MANILA, Philippines (3rd UPDATE) – Former senator Francisco Tatad asked the Commission on Elections (Comelec) on Monday, December 28, to enforce its decision to stop Senator Grace Poe’s presidential bid.

In a motion filed through his lawyer Manuelito Luna, Tatad requested the Comelec to cancel Poe’s certificate of candidacy (COC) and to drop her name from the official ballot. He said the poll body should do this if the Supreme Court fails on Monday to issue a temporary restraining order (TRO) on the Comelec’s decision.  

Tatad’s motion on Monday read: “It is respectfully prayed of the Honorable Commission to order its First Division to enforce the decision or resolution canceling the Certificate of Candidacy for President of the respondent Mary Grace Natividad Sonora Poe Llamanzares, if at the close of office hours today, no Temporary Restraining Order or similar writs of restraint is ussed by the Supreme Court against the Commission.”  

This comes as Poe filed petitions before the SC on Monday to stop the Comelec from cancelling her certificate of candidacy. 

The Comelec earlier barred Poe from running over citizenship and residency issues. 

On Monday afternoon, the SC granted Poe’s request to issue TROs on the Comelec’s rulings against Poe.

Comelec Spokesman James Jimenez said this means the Comelec cannot act on Tatad’s motion, for now. 

“At this point, since there is a temporary restraining order against the enforcement of the decision, then obviously we can’t do what is being asked of us, specifically we can’t take out the name,” he said.

Referring to Tatad’s motion, Jimenez added, “Moot would be an apt description because I guess of course the Supreme Court’s order and the effect of that order would have to take precedence over other things.”

Enforcement to become ‘automatic’

Earlier, Luna pointed out that even without Tatad’s motion, the Comelec has the power to bar Poe’s candidacy if the high court does not issue a TRO.

“In special cases such as this one, a disqualification case or a cancellation case, the judgment order resolution of the commission en banc becomes final and executory after 5 days unless restrained by the Supreme Court,” Luna told reporters.

“We are just reminding the Comelec because even without a motion, the Comelec on its own, motu proprio, may enforce its judgment because under the Comelec rules of procedure, a writ of execution is not necessary because the judgment will be enforced [by] the commission itself, particularly the law department,” the lawyer said. 

“So there’s no need for a writ. So the enforcement of the judgment, upon finality, is automatic or by operation of law,” he added. 

Tatad’s motion was among the consolidated petitions the Comelec’s first division considered when it voted 2-1 to cancel Poe’s COC on December 11. Ten days before this, the poll body’s second division unanimously decided to cancel her COC as well.

According to the two divisions, Poe committed “material misrepresentation” when she claimed in her COC that she is a natural-born Filipino citizen and has resided in the Philippines for at least 10 years, two of the requirements for a presidential candidate. 

While Tatad was a former ally of Poe’s father, the late action star Fernando Poe Jr, he is currently an ally of Vice President Jejomar Binay, another presidential candidate. Tatad has since denied that he has any political motives in filing the case against the younger Poe. 

Poe questioned the ruling of both divisions, but the Comelec announced its majority decision to dismiss her appeal to be allowed to run on December 23. 

‘Fate in hands of SC’

Poe remains confident that the high court would rule in her favor, however.

“I am putting my fate in the hands of the Supreme Court.  We remain confident that our justices will protect the rights of foundlings like me to run for public office. We enjoin the public to keep a keen eye on the proceedings and the decision on the case,” Poe said in a statement on Monday.

She said her lawyers have submitted “strong evidence, relevant court discussions and principles, and jurisprudence” that would show that she is a natural-born Filipino with at least 10 years’ worth of residency in the Philippines. 

“My hopes are high that what would be forthcoming is the high court’s prompt correction of the Comelec’s ruling, which would affirm my standing as a candidate for President in May 2016,” Poe added. – Rappler.com