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
- the most recent janet napoles “long list” for the PDAF scam has 20 names, closer to the PDI List which had 25 names
- napoles added 8 additional names, the “long lisy” now having 20 names compared to the short list that she gave SOJ de lima which had 12 names on it
- the following 9 names (in green text) appear in all 4 lists : ap cayetano, bong revilla, honasan, jinggoy estrada, enrile, koko pimentel and barbers.
- the ping lacson list has 10 names with 9 appearing 4 times and 1 appearing 3 times
MANILA, Philippines – Twenty Senators, 100 congressmen, and all of their agents in the pork barrel transactions were named in the affidavit of Janet Lim Napoles submitted to the Senate Blue Ribbon Committee Monday.
“To the extent of my knowledge, the following are the Senators, Congressmen and their agents and the officials or staff of implementing agencies of government that had connections with me and received part of the pork barrel,” Napoles said in her affidavit.
read in full here :
20 senators, 100 congressmen named on Napoles’ long list
- the “janet napoles list” comes from the document SOJ leila de lima submitted to the senate blue ribbon committee.
- “the PDI (philippine daily inquirer) list” is a list PDI made based on the benhur luy’s computer hard disk. PDI made a copy of the contents of the hard disk.
- the “pin lacson list” according to lacson came from jimmy napoles, the husband of janet.
- nine (9) names appear in all 3 lists : cayetano, revilla, honasan, estrada, enrile, pimentel, legarda, villar and barbers
- three (3) names appear on 2 lists out of 3 : escudero, ejercito and sotto
- nine (9) names belong to 4 families : loi, JV, jinggoy – estrada family; bong and ramon sr – revilla family; cynthia and manny – villar family; koko and aquilino – pimentel family
- comparing the ping lacson and janet napoles lists, there are 2 names missing from the lacson list – JV ejercito and tito sotto. lacson reportedly got his list from the husband of janet napoles, presumably given by janet napoles.
in the Benhur Luy List :
- Manny Villar
- Cynthia Villar
- Ralph Recto
- Koko Pimentel
- Aquilino Pimentel
- Tito Sotto
- Miriam Defensor Santiago
- Bongbong Marcos
- Jun Magsaysay
- Loren Legarda
- Lito Lapid
- Bong Revilla
- Ramon Revilla Sr
- Robert Jaworski
- Greg Honasan
- Loi Estrada
- JV Ejercito
- Frank Drilon
- Alan Peter Cayetano
- Rodolfo Biazon
- Jinggoy Estrada
- Robert Barbers
- Tessie Aquino-Oreta
- Juan Ponce Enrile
- Edgardo Angara
the families in the list :
Estrada Family – Loi, JV, Jinggoy
Revilla Family – Ramon Sr., Bong Jr.
Pimentel Family – Aquilino, Koko
Villar Family – Manny, Cynthia
25 senators on Luy list
Estrada, Revilla, Enrile biggest pork beneficiaries
Third of a series
MANILA, Philippines—The names of 25 past and present senators are in the digital files of whistle-blower Benhur Luy detailing transactions Janet Lim-Napoles made from 2002 to 2012—a period during which she channeled congressional Priority Development Assistance Fund (PDAF) allocations to ghost projects and kickbacks.
The entries were made upon the instruction of Napoles to Luy, who was then her finance officer. The files were copied by the Inquirer from a hard disk drive (HDD) that Luy’s parents handed over during a visit to its newsroom last year to ask for help in exposing the alleged plunder of state funds by Napoles and her highly placed clients.
Luy said his parents did not know the explosive contents of the disk drive.
The files showed that the funds were from projects for members of the Commission on Appointments, the minority bloc in the House of Representatives of 2003, the Department of Transportation and Communications (DOTC), savings from the Department of Agriculture, Department of Agrarian Reforms, allocation for the Senate President Pro Tempore, majority floor leader, and for budget insertions.
