See - Officers of the court, explain the court! (rappler.com)
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Future case?
But there is something more ominous in respect to the case of Grace Poe, because if the issues of nationality and residence have not been definitively resolved – as the IBP statement usefully points out — then these can be raised, should she be elected, in a proper action before the Presidential Electoral Tribunal in appropriate proceedings, presumably, quo warranto.
There is something very strange here. If the Court arrived at an agreement – insofar as numbers go – that the Comelec had gravely abused its discretion in disqualifying Poe, but could not agree on the issue of her nationality and residence – the very grounds for disqualification – what then was the basis for the finding of “grave abuse of discretion”?
COURT VICTORY. Senator Grace Poe at the Supreme Court. File photo by Rappler
It will be remembered that that magical phrase – “grave abuse of discretion” – has a determinate meaning: not mistake, not error, not even abuse of discretion, but abuse so wanton, so glaring, so whimsical, so despotic as to amount to a perversion of fair play and due process!
The following then is a summary of the Court’s position — as interpreted by the IBP: Go ahead, Ms. Poe, run for the presidency. Should you get elected, we will listen once more to the arguments for and against your disqualification on the grounds of nationality and residence. Then, we shall decide whether or not you are qualified.
If that is so, that is one compelling reason for not voting her to office: the distinct possibility that we shall be electing one to the highest office of the land who is not qualified to hold office! – Rappler.com
The author is Dean, Graduate School of Law, San Beda College.
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