READ: SC justices explain votes on Grace Poe case

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READ: SC justices explain votes on Grace Poe case
The Supreme Court declares Senator Grace Poe qualified to run for president in the 2016 elections, but not a few justices disagree with this decision

VICTORY AT SC. The Supreme Court declares Senator Grace Poe qualified to run for president in the 2016 elections. File photo by Ben Nabong/Rappler

MANILA, Philippines – Presidential candidate Grace Poe may have won in the disqualification case against her at the Supreme Court (SC), but not a few justices disagreed with this decision. 

The 6 justices who voted against Poe are Antonio Carpio, Teresita Leonardo-de Castro, Mariano del Castillo, Arturo Brion, Estela Perlas-Bernabe, and Bienvenido Reyes. (READ: Supreme Court allows Grace Poe to run for president)

Among the dissenters are 3 members of the Senate Electoral Tribunal who also voted against the senator in a separate disqualification case – Carpio, Brion, and De Castro.

The majority who voted in favor of Poe, meanwhile, includes 9 SC justices: Chief Justice Maria Lourdes Sereno, newly-appointed Associate Justice Benjamin Caguioa, Presbitero Velasco Jr, Diosdado Peralta, Lucas Bersamin, Jose Perez, Jose Mendoza, Marvic Leonen, and Francis Jardeleza.

The SC in its 47-page main decision said there is “more than sufficient evidence” that Poe is a natural-born Filipino. In addition, foundlings enjoy the presumption of being natural-born under domestic and international laws – laws that do not permit discrimination against foundlings. 

The SC also agreed with the senator’s claim that she has met the 10-year residency requirement for presidential candidates. 

Perez is the ponente of the case; Peralta concurred with Caguioa’s separate concurring opinion, while Reyes concurred with Perlas-Bernabe’s dissenting opinion.

Justices Bersamin and Mendoza, who both voted against Poe, likewise did not give their dissenting opinions.

Below are the concurring and dissenting opinions of 10 SC justices. 

Concurring opinions

Sereno

Concurring Opinion of Chief Justice Maria Lourdes P. A. Sereno

Velasco

Concurring Opinion of Justice Presbitero J. Velasco, Jr.

Leonen

Concurring Opinion of Justice Marvic Mario Victor F. Leonen

Jardeleza

Concurring Opinion of Justice Francis H. Jardeleza

Separate concurring opinion

Caguioa

Separate Concurring Opinion of Justice Alfredo Benjamin S. Caguioa

Dissenting opinions

Carpio

Dissenting Opinion of Justice Antonio T. Carpio

Brion

Dissenting Opinion of Justice Arturo D. Brion

Del Castillo

Dissenting Opinion of Justice Mariano C. Del Castillo

Perlas-Bernabe

Dissenting Opinion of Justice Estela M. Perlas-Bernabe

Separate dissenting opinion

De Castro

Separate Dissenting Opinion of Justice Teresita J. Leonardo-De Castro

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