The records showed that 15 incumbent senators had transactions with Napoles: Juan Ponce Enrile, Ramon Revilla Jr., Jinggoy Estrada, Ferdinand “Bongbong” Marcos, Vicente “Tito” Sotto, Miriam Defensor-Santiago, Gringo Honasan, Loren Legarda, Aquilino Pimentel III, Manuel “Lito” Lapid, Cynthia Villar, JV Ejercito, Franklin Drilon, Ralph Recto and Alan Peter Cayetano.
Also in the records were the names of former Senators Edgardo Angara, Manny Villar, Tessie Oreta, Nene Pimentel, Rodolfo Biazon, Robert Jaworski, Robert Barbers, Loi Estrada, Ramon Magsaysay and Ramon Revilla Sr.
Luy’s records also showed that Enrile, Revilla and Estrada were Napoles’ longtime clients.
Enrile is on record as having used P683 million from 2004 to 2012. But this is still an incomplete figure. The Inquirer still has to complete checking Luy’s records on Enrile’s total PDAF disbursements to Napoles NGOs.
Revilla used a total of P1.2 billion, again a figure that is still incomplete as the Inquirer continues to check the Luy files.
Estrada tops them all at P1.6 billion, which is still an incomplete figure as the Inquirer continues its examination of the records.
Apart from being regular clients of Napoles since 2004, the three senators were also the biggest contributors to the pork barrel funded projects who repeatedly funneled billions of funds to her bogus nongovernment organizations (NGOs). They received at least 50 percent in kickbacks of each project, the files showed.
Lapid was the first senator to become a client of Napoles. He was then governor of Pampanga. At that time, he received a total of P1,132,500 total cash advance—in US dollars and pesos—on Dec. 20, 2002, March 23, 2003, and May 7, 2003.
The first transaction with Lapid, according to the records, was P500,000 on Dec. 20, 2005, with the remarks “given at the Manila Hotel.”
In another deal, described as a Commission on Appointment project under the Department of Agriculture, Region 3, but realigned to Guagua, Pampanga, Lapid allocated P5 million and received a “rebate” of P2 million representing 40 percent of the project, the records showed.
Cayetano returned money
Luy’s records showed that Cayetano allocated P3 million of his PDAF while he was the Taguig-Pateros representative in 2003 intended for communication supply with the DOTC as implementing agency.
The records also showed a cash advance of P639,625 was received by “VLL,” but other details in the records showed that P500,000 of the amount was returned by Cayetano to JLN, Napoles’ company. Luy in earlier interviews with the Inquirer said Cayetano declined to enter into transactions with Napoles.
Santiago in a letter dated Sept. 5, 2005, and addressed to a Dennis Araullo, regional executive director of the Department of Agriculture, allocated P5 million to Cabadbaran, Agusan del Norte, for financial assistance to coffee growers under ASA-no. 101-2005-315 dated June 14, 2005.
On the same date, under Voucher No. 09-4780, Zenaida Ducut also received “cash bonus from Sen. Miriam Defensor P10 m project DA savings .05 the amount of P100 thousand.”
On the Sept. 30, 2005, entry of Luy’s financial records, under the heading JLN cash/ check disbursement, showed that Ducut, the current Energy Regulatory Commission chair, received the rebate in behalf of Santiago.
“Full payment received charged from (Santiago) DA savings the amount of P2.5 million under voucher 09-4779,” the records indicated.
Marcos, a first-term senator allocated P360 million of his PDAF in 2011 and 2012 covered by 10 special allocation release orders (Saros) through the government-owned National Livelihood Development Corp. (NLDC) as the implementing agency and designated local government units (LGUSs) as conduits to the Napoles organizations.
Sotto, senator from 1992 to 2004 and who returned for another term in 2010, also funneled from 2010 to 2012 P228 million of his pork barrel funds to Napoles NGOs through the NLDC and selected LGUs. Sotto also repeatedly assigned the same towns and cities as recipients of his PDAF from 2010 to 2012 with Napoles NGOs as beneficiaries under 12 Saros.
