Just my opinion
By Raïssa Robles
Here’s something odd about the adoption process of Sen. Mary Grace Poe. The legality of her adoption is based partly on a Martial Law era newspaper that does not seem to exist.
From the little I know of the adoption process, a notice in a newspaper has to be published several times about any impending adoption in order to give any contesting party a chance to react. Failure to do so could invalidate the entire process.
Among the documents that Poe submitted to the Senate Electoral Tribunal was an order by a judge awarding the adoption of Mary Grace Natividad Contreras Militar to Ronald Allan Kelley Poe and Jesusa Sonora Poe.
The judge’s order contained the following paragraph [underlining mine]:
That the order, setting the hearing of this case on March 29, 1974 was published in the “Tribune,” a newspaper of general circulation in the City of Manila, and likewise in the Philippines, once a week for three consecutive weeks on March 3, 10, and 17, 1974, as evidenced by the Affidavit of Publication, executed by the Publisher of the Tribune, marked as Exhibit “A”; that the minor, Mary Grace Natividad Contreras Militar, was born on September 3, 1968, as evidenced by the Certificate of Live Birth, marked as Exhibit “C”; that the foundling parents of the minor Emiliano Militar and Rosario Militar gave their consent to this adoption marked as Exhibit “D”; that the petitioners Ronald Allan Poe and…”
This judicial document approved the adoption. The section that I noted said the notices of Grace Poe’s impending adoption were –
published in the “Tribune,” a newspaper of general circulation in the City of Manila, and likewise in the Philippines, once a week for three consecutive weeks on March 3, 10, and 17, 1974, as evidenced by the Affidavit of Publication, executed by the Publisher of the Tribune, marked as Exhibit “A”…
You see, I don’t recall a newspaper called the “Tribune” – which this document described as “a newspaper of general circulation in the City of Manila, and likewise in the Philippines” – existing during Martial Law. There was a Tribune before the Second World War but I don’t remember any newspaper called the Tribune in the mid’70s.
The year 1974 was the height of Martial Law. You could count the number of newspapers that were allowed to publish at that time. I remember the Times Journal Group, the Daily Express Group, the Bulletin Group, but I don’t recall a nationally circulated newspaper called the Tribune being published at that time.
Knowing I might be wrong, I asked veteran journalist-publisher Vergel Santos if he ever recalled the Tribune – which the court document said was published nationwide – during martial law.
Vergel also didn’t recall the Tribune. Someone who would know, he told me, would be Francisco Tatad, who was the Public Information Minister then, and who had to approve and certify the publication of all newspapers, tabloids and books during that time.
Tatad had refused to talk to me since the trial of former Chief Justice Renato Corona. So that’s out.
Can anyone else say if there was a Tribune newspaper being published in 1974 during Martial Law?
If it didn’t exist, why use a fictional newspaper to put up a notice for adoption? If it did exist, then the newspaper itself showing the notice of the court hearing on her adoption would be the best proof.
This is really getting curiouser and curiouser…
Now, to those asking, why bring this up at all? Because before Grace Poe said she was a foundling, there was a perception among those who went through Martial Law that she was the dictator’s daughter.
Personally, I have no problem with that, provided she discloses how she feels about burying the dictator in Libingan ng mga Bayani and about all those ill-gotten wealth cases the government is still prosecuting. I publicly asked about the Libingan ng mga Bayani question months ago and even coursed the question through her chief-of-staff Nelson Victorino. Until today, I have not received any answer.
Here is a screencap of the judge’s order on Grace Poe’s adoption:
Here is the pertinent section of the judge’s order.
You can find the entire document here –
inquirercet says
Here’s my theory… She was born in the USA of Filipino parents, Marcos or not is not relevant. Being born there, she had the option of choosing to be American when she turned 18. This is why they only say that she became an American “early” in her life. Bakit ayaw nilang sabihin kung ilang taon siya noong naging American siya?
