Comelec disqualifies Poe from presidential race

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Sen. Grace Poe

Metro Manila (CNN Philippines) — The lawyer of Sen. Grace Poe confirmed on Tuesday (December 1) that the Commission on Elections (Comelec) granted a petition of lawyer Estrella Elamparo to cancel the senator's certificate of candidacy (COC) for presidency in the 2016 elections.

George Garcia told CNN Philippines that the poll body's Second Division granted Elamparo's petition to "deny due course" to Poe's bid for the highest post of the land.

The 34-page resolution stated that based on the Constitution and jurisprudence, Poe committed material misrepresentation when she filed her COC for president.

Copy of reso.png The Second Division's resolution dated December 1, 2015  

Elamparo was the first petitioner who sought Poe's disqualification from running for the presidency last October 16.

Related: Poe faces another disqualification bid

Related: Poe's disqualification cases have basis – Santiago

The lawyer from Makati argued that, even if Poe could eventually prove that her biological parents were Filipinos, the fact that she gave up and then reacquired her Filipino citizenship made her not a natural-born citizen of the Philippines — which is one of the requirements for those running for president.

Poe regained her Filipino citizenship in July 2006, therefore making her a citizen of the country from that time on — and not since birth — Elamparo maintained.

Elamparo also argued that Poe was two months short of the 10-year residency requirement come May 2016.

Aside from Elamparo, three other petitions had been filed at the Comelec — one after the other — seeking to disqualify Poe from the presidential race.

Poe is also facing a disqualification case at the Senate Electoral Tribuna (SET) and another at the Comelec, both filed by Rizalito David who seeks to unseat her from the Senate.

Related: David: I challenge Poe to prove me wrong

'This is not the end'

Meanwhile, Poe issued a statement expressing disappointment over the ruling. She, however, added that the legal battle was not yet over and she would continue the fight in behalf of other foundlings.

Poe also insisted that she was a natural-born Filipino and had completed the 10-year residency requirement to run for the presidency.

An appeal with the poll body — and eventually with the Supreme Court — will be the next course of legal action.

"I have faith in the process, and we are confident that the Comelec en banc will side with the interest of the people," Poe said.

Related: Poe confident over SET case but to appeal if disqualified

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