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David files motion for reconsideration of Poe’s case before SET

Duterte failed to meet the Commission on Election (Comelec) deadline for the filing of certificates of candidacy for president on Oct.16.

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Mr. Duterte a few weeks ago hinted once again on changing his mind about seeking the country’s top post, at the height of the still unresolved controversy over an alleged bullet-planting racket at the Ninoy Aquino global Airport, regarding which a similar incident had also been reported in Davao.

A LOSING senatorial candidate in the 2013 elections has asked the Senate Electoral Tribunal to reconsider its decision dismissing the disqualification case he had filed against Senator Grace Poe. After all, she said the Comelec is an independent constitutional body.

The reason why the tribunal is composed of three Supreme Court justices and six senators is that the issues they are handling also involves politics.

The SET chair released a 35-page opinion over the weekend, rebutting the majority opinion of the five senators who voted in favor of Poe.

In his motion for reconsideration, David through his legal counsel, Manuelito Luna, said the tribunal should reconsider its decision last week dismissing the disqualification case that he filed, adding that the five senators who voted against his case – Loren Legarda, Cynthia Villar, Pia Cayetano, Bam Aquino and Vicente “Tito” Sotto III – all anchored their decision on political consideration.

De La Salle University professor Antonio Contreras, former University of the East Law Dean Amado Valdez, and former Senator Francisco Tatad said in a separate interviews that the SET ruling would not affect their respective cases against Poe.

In their opinions, the five lawmakers explained that, based on customary global law, Poe should be considered a natural-born Filipino despite her being a foundling.

“While we accept foundlings and consider them as citizens, this should not apply to [Ms.] Poe’s case because she is [seeking] the presidency and that’s another matter”, Mr. Duterte said.

David made his appeal even as other petitioners on Monday expressed confidence that their respective cases against presidential aspirant Grace Poe would not be affected by the dismissal of David’s petition against Poe.

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“If it goes beyond December 10 then I will file by then”, he also said.

President Benigno Aquino III and Senator Grace Poe. PHILIPPINE DAILY INQUIRER FILE