Choosing to be American this way is similar to being a natural born American by the way… Kaya puro fake ang filipino birth certificate ng babaeng ito ay dahil american issued ang original birth certificate niya!
M C says
If Kit does not want to speak with you, try looking for the guys in the office of Greg Cendana before. They should know the publications allowed to continue their trade. Or you can ask Satur who his buddies were at the NPC those years coz they should know the press people of Tribune, if ever there was one.
junie garcia says
Tatad, in today’s interview at Karen Davila’s morning program, also made mention of the defect in the adoption process of Grace Poe, which may render the same invalid. He said this can be the subject of a different case.
kalakala says
from gmanews.tv
DNA SAMPLES EXTRACTED
Bodies of Grace Poe’s possible biological parents exhumed in Guimaras
Published December 30, 2015 2:16pm
moonie says
for exhumation to go ahead, guimaras family must have given consent. fees must be paid. there must also be doctor’s certificate, health permit given that said it is safe to exhume the dead, that no lingering calamity or dormant contagious diseases will get revived once exposed to outside air, while the exhumation process is going on. else, grave diggers will be endangering their lives as well as those present.
if the remains of the dead guimaras are past well beyond measures, dna might be too downgraded, contaminated, and not useful. he, he, he, they might get the dna of the dead worms that had came to visit the once newly dead and buried. well, lab techs know what to look for.
okay, if grace’s dna does not match with the guimaras, will grace please stops fooling around and get straight to bottom line and get susan’s dna?
junie garcia says
She will do and say anything to be in the public’s eye. That’s all there is to this circus.
Rene-Ipil says
The (IL)LEGAL STRATEGY.
I surmise that eventually GPL would get a positive DNA from a relative either of Rosemarie or Ferdie. But that would not matter anyway. To become NBFC the constitution requires that GPL’s father or mother must be a Filipino citizen.
Assuming that Rosemarie and Ferdie (RF) are GPL’s biological parents, a positive DNA from people other than RF would at most indicate blood relations between GPL and RF. But positive DNA from same people would NOT be conclusive evidence as to the parentage of GPL. A negative DNA would be CONCLUSIVE evidence of lack of blood relation.
So even if GPL gets a positive DNA from Bongbong, it would not be conclusive that Ferdie was her father. Because it is entirely possible that one of Bongbong’s uncle or cousin could be GPL’s father whose citizenship at GPL’s birth could be alien. Meaning that only a positive DNA test from Rosemarie or Ferdie would establish GPL’s NBFC.
In the same vein, a positive DNA from Sheryl would only establish that she is a relative of GPL either in the mother’s or father’s side of Sheryl. An uncle or auntie maybe.
My point is that all these DNA tests of people other than RF are useless if GPL’s parents are truly RF. Because if Ferdie is really GPL’s father she would get a positive DNA from Fidel Valdez Ramos who is a cousin of Ferdie. That would not make FVR nor Ferdie GPL’s father conclusively. It merely indicates that GPL have Filipino blood like a Fil-Am whose grandparents were formerly Filipinos. But that would be enough to convince the biased justices to vote in favor of GPL.
ITIGIL NA ANG PANLILINLANG SA SAMBAYANAN.
moonie says
he, he, he, rene-ipil, I would have to kill fidel ramos soonest, so he can be exhumed too.
I think, court is looking at jus sanguinis angle.
Ancient Mariner says
@Raissa et al. I came across this site and have not seen it mentioned here. It was last updated on 2002 but contains a wonderful insight into the Roces family involvement in newspapers and publishing along with a history of publishing. Visit the guestbook which is more like a forum.
http://www.rocesfamily.com
If the link does not work it is not hard to find the site.
Ancient Mariner says
Try http://rocesfamily.com/sm2002/rocesphils/introduction.htm
or
type roces family publishing in your search engine.
