Atty. George Erwin Garcia (left), Sen. Grace Poe-Llamanzares鈥檚 legal counsel, with Atty. Pearlito Campanilla (right), Grace Poe Legal Team Media Bureau head. CONTRIBUTED IMAGE
Foes of Sen. Grace Poe-Llamanzares continue to hound her by filing a motion for reconsideration and giving statements to the media despite the overwhelming voice of the Filipino people approving of her running for president as shown in all national surveys and the high court鈥檚 decision to bar the Commission on Elections from disqualifying her in the coming May elections, her lawyer pointed out Thursday.
鈥淭he truth is already right before the very eyes of Sen. Poe鈥檚 detractors, but they refuse to see the truth, and what is the truth? That Sen. Poe is qualified to run for president and that the majority of the Filipino people want her to run as president鈥澛� lawyer Pearlito Campanilla, media bureau head of the Grace Poe Legal Team said in an interview.
鈥淣oteworthy to mention herein that the dispositive portion of the Supreme Court鈥檚 decision on Senator Poe鈥檚 disqualification cases categorically states: 鈥樷�� Petitioner MARY GRACE NATIVIDAD SONORA POE-LLAMANZARES is DECLARED QUALIFIED to be a candidate for President in the National and Local Elections of 9 May 2016..鈥�,鈥� Campanilla said, quoting the decision.
鈥淚n law, the dispositive portion聽 is the most important part of a court鈥檚 decision. It is the investitive or controlling factor that determines and settles the rights of the parties and the questions presented therein. It dominates聽 notwithstanding the existence of statements or declaration in the body of said decision that may be confusing and regardless of the separate opinions of the justices who penned it,鈥� Campanilla stated.
鈥淭here is no iota of doubt that Senator Poe was declared as a qualified candidate聽 by the Supreme Court and unless reverse, we are steadfast to ensure that this information be disseminated to the general public in an undiminished, untainted and unadulterated form,鈥� he added.
鈥淲e chose not to comment on an alleged letter of the esteemed election lawyer Atty. Romy Macalintal, along with all letters/opinions offered by other esteemed legal聽 experts on the disqualification cases of Senator Poe, for there is still a聽 Motion for Reconsideration filed by her detractors that is up to be decided by the Supreme Court,鈥� Campanilla said.
鈥淎lthough it is quite remote that the said Motion for Reconsideration will be granted, technically speaking, the case is still 鈥榮ub judice鈥� or in layman鈥檚 term, under court consideration. The sub judice rule restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.鈥�
鈥淎nyone violating the sub judice rule can be cited for indirect contempt of court under Section 3(d), Rule 71 of the Rules of Court and can be penalized by fine or imprisonment,鈥� he said.