Friday, March 18, 2016

Constitution v. Politics

It’s not about politics, it’s the Constitution

The Supreme Court has finally decided on presidential candidate Grace Poe ruling 9-6 in her favor.  Despite the allegations thrown against her regarding her citizenship and residency as a basis of her qualifications to run for the presidency, the court, ignored these constitutional provisions and allowed still, Senator Grace Poe to finally run in the May election.

Generally, the Supreme Court’s decision is final and binding on itself. However, in my own point of view, I am terribly dismayed with the Supreme Court’s decision. Disregarding the rule of law is the matter at hand here, several debates, moot courts and discussions by legal luminaries have been held in resolving the case of Grace Poe and most of them resulted in negating the contention of Grace Poe regarding her citizenship and residency. Many people looked at the political perspective, but this is actually not about politics, but rather the law itself, the Constitution.

The controversy about Grace Poe’s citizenship and residency is about the law and who is and not qualified to run for president. Under the 1987 constitution, section 2, article VII states that only a natural-born Filipino citizen is qualified to run for president, hence, it is clear and precise. [1] According to Supreme Court Associate Justice Antonio Carpio, “Grace Poe can be considered a Filipino under International Customary Law but only as a naturalized citizen and not as a natural-born Filipino citizen.”[2] I agree with him, based on what I have learned in the Sta. Maria Moot Court Cup, whereas, it was held that Grace Poe is not a natural-born Filipino citizen based on the legal basis presented by the mooters to the panels. SC Associate Justice Carpio also added that, “customary law can be followed so long as it does not violate provisions of the Constitution.” Clearly, there is a violation in certain provisions of the Constitution, particularly, section 2, article VII of the 1987 Constitution. Therefore, Grace Poe is not a natural-born Filipino citizen.

Our Constitution is the supreme law of the land. All political parties, organizations, and people should act in accordance with the Constitution and they should abide by the constitution and laws without any exception. No one is stopping her from running in presidency so long as she meets the qualifications stated in the Constitution. The problem here is that Grace Poe did not satisfy the requirements of her citizenship and her residency in the Philippines but the Supreme Court still allowed Grace Poe to run in the May election, despite her violations in regards to qualifications to run for presidency stated in the Constitution. I believed that the decision ignored the constitutional provisions and was looked in the political perspective of the matter.






[1] CONST., art.VII, sec.2
[2] http://www.manilatimes.net/poe-naturalized-not-natural-born/219972/

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