Enjoy
amado dumaguin says
what are we doing here?…stirring the hornet’s nest for whom?…whatever you’re plans are, you will never succeed…stop these kinds of mudslinging in the guise of searching for the truth…let us not be goaded by the self-serving motives of these so-called patriotic journalists…let us be observant and be aware of the background of these journalists so that we will not be blinded by their intentions….
raissa says
bakit hindi mo na lang ako diretsuhin.
out with it.
JoeAm says
I find amado’s remark rather consistent with the general attitude of Senator Poe herself. Institutions, whether they be journalism or COMELEC or Cabinet secretaries, or even Supreme Court justices, are deserving of condemnation if they do not abide by the Senator’s wishes.
I’ve defended her in the past, pertaining to parentage, but it is hard to support such ideas that run contrary to the whole foundation of democracy. Either she (and her supporters) “don’t get it”, or they are downright scary and dangerous.
parengtony says
The most polite way I can characterize this JoeAm comment is “sweeping generalization”.
Comelec comissioner Rowena’s official and unofficial pronouncements that Grace Poe is a liar is deserving of condemnation for the same reason – nothing but a sweeping generalization – and not because ” they do not abide by the Senator’s wishes”.
Let us stick to the real issues and let us provide factual bases and specifics.
JoeAm says
Well, the facts are shaded by our principles, and I agree mine are likely different than a lot of people in the vicinity. We could take her stand to criticize rulings that go against her in personally demeaning terms (COMELEC) whilst haling those for her (SET), or her failure to support DOJ on INC, or her failure to recognize what a Commander in Chief does (Mamasapano), or her stepping on DFA’s turf in her blunt remarks to the US ambassador, or failure to respect the Ombudsman (Abaya not indicted). Perhaps there are others, but those are some of the specifics.
My remarks aren’t “sweeping generalizations” as much as conclusions from having watched her decision-making. As you will recall, long ago, I defended the Senator against the idea she should be judged according to her parentage, but based on her deeds. Her deeds to me reflect nothing but bad decisions, and SHE wants to be judged based on the accomplishments of her dead foster-father, Fernando Poe.
Go figure.
JoeAm says
I’ve never called her a liar. I do think she makes really bad judgments and decisions.
Irineo B. R. Salazar says
http://filipinogerman.blogsport.eu/riding-the-tiger/ – my article says it all in the to-do part:
Effective justice. Rules should be clear and simple, and imposed impartially and without delay. Not what they have been so very often – used to favor one’s own group and screw others.
Now Poe’s supporters blame Roxas and Binay for doing what I described. Well, that has been the way the Philippines often was: overlook, cover up or rationalize own mistakes and screw the others using the rules as a weapon. The evidence that Binay is behind some of the stuff against Poe is there, while there are at most INDICATIONS that the Roxas camp is against her – some personal connections of COMELEC people to LP and Roxas that may or may not play a role.
This all has colonial and post-colonial roots… my group against the others… and Poe may just be assuming that everybody else is exactly like her in thinking. Binay most probably is. Roxas may or may not be, if he is then he is much better at covering it up than all the others.
Well, finally the old Filipino adage may be most true in this situation: remember that if you point at someone else, three fingers point back at you.
Irineo B. R. Salazar says
As for her opportunism, it may not be a big deal to many Filipinos. Many are opportunists.
Very many still do it out of necessity. Kapit sa patalim, clinging to the edge of the knife.
Others simply have attitudes carried over from their own folks “getting by” in hard situations.
JoeAm says
I think all of politics is opportunism, so that is to be expected. But the world today is populated by social media gunslingers who don’t really seem to care much about protecting what I call “institutions”, which is one part organization and one part principle. The Catholic Church is an institution that has an organization and a morality. Free speech is an institution because it is a morality that a whole world buys into. So when Poe backers arrive here and attack “journalists”, I’d say they are not respecting the institution of a free and open press. Just as the Senator appears not to respect the institution of justice (DOJ) or independent elections (COMELEC) or clean governance (Ombudsman).
