SC dissent: Poe lacks residency

DANDAN BANTUGAN COLUMN
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In a 70-page dissenting opinion obtained by media reporters yesterday from an insider, Associate Justice Mariano del Castillo said the Commission on Elections (Comelec) was correct in canceling the candidacy of Poe for material misrepresentation on her residency eligibility.

Let’s give way to this development. The report said that Sen. Grace Poe lacks the 10-year residency requirement to run for president, according to a Supreme Court (SC) magistrate.
Del Castillo, along with five other justices, voted to dismiss Poe’s petition seeking to overturn the unanimous Comelec ruling during deliberations on Tuesday.
Del Castillo, whose opinion was initially the draft ruling of the high court until outvoted by a majority of nine justices, rejected Poe’s defense of honest mistake when she entered “6 years and 6 months” in her 2012 certificate of candidacy (COC) for the 2013 senatorial race, which would have made her residency less than 10 years by May 2016.
Del Castillo believes that “these public statements were for the purpose of representing to the general public that the petitioner is eligible to run for president since they were made at a time when she was already contemplating on running for the position.”
“These statements could even be interpreted as part of Poe’s misrepresentation regarding her qualification and eligibility to run for president,” he said. .”
Del Castillo said Poe should have made the correction “at the earliest opportunity before the proper forum.”
The magistrate disagreed with the majority ruling, saying the high court should have concluded that Poe “knowingly made a false material representation in her 2015 COC sufficient to mislead the electorate into believing that she is eligible and qualified to become president (To be continued)
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POSTSCRIPT. Again, the continuation of our interview with Atom Araullo continued last night. Our cell phone almost exploded with text messages from all those who see the Kampanya Serye segment of the TV Patrol last night. Our correction is that the caption was Bohol State University when it should be University of Bohol (UB).. For comments, suggestions and non-violent reactions, just email to [email protected]

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