Monday, October 19, 2015

Poe's Lawyer George Garcia uses word gymnastics to hide poor legal argument

In responding to another disqualification case filed by no less than former Senator Francisco "Kit" Tatad against Senator Grace Poe-Llamanzares, the beleaguered senator's electoral lawyer George Garcia can only mutter these lines (re-quoted from the PDI)

“Every Filipino has the right to avail of the remedies afforded by law. The former senator is entitled to his opinion and we will respect that. In the end, the rule of law prevails and the vibrancy of our democracy is sustained,” Poe’s counsel Atty. George Garcia said in a statement.
“It is, however, our position that all the requirements to seek for higher office have been met by Senator Grace Poe,” he added.(Read more: Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook)

WHAT? "in the end, the rule of law prevails and the vibrancy of our democracy is sustained" is what Atty. Garcia said as a counter from Tatad's disqualification case.

I think it is precisely the argument of the Rule of Law that Tatad filed his, a week after the last day of filing of the COC. Earlier, Atty. Elamparo, former legal counsel of the GSIS, filed a disqualification case against Poe.

Whatever word gymnastics Garcia does, his will just be thrown to the garbage bag. No amount of fancy tie would hide Garcia's fears and his immaturity in this case. Garcia knowst hat his client will eventually lose this.

Worse, Poe stands to lose not just her post at the Senate---she would be barred perpetually from running for any elected post in the land.

The case is as clear as day---the CONSTITUTION requires a candidate to be "natural-born" and did not do anything to re-acquire any citizenship and did not renounce one's Filipino citizenship. When Poe accomplished her COC, she already violated our laws because even she claims to be a "founding" (anak sa buho)---a status that is not cured by any law.

What the law states that when a child is considered a foundling, the status of citizenship is given, yet it is not enough to consider one natural born because there are just two means on acquiring Filipino citizenship--being born of Filipino parents (jus sanguinis) or doing an act to acquire like when one is adopted by Filipino parents.

Poe-Llamanzares was adopted and therefore, needed to do an act to acquire citizenship.

Her status as a foundling never changed. However, she assumed the status of "Filipino" when she was adopted by FPJ and Susan Roces. So, it is clear. The law is not ambiguous.

And pardon me, there is nothing "sinister" about the acts of David, Tatad and Elamparo. They are just doing what is expected of them---howl when they see injustice.

Poe-Llamanzares is really in deep trouble.