JoeAm says
I would also say that when Parengtony advises me to “stick to the real issues”, that is getting very close to the point of not respecting free speech. I do not have to say things the “right” way. I can use sweeping generalizations (my conclusions) and Parengony can present the opposing facts, if that is important to Parengony . The tendency to criticize/blame is rampant within the Poe organization, and respect for others/institutions is sorely lacking. Holding self accountable to principled behavior seems lacking.
The Senator sets the standard and her followers follow..
moonie says
joe, it’s in parengtony’s best interest if you stick to the real issues. he’s miserable and will throw tantrum if you wont, he, he, he.
3rdcousintwiceremoved says
:)))
Crichton Prime says
Ha ha ha ha !!!
pelang says
The question should be, what are you doing here? We’d been here a long time. You don’t tell us what to do and say.mit’s a free country.
moonie says
apparently, amado dumaguin is not happy we dont share his onerous view. too bad, he cannot shot all of us here in cyber space.
amado, tell your grace to have her dna tested against that of susan’s, she might just solve her presidential problems.
vander says
gustung-gusto ni grace.
pero ayaw ni madam susie.
kasi nga ipinagsigawan na niya: ang sinungaling ay kapatid ng magnanakaw!
hahaha.
haharap ba siya sa salamin at isisigaw itong muli?
hehehe…
moonie says
aba, maruja duddette is multi famas best actress awardee, surely she can stare down her own reflection in the mirror! easy, peasy. no skin off her nose. charity begins at home, maruja duddette ought to be charitable to her own daughter and help solve daughter’s problem. maliban na lang kung pinagsabihan si maruja na, keep out of this!
BFD says
On Rizal Day topic,
Some say that the Americans picked Rizal to be our national hero because of his pacifist inclination….
But reading a paragraph from the history of Luneta written for the Government, it was Aguinaldo who first promulgated the celebration of Rizal Day.
http://www.gov.ph/rizal-monument/
Thus whether in the trappings of Catholicism’s veneration of the saints, or transmogrified into Brown Christ, Filipinos were inclined—thought it only right—to give Rizal the honor that he was due. Where folk religion was, the First Republic in its quest to achieve an identity would in turn decree worthy veneration: On December 20, 1898, Aguinaldo issued an edict designating December 30 of every year as a “national day of mourning for Rizal and other victims of the Spanish government, throughout its three centuries of oppressive rule.” Ten days later, Filipinos as citizens of a nation commemorated Rizal Day for the first time.
moonie says
my understanding is that americans are superb product endorsers. the product, jose rizal, is already there, the potential is there. and the americans give dr jose rizal nationwide exposure, enlarging on the exposure aguinaldo has given jose rizal.
Sup says
Let us give some ”belated” Christmas gifts to the 70 year ”young” presidential candidates?
Hoverboard will do..
:-)
http://www.sbnation.com/lookit/2015/12/29/10683904/video-mike-tyson-hoverboard-fall-lol
GO RORO !!!!
chumangong says
Just wanna say, all these scenarios have some believability. If she is the daughter of Marcos and Rosemary, the one I think would not want that out is Imelda, because in the book Lovey Dovey (about Dovey Beams whom Marcos had a two year relationship with) Marcos always said he wanted a child with Dovey but he would not be able to recognize the child as his own. Dovey eventually feared her safety when Imelda seemed to get ideas. People feared Imelda like she was a loose cannon or a stack of stud missiles, it seemed. This is why we only found so many years after his death about his daughter in Australia, and why the four children with Carmen Ortega were never recognized even as half brothers.
At the same time, it is also possible that she was a foundling in a church. That is because Filipinos are such strong Catholics, they will go to the church to drop the baby off, thinking it’s the safest place. I even know of a couple who came back home from work and found a baby on their bed with a note. And this became their child. Another story is of a baby that was dropped in front of a friend’s home (she’s very wealthy). The child is now working and is an adult. So these foundling scenarios are all so credible and happen more often than we realize. Another thing — the Philippines doesn’t have a record for perfect compliance with government documents. In my 20s I had to go to the government office to look for my birth certificate. It wasn’t there, but somehow I had a baptismal certificate. However, my name on the certificate was completely different from my real name. We had to make an affidavit stating that the name on the baptismal certificate was the same person as myself. Filipino documents are often nonexistent or incorrectly filled, if at all.
raissa says
Honestly, I did not know she was a foundling until she said it.
