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Dissenter in Poe case opts out of en banc

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THE only elections commissioner who has voted in favor of Senator Grace Poe so far will inhibit himself from the en banc hearing of petitions seeking her disqualification from next year’s presidential race, a spokesman for the Commission on Elections said Monday.

Senator Grace Poe

In an interview, Comelec spokesman James Jimenez confirmed that Commissioner Christian Robert Lim would inhibit himself from the en banc hearing because the petitioner, Estrella Elamparo, used to be an associate in his law firm.

Last week, Lim had voted against the disqualification of Poe when the 1st Division he heads heard three separate petitions filed against Poe. Two other commissioners in the division, however, voted to disqualify her and cancelled her Certificate of Candidacy for the presidency.

Earlier, the 2nd Division heard Elamparo’s petition and voted unanimously to disqualify Poe as well on the basis of her residency and status as a natural-born citizen.

Poe has filed a motion for reconsideration to the Comelec en banc to reverse the 1st and 2nd Division decisions.

Jimenez said the Comelec en banc might consolidate all four petitions filed by Elamparo, former Senator Francisco Tatad; De La Salle University professor Antonio Contreras; and University of the East Law Dean Amado Valdez, as soon as they receive the motion for reconsideration from Poe’s camp. 

It might also decide the two cases separately, he added.

“That’s really the call of the en banc,” he said.

The Comelec commissioners conducted a special en banc session Monday after failing to reach a decision on Wednesday.

On Monday, Comelec chairman Andres Bautista said that the commission en banc has yet to come up a decision about Poe’s case.

But in a radio interview, Bautista said they may release a partial list of candidates to be included from the official ballot for the election next year.

He said that from the original Dec. 15 deadline, the Comelec may release the final list of candidates in the first week of January.

He also said there would be no decision on the Poe cases until Tuesday.

Bautista also said he has not voted on any of the Poe cases yet, because these were heard by the 1st and 2nd divisions.

Before setting up his own firm, Lim was with the Carpio Villaraza & Cruz Law Offices.

He was also one of the lawyers of the 2010 Aquino-Roxas team, and some reports suggested that the Liberal Party standard bearer Manuel Roxas II had pushed for Lim’s appointment to the Comelec.

Two weeks ago, Poe’s running mate, Senator Francis Escudero, said Elamparo had links to Roxas because she handled the case of Defense Secretary Avelino Cruz, a friend of the LP standard bearer.

Escudero also said Elamparo was also connected with a firm, which he said was used by Cruz when he filed a case against former associate Pancho Villaraza.

Elamparo denied the accusations, however, and said she did not know Cruz.

A top Liberal Party official Senate President Franklin Drilon urged the Comelec to quickly decide the pending disqualification cases against Poe and another presidential candidate, Davao City Mayor Rodrigo Duterte.

“Chairman Bautista should fulfill his patriotic duty and lead the Comelec in immediately providing a fair resolution to the petitions,” Drilon said.

The early resolution of the petitions at the Comelec would give the Supreme Court enough time to review the cases and render a final verdict, Drilon added. With Macon Ramos-Araneta

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