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Comelec has power to cancel Poe’s COC for president: Guanzon

3 February 2016 No CommentEmail This Post Email This Post
The camp of Senator Grace Poe asked the Supreme Court (SC) on Monday (Dec. 28, 2015) to stop the decision of the Commission on Elections (Comelec) that disqualified her to run in the 2016 presidential polls. Poe, through her legal counsel, Atty. George Garcia (in left photo), filed the petition for certiorari and urgent motion for the issuance of a temporary restraining order (TRO) against the Comelec decision. One of the two petitions filed by Poe's camp challenged the Comelec First Division ruling while the second petition assailed the Comelec Second Division ruling. Poe's camp also asked the SC to issue a status quo ante order (SQAO) against the Comelec ruling in order that the name of Poe would still be included in the ballot for the 2016 elections. Photo at right shows Poe's supporters urging the Comelec to allow the lady senator to run for president in the May 2016 polls. (MNS photo)

The camp of Senator Grace Poe asked the Supreme Court (SC) on Monday (Dec. 28, 2015) to stop the decision of the Commission on Elections (Comelec) that disqualified her to run in the 2016 presidential polls. Poe, through her legal counsel, Atty. George Garcia (in left photo), filed the petition for certiorari and urgent motion for the issuance of a temporary restraining order (TRO) against the Comelec decision. One of the two petitions filed by Poe’s camp challenged the Comelec First Division ruling while the second petition assailed the Comelec Second Division ruling. Poe’s camp also asked the SC to issue a status quo ante order (SQAO) against the Comelec ruling in order that the name of Poe would still be included in the ballot for the 2016 elections. Photo at right shows Poe’s supporters urging the Comelec to allow the lady senator to run for president in the May 2016 polls. (MNS photo)

MANILA  (Mabuhay) – The Commission on Elections started its arguments before the Supreme Court on Tuesday, stressing its jurisdiction to cancel the certificate of candidacy for president of Senator Grace Poe.

Commissioner Rowena Guanzon opened the Comelec’s case with the poll body’s power to cancel Poe’s COC after the senator’s camp argued over the past two weeks that it was beyond the Comelec to disqualify the senator from the presidential elections in May.

“The Comelec has jurisdiction to cancel the certificate of candidacy of the petitioner in this case under its constitutional mandate or broad powers to administer and enforce all laws and regulations relative to the conduct of the elections,” Guanzon told the Supreme Court.

“We enforced according to the evidence Section 78 of the Omnibus Election Code. The Supreme Court has recognized the jurisdiction of Comelec to cancel certificates of candidacy in the cases of Ongsiako-Reyes versus Comelec and the case of Gonzales versus Comelec,” she added.

Poe is questioning before the SC the Comelec’s twin decisions canceling her COC for president for alleged material misrepresentation as regards her questioned citizenship and alleged lack of residency.

Tuesday marked the first time the Comelec presented its case before the SC.

The first two hearings before the high tribunal saw Poe’s legal counsel, Attorney Alexander Poblador, present her case before the SC.(MNS)

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