Rene-Ipil says
It was only on February 2, 2013 that the public came to know that GPL was a foundling upon showing in TV of “Sanggol” – a Maalala Mo Kaya episode of ABS-CBN. The same TV show promoted the candidacy of GPL as senator in May 2013. By that time GPL knew that as a foundling she would not qualify as a senator which position needed a NBFC. That her citizenship could be questioned later on.
But she also knew that the time to question her qualification as a senatorial candidate had expired a couple of months ago. So that her qualification could be questioned by quo warranto only after her proclamation as senator. Indeed Rizalito David did just that by filing a petition for quo warranto before the SET.
GPL knew that she was really NBFC and determined to become a senator to the extent of publicly admitting her true maternal lineage when necessary. Her paternal linkage had already assured the support of Marcos’ family and lackeys such as Erap, Escudero, Ongpin, Danding, Lucio, etc.
I believe that during her senatorial campaign the presidency was still out of her mind. In fact, winning a senatorial seat was still uncertain at the time. But after topping the 2013 senatorial race, GPL set her journey to the presidency. Until GPL’s intricate web of deceptions and lies trapped her into losing the senate seat and the presidency. For now.
The 2022 election beckons. By that time GPL would have gathered enough residency and proved beyond doubt that she is in fact NBFC.
junie garcia says
GPL will be barred from seeking public office so that’s the end of her political dream.
Rene-Ipil says
But come 2022 GPL ‘s popularity would be a thing of the past, I guess.
moonie says
by 2022, grace will meet stronger, more consolidated and powerful political enemies. people will be more knowledgeable then, more formidable. better armed and better equipped.
M C says
Wala ba budget mga networks o ibang kandidato para padala tao sa aremika o magbigay pabuya sa mga pinoy sa aremika para matagpuan si Rosemarie at tanungin sya diretso kun anak nya si Grace? Kun lumipat man ng iba bansa, I am sure there will always be Filipinos there who can spot her buying groceries or walking her dog.
raissa says
good sugggestion
chumangong says
Well, I think the one who would have reservations if it were true, is Imelda Marcos. She will not agree to have a child who is not her own to be president, much less an anak sa labas. She would only agree if it were BB. So my feeling is, if it’s true, it has been kept a secret all this time because of an agreement. I do not exclude fear, because in the book Lovey Dovey, Potenciano was so scared of Imelda and Dovey had to get protection in the US Embassy and her gardener was killed. Her gardener!!! Is it possible to have a female Duterte far more reckless than himself, who has the power to act on her compulsions?
That said, I know what it’s like to grow up with secrets. I know that parents keep certain family secrets and children grow up hearing vague references but never hearing the complete truth until they are very, very old. So I would believe that while Poe may be the daughter of FM, she may never have really known if it were true. But I think she might know by now. However, this is mere speculation. Who am I to say?
Also, why would she be loyal to someone who never acknowledged her? I don’t think there is a Marcos connection insofar as her political agenda (which I would very much like to know as well) is concerned. I think she has ideas of her own, and she loves FPJ as her true father. As for Rosemary Sonora, I doubt she would do any DNA test at all. After all, the Australian lady had a comfortable income for her silence regarding Marcos’ child. That may well be true with Rosemary as well.
moonie says
‘grace loves fpj as her true father’, posthumously, marahil, palagay ko. showed how much she loves him after his death, but when he was alive and in need of much tender loving care, grace was nowhere. after election sa 2004 when fpj lost to gma, bumalik si ‘walang iwanan’ grace sa america, iniwan ang tatay na ubod ng lungkot, depressed and without friends. the friends he thought he had, nawala, leaving him alone to face his failure of a demon. da king, much admired by the populace, tinalikuran ng madla, his own daughter included.