Legarda, a senator from 1998 to 2004 and again in 2007, also allocated P200 million of her PDAF in 2010, 2011 and 2012 to NLDC, LGU and Napoles’s NGOs as beneficiaries. Legarda’s allocations were covered by eight Saros.
Honasan channeled P107 million of his PDAF to Napoles groups twice, through the NLDC on Sept, 18, 2009 and to the DA on April 1, 2008.
‘For Gringo Honasan’
On Oct. 22, 2009, another Luy document stated that P1.750 million was transferred to an account of JLN Corp. at the Metrobank Ortigas branch “for Gringo Honasan.”
Sen. Cynthia Villar supposedly received P500,000 as kickback allocated for members of the House minority bloc in 2003 with the DOTC as the implementing agency and Jo-Chris Trading as the link to Napoles.
JV Ejercito allocated P5 million through the Department of Interior and Local government when he was still San Juan representative in 2011, the records showed.
Also on the file was a letter supposedly from Recto dated Aug. 30, 2010, for Agrarian Reform Secretary Virgilio de los Reyes in which he requested P10 million for agrarian reform projects nationwide. No other record on Recto appears in Luy’s files.
In one of Luy’s records under the CA-DA 2005 allocations, Drilon was listed to have been allocated P5 million as head of the Commission on Appointments.
One of the letters in Luy’s files showed that Drilon wrote to budget Secretary Florencio Abad on Nov. 22, 2011, and requested for P100-million financial assistance, to be coursed through the DAR secretary. But according to Luy, speaking through his lawyer, Raji Mendoza, “the letter was drafted but no transactions took place, as far as his recollection” was concerned.
An April 3, 2007, entry in Luy’s records showed that Angara allocated P50 million of his PDAF in 2007 to 10 municipalities in Mindanao as beneficiaries.
Senator Manny Villar in 2003 with his allocation from the Congressional Initiatives Funds and the DOTC as the implementing agency procured equipment supplied by Jo-Chris Trading, owned by Napoles.
Pimentel’s cash advances
In 2003 and 2004, then Sen. Nene Pimentel allegedly funneled his PDAF to Napoles organizations and received cash advances of totaling P7.6 million in cash and checks all received by a Mon Arcenas between Sept. 9, 2003 and Nov. 6, 2003. The entry also showed that a delivery of a check “was at the Senate.”
Oreta, in 2003, allocated P45 million to various soft projects and received P10,890.00 as “cash advance received by Caloy and Johnny,” but Luy’s record showed that she returned the money. The entry also stated that a balance of P1 million was to be returned by Brian Yamsuan, Oreta’s chief of staff, and the project would be completed by another contractor.
Oreta also was included in the list of lawmakers in the DOTC project allocation of P4.5 million.
Biazon, now Muntinlupa Representative, allocated P92 million of his PDAF in 2004 and 2008 using various agents under implementing agencies Technology Resource Center and the DA based on cash releases records of Luy.
Former Sen. Loi Ejercito was also among the lawmakers who allocated the most number of pork barrel projects to Napoles’ NGOs between 2004 and 2008 using P285 million of taxpayers’ money.
Jaworksi in 2003 and 2004 allocated P29.l25 million of his PDAF to Napoles NGOs through LGUs in Mindanao and also to the DOTC.
Magsaysay allocated P4 million to two provinces in 2004-2005 through the Napoles organizations.
Revilla Sr. allocated P169.07 million of his PDAF in projects “nationwide” in 2003 and 2004. His cash advances were in manager’s check and cash received by a Rowena Mendiola. Other cash advances were given by Napoles herself, the records showed.
Barbers, who died in 2005, allocated P89 million of his PDAF in 2003 and 2004 in a “nationwide” project. His cash advances were received by a “Canda” and an “Atty. Laloy.”—With Inquirer Research