this Tribunal have no other choice but to apply the clear letter and intent of the Constitution,” he said.
Carpio however added that Poe may still be declared a natural-born Filipino if she can find a match to a Filipino parent.
All three Supreme Court justices in the nine-member SET—Chairman Carpio, Associate Justice Teresita Leonardo-de Castro, and Associate Justice Arturo Brion have separte dissenting opinions on the SET ruling favoring Poe.
Four other cases of disqualification anchored on citizenship and residency issues are currently lodged with the Comelec.
A fifth disqualification case, an election offense case of misrepresentation, also filed by Rizalito David, is being heard by the Comelec Law Department. — LBG, GMA News
will leni robredo get a boost after Mar Roxas has announced she is his VP running mate and most specially after president Noynoy Aquino endorsed her candidacy? mar roxas got a tremendous boost when Aquino anointed Roxas – from being a far 4th in the surveys, his ranking jumped to a tie at 2nd or a close 3rd.
robredo is nowhere in the polls – a very far 5th to not registering at all in another. getting her rank within the top 3 means Aquino’s endorsement do have super powers. the next survey results will be very important to Robredo, it will define her as a legitimate candidate.
survey results notwithstanding, Robredo has 2 huge but very basic marketing things that she needs to do to win:
- address low awareness on a national level – robredo may be known in here hometown and to some degree in Metro Manila but she is hardly known in the rest of the country. that is a key issue as the position she is running for is national in scope, she needs the rest of the country to know who she is.
- what is the Leni Robredo brand equity or brand positioning? together with the issue of low awareness, Robredo’s other big problem and this can be much bigger than the first is nobody knows what she stands for. what is he brand equity or brand positioning of Robredo?
awareness is the first problem that needs to be solved, the next one is brand positioning. they can be done at the same time. the first can be solved with heavy advertising and heavy exposure to the voters. i would think Robredo needs to be seen and be with the voters every day until election time. her media team ought to be the best among all the candidates to get her in the press.
in many ways that is the easier part than the second one – brand positioning. brand positioning involves defining who she is, differentiating versus the other VP candidates, being preferred over any of them and most specially to appeal to the voters.
those are classic and pretty basic marketing needs but that is very difficult to do in politics. among many other things, in politics, you are given only 1 chance to get it right or at times twice if you get lucky. in marketing mass consumer products, you get as many times as your budget will allow you and over whatever period of time your P&L can accommodate. no such thing in politics. in politics there is a finite deadline that will not move and you only get a chance only once – by election day. getting it right the first time will be critical and based on your observations, if you get it right the first time, you will need a rehash or an improvement towards the end of the campaign after your competition has responded to your first effort.
Robredo in some way has started defining her brand equity and this is centered on the use of the tsinelas as core visual and core thinking. we saw on twitter a few of the visuals that expressed that idea which we thought was a very good choice and had very good applications.
we thought the use of the tsinelas was a very smart idea. not only does everyone know what it is, every Filipino owns at least one pair of tsinelas. it is what we use at home on a daily basis and for many of us it is the only kind of footwear we own. the population of the philippines is mostly made of the poor, with very little money to even buy food on a daily basis, the tsinelas is the only footwear many could afford to buy.
the tsinelas is an ownable idea and visual – nobody has used it and it was often used by Robredo’s late husband, Jesse. he was known to use his tsinelas to work as mayor in Naga and when he was appointed by Aquino as DILG chief. back in Naga, his constant use of the tsinelas was known as his brand of governance – down to earth, poor-oriented and always being with the people. the tsinelas was the well-loved trademark of Jesse Robredo.