grace did not offer to take fpj with her to america, take him away from the scene of his failure, give him a much needed time off. him and susan to have a vacation sa america instead of staying in the phil where da king can see his traitorous friends happily celebrating gma’s victory, jockeying for position in her admin. da king died 4 months after election defeat, at saka na lang bumalik si grace. and because of looming presidential election, she truly loves her dead father now.
vander says
e di ba sabi nga very independent daw ito?
kaya lumisan, lumayo sa nag-ampon?
pagbalik ay mahal na mahal pala naman nito?
pagmamahal sa patay na..
huwaw!
chumangong says
How do you know all this for sure?
chumangong says
FPJ died suddenly due to an aneurysm, if I recall correctly. It’s like living with a time bomb in your brain and you have no idea whatsoever until it explodes. So You are wrong to say she abandoned him. He was healthy and then died suddenly.
raissa says
Where did i post that she abandoned him?
chumangong says
I’m referring to Moonie
raissa says
Oh, ok.
moonie says
chumangong, it was noted that fpj died of heart attack, and now of aneurysm?
if you must know, you would know if you got aneurysm in the brain, dahil you’ll get humongous headache, incapacitating you in doing your day to day activities, a body’s warning alerting you that you really must go and see a doctor. aside from napakasakit na headache, aneurysm in the brain will most likely give you double vision, you wont be able to drive a car, or see things clearly. and you’ll end up walking into walls, missing your steps and of falling down stairs. your spatial recognition will be badly impaired.
pain caused by aneurysm mostly do not respond to pain killers such as neurofen. and cannot be relieved by ordinary pain killers, prompting you again that you really must go and see doctor. the earlier, the better.
it may not be that people die suddenly of aneurysm. the human body is such that it gives ample warnings, and present symptoms too hard to ignore. but if you continue to ignore symptoms and pretend they are not there, and you refused to see doctor, then full blown aneurysm will come at a time of its own calling. you maybe inconvenient if you’re lucky, dead if unlucky.
then, you’ll be exhumed and your dna harvested, he, he, he.
moonie says
it’s only in the movies that people die suddenly.
in real life, even if shoot in the heart or in the brain, it’s hard for the body to die suddenly. god equip the body with mechanism that enables the body to fight for its own survival. in case of fatal gunshot wound, the body will try it damned best to save itself by slowing down vital activities as breathing. shallow breathing and respiration for at least the next 30minutes or so, until medical help and intervention comes along. some lost consciousness but may still be alive.
in the meantime while waiting for help, the body may try to create clot to plug gunshot wound, blood coagulate to stop itself from oozing out. long story. god knows the full story but is keeping quiet.
Crichton Prime says
Aneurysim or not, Grace was not there to console a father severely depressed from having lost the presedential election.
vander says
he died of severe sadness at kahihiyan sa pagkatalo.
yun pa nga, hindi pa nasamahan ng ilang mahal sa buhay sa oras mismo na kailangan ang kalinga.
sayang, marami pang kagila-gilalas na pelikula at pantasya ang sana’y magiging bahagi ng mmff.
ilang box office hits pa sana ang malilista sa ating pbo?
chumangong says
Moonie, Crichter, Vander,
According to the NY Times,
“MANILA, Tuesday, Dec. 14 – Fernando Poe Jr., the action film star and presidential candidate who refused to concede the election in May, died early Tuesday after suffering a stroke. He was 65.
“Mr. Poe died in St. Luke’s Hospital, where he was rushed late Saturday after complaining of dizziness while dining and drinking with friends.
“He later slipped into a coma and died just after midnight, said his doctor, Abdias Aquino.”
Link: http://www.nytimes.com/2004/12/14/world/asia/fernando-poe-jr-65-philippine-actorpolitician-dies.html?_r=0
So, he was rushed LATE SATURDAY to the hospital, and died JUST AFTER MIDNIGHT. Grace Poe is supposed to ