PRESIDENTIAL candidate Senator Grace Poe on Thursday blasted Supreme Court Associate Justice Antonio Carpio for his supposedly selective application of international law, invoking it to defend the Philippines’ claims in the South China but ignoring it in the citizenship cases of foundlings like her.
“This is my question for those pushing to have our territorial integrity over the West Philippine Sea: what [argument] are you using? Also, international law. Even our justices, they are also using the [United Nations Convention on the Law of the Seas] under the UN to defend [our country],” Poe said.
Poe appealed to public officials not to be selective and make a stand for what can be good for the majority of Filipinos.
“If I will be disqualified, how many hundreds of thousands of children who do not know their parents would lose the opportunity to dream?” Poe asked.
Poe noted it is no secret that Carpio’s advocacy is to maintain the integrity of Philippine territory.
“That’s why it’s difficult to say that we can’t respect international law even though we use them as basis in our fight for our territory,” Poe said.
Carpio, chairperson of the nine-man Senate Electoral Tribunal that junked the disqualification case against Poe due to questions on her citizenship, had argued that Poe was not a natural-born citizen because she lost that status when she became an American citizen.
Aside from Carpio, other SET members who voted against Poe were Associate Justices Teresita Leonardo-De Castro and Arturo Brion, along with Senator Nancy Binay.
But they were outnumbered by the five senators who voted against the disqualification on the grounds of international law on foundlings.
The camp of Poe argued that being a foundling, the lady senator is a Filipino citizen from birth and does not have to go through a naturalization process to become a citizen.
They also underscored a long-standing presumption and principle of customary international law that a foundling is considered to have been born in the state where he or she was found and from parents of that country’s nationality.
The legal presumption that foundlings are natural-born Filipino citizens, they said, is the reason why Poe need not go through the naturalization process.
“They are saying that in our country, it does not literally say that a foundling is a Filipino. Their only bases are the international treaties. Our Constitution also says that internationally accepted principles of law should be part of the law of the land. But they say it does not mean that because it’s international law, you have to do something,” said Poe.
Her runningmate, Senator Chiz Escudero said Carpio, De Castro and Brion can no longer participate when the SET ruling is elevated to the Supreme Court, citing a violation of due process.
Escudero argued that it would be a violation of due process if the three justices who voted to disqualify Poe will also review any appeal that may come before the high court regarding Poe’s citizenship.
“The three justices, if we look at the procedure, precedents and practice, they cannot participate in the appeal of the SET decision because they cannot review their own decision. That is a violation of due process,” he said.
Poe also said she elated with the results of the latest Pulse Asia survey where she remains the No. 1 choice of Filipino voters among presidential candidates.
“I am grateful that despite what happened, our countrymen continue to trust my intention and sincerity,” said Poe who got 39 percent. She was followed by Vice President Jejomar Binay with 24 percent, resigned Interior and Local Government Sec. Mar Roxas 21 percent and Senator Miriam Defensor-Santiago, 11 percent.
Escudero is leading the vice presidential race with 43 percent. Next to him are Senator Bongbong Marcos with 21 percent, Senator Alan Peter Cayetano 11 percent, Camarines Sur Rep. Leni Robredo 7 percent and Sen. Antonio Trillanes 6 percent.