Levi’s use of the tsinelas declares to the voters that just like her husband Jesse, it is also her own brand of governance.
it also helps that the execution of the tsinelas as a visual in her meme materials was excellently done. it is unobtrusive, tastefully done but dominantly catches attention. the yellow color of the tsinelas uses the same color Cory used an her son president Noynoy and the Daang Matuwid group.
this is a good beginning for Robredo but we are hoping this will not end here and that it will evolve to something more substantive in the near future.
she needs to be more substantive than just the tsinelas idea as she is against other candidates who have been on the national stage and wth stronger good or bad credentials. more importantly, she is running for the position of the vice-president, the second highest position in the country and the expectations are much higher than being an HOR rep of a district in the Bicol area.
and she needs to do this quickly, election time is coming. the time is short and she needs to get it across in such a wide area in short period of time. we think she will need very high advertising spending to achieve this.
is robredo up to the challenge of the big time?
there is no other way to describe what has been happening to presidentiable Jejomar Binay and his presidential campaign – his supporters are abandoning him in what can only be called a mass exodus. this is the PDI headline from the most recent survey from Pulse Asia:
this is a survey from Pulse Asia on the performance and trust rating of Binay as vice-president. this survey asks the performance and trust ratings of the top officials in the government from the president to the speaker of the house and senate to the chief justice. this is different from the election surveys that Pulse Asia (and SWS) have been conducting.
this survey asks respondents of their sentiments in the way Binay is performing his job as vice-president. people will be responding to that question based on what they think a vice president should be doing. Binay’s run for the president is not mentioned in the question that is being asked here.
the results were devastating for Binay – he took a free fall on trust and performance to his lowest level in the process losing a whopping-15% points from 58% to 43% of his approval rating on his performance of his job.
equally devastating is his trust ratings also nose dived by losing-18% points from 57% to 39%.
source : Philippine Daily Inquirer http://newsinfo.inquirer.net/727269/pulse-asia-binay-ratings-dive
those are very dramatic losses that will make any candidate or even a pollster shudder in fear. this means that on this aspect of Binay’s political life, people are very disappointed with him and that he is being abandoned by his supporters. the vice-president position is a very easy position to fulfill – because of the nature of the job, there are very little things to do unlike say the president or even the cabinet secretaries. because of the ease, the vice president in most surveys typically gets a much higher performance and trust rating than the president.
for Jejomar Binay to get a lower rating than Aquino in this survey says a lot about the huge disappointment that people have on Binay.
in a newspaper report, Binay questions the credibility of this survey by saying he has already resigned his cabinet posts when the survey was conducted, wondering what it was the respondents were rating him for his performance and trust.
Binay is mistaken and raises an irrelevant issue – the survey had asked the respondents on his performance and trust as vice president of the country, not as any of the cabinet post he has occupied and resigned from. respondents are measuring him on the basis of what the respondents think is the job and function of the vice president. as vice-president of the country, the respondents have seen his performance and trust dramatically drop.
in recent surveys released previous to this, Binay’s ratings have shown his declining ratings continue to drop. not only that, his ranking has changed from a high 2nd to either being tied by Roxas at 2nd or falling to 3rd/4th position. the ratings of mar roxas, the LP and admin standard bearer has seen his ratings surge up both in terms of numbers and position where he used to be a far 4th to now a tie at 2nd (posted here in this blog).
the questions asked of the respondents here were point blank – who would they elect as president if the elections were held at the time of the survey and who they think is a good leader to replace Aquino as president.
Binay getting declining numbers on these different surveys says a large part of Binay’s supporters are abandoning Binay in a mass exodus. they are abandoning Binay based on different dimensions of the candidate as Binay – on trust and performance as VP, as a good leader to replace Aquino and as presidential candidate. Binay is being looked at from different dimensions by the voters and in all aspects they no longer see Binay as fit.
on their own these are already dramatic and impressive declines. put that further into context, Binay used to be the top on all the surveys just a few months ago. he was all alone on top with no one even close to challenge him. Binay’s standing started to erode when alleged charges of corruption and plunder were revealed at the senate hearings. at the height of the weekly hearings, when it became vey apparent that Binay was mired in multiple corruption charges, Grace Poe a neophyte senator surged up in the surveys .
the voters saw Binay as the evil one based on the alleged charges while they saw Poe as good in an election that quickly got into a question of an election of Good vs Evil.
we have said this before. Binay should recognize what is happening to his candidacy, these survey numbers are real and representing real sentiments. the sentiments are astoundingly consistent from many dimensions. for him to change his fortunes, he needs to wear big boy pants and face the charges that have been made against him. until he does that, the declining trend will not change and continue until the actual 2016 election.
does binay have big boy pants?
Latest presidentiable poll from Pulse Asia shows a few things worth metnioning:
- Mar Roxas;s ratings surged in September to 18% from the previous 10%. that is an amazing +8% almost doubling his rating
- Roxas’ position jumped from a far fourth to now a statistical tie at 2nd with Binay with just a difference of 3% points. the survey has a margin error of +/- 3% points
- Roxas overtook Duterte who had lost ratings
- the gaps among the three, Poe, Binay and Roxas are now much closer in ratings than before
- of the top three only Roxas increased his ratings (+8% points) while not Poe (-3% points) and Binay (-1% points) deteriorated
- in fact among the top 8 politicians, only Roxas increased his ratings while the rest declined
just like the SWS survey, this Pulse Asia survey was conducted first week of September and the positive impact on Roxas’ ratings surge was president Aquino’s endorsement of Mar Roxas and Roxas owning and promising to continue Daang Matuwid. Daang Matuwid was what got Aquino to win the election by a landslide and has become the cornerstone of Aquino’s governance.
we are surprised at the power of Aquino’s endorsement and “Daang Matuwid”. we thought that would help but both have exceeded our expectations.
the value of Aquino’s endorsement come from the fact that Aquino is the most popular president of the country. and endorsement from him will help whoever candidate he endorses. Poe and Binay knew that and that is why both wanted Aquino’s endorsement. even Binay who is against Aquino had said so which on its own is a weird thing for him to say but he did.
Daang Matuwid’s power comes from the various high profile corruption cases that have been in the headlines for many months during the Aquino administration. that started with chief justice Corona who was impeached, Janet Napoles with her PDAF scam and high profile senators Enrile, Revilla and Estrada who are all in jail on corruption and plunder charges in connection with Napoles’ PDAF Scam.
aside from them. even vice president Jejomar Binay is embroiled in corruption and plunder charges that was in full media display for many months during the senate hearings. Binay being one of the presidentiables involved in corruption and plunder, the issue of corruption which Daang Matuwid is fighting has been highlighted this election season.
the country was aghast and nearly gave a collective puke every time the string of corruption charges were being revealed at the senate. there were many and each new alleged charge seem to be greater and more puke worthy than the last one. it was not lost on the people that Jejomar Binay was no ordinary government official, Binay as vice president is the second most powerful and most important elected government official in the country.
the country has in its midst the second most powerful and most important elected public official on whom alleged charges were being made that he was seemingly dirty from top to bottom and starting from the time he took public office in Makati allegedly including his family members from his wife to his children.
that was the scenario when Grace Poe came into the picture. Grace Poe was performing credibly in the senate hearings she participated in and the interviews she gave to media. she appeared to the people as a sensible, fair and most importantly clean elected government official.
as more of the alleged charges against Binay came to light and none of them answered and Binay and his spokespersons mishandling the situation, Grace Poe emerged as the exact opposite to what Binay stood for in the minds of people. that is the reason why Poe surged in the polls and took over the lead from Binay while Binay continued on his downward spiral.
Roxas at the time was just doing his job at DILG, hardly talking and not confirming his plans for the 2016 election. it is that reason why Roxas did not factor in the surveys during that particular time.
with Binay marred with alleged multi million and serial charges of corruption he was juxtaposed against Poe who was squeaky clean. all of a sudden the 2016 election became an election about Good vs. Evil.
Poe being a woman who spoke in a measured and calm tone, with little make up, dressed casually almost always was directly compared to Binay a male whom the public pictured based on the numerous corruption power point presentations being made at the senate hearing.
it was the classic Good vs Evil comparison.
when looking at election polls, specially at the early stages of the election campaign, one should not just look at the actual rating numbers but equally important one should look for the trend. the trend is the one that will kill a candidate. the trend in many ways predict the future. in election polls, respondents are being asked of their sentiments and attitudes at that point in time that the survey is being taken. that attitude and sentiment ay change in succeeding survey points. a trend describes the movement of sentiments or attitudes.
for the presidentiables once a trend is identified, that should demand some action from the presidentiable. a rising trend means whatever the presidentiable is doing is working in his favor, a declining trend means people are finding something wrong with the presidentiable. when that happens, the presidentiable need to change what he is doing or what he is saying so that the declining trend will first be arrested and then later on hopefully reversed. for that to happen, the presidentiable need to do something different from whatever he is doing at the present time.
based on the polls as of this writing : poe is on the lead but trending flat; roxas is 2nd/3rd, an impressive climb and trending up while binay has decreased and continue to trend downwards.
are poe, roxas and binay listening to the trend?
The survey was conducted Septemebr 2 to 5, 2105 and has the following ratings for the three presidentiables :
- Grace Poe : 26%
- Jemomar Binay : 24% (difference vs Poe – 2% points)
- Mar Roxas : 20% (dofference vs Binay – 4% points)
With a margin of error at +/- 3%, Poe and Binay are on a statistical tie while Roxas vs Binay with a difference of 4% points is statistically significant but it being just shy by 1% point, that is considered a statistical tie.
unlike the other SWS survey which was an options survey (respondents were asked to name 3 candidates who can replace Aquino), this is a real elections survey where respondents were asked to identify only 1 candidate who they might vote as president if the elections were held during the time of the survey.
this survey gave a triple whammy to all three presdientiables Poe, Binay and Roxas.
1st whammy – this is the biggest whammy and it is for the benefit of Mar Roxas. mar roxas before this survey was a far third to Poe and Binay. roxas jumping to tie the front runners is a big jump for roxas. this mimics the same kind of giant improvement that Roxas got in the other SWS survey where he got a +18% point improvement catapulting him to 2nd position (read here: http://wp.me/pnw03-1W0).
this shows Roxas is a legitimate contender in the election and is on an impressive increasing trend. the increasing trend will serve Roxas well as we move to the actual election in 2016, this means Roxas is building his support base at the same time the support base of Poe and Binay are not moving if not weakening.
2nd whammy – this one hurts Garce Poe. Poe in previous surveys showed she was way ahead of the others and was a clear leader. this survey with two of her rivals catching up with her shows she is not invincible. it says she can be beaten.
3rd whammy – this hurts Jejomar Binay. Binay used to be the runaway winner in the polls but his ratings have been suffering and was on a massive declining trend since the corruption and plunder charges have been exposed in the senate. Binay just getting a tie with the two others means Binay has not arrested his declining trend and continue to suffer in the polls.
unless Binay changes things, like address the corruption and plunder charges against him, the declining trend will continue and his numbers will shrink significantly by election time. it is possible that the shrinkage will be big enough that the other leaders will overtake him.
Roxas’ ratings have gone up driven by the endorsement of President Aquino for his presidentiable run and Roxas’ declaring that he will continue Aquino’s “Daang Matuwid”. Aquino endorsed Roxas’ presidential run in an event held at Club Filipino on August 30, 2015. Roxas also ran ads almost the next day where he said he will continue Aquino’s “Dang Matuwid”.
Roxas has gained the momentum from this survey and will allow him to enlarge his support base.
Poe will need to work harder to get back her stellar number one position. Let us see if her numbers will improve on the next survey behind her announcement that she will run for president in an event that happened after this survey was conducted.
Question On Methodology & Design For SWS :
we noticed that the two presidentiables surveys, the options survey and this election survey were run on the same time period. did that mean the questions for the these two separate surveys were in one questionnaire and both were asked of the respondents in the same sitting?
if so, was there no order bias in their answers?
i would think there would be order bias and one or both of the answers of the respondents will be affected by the other. it would be difficult to accept the survey results if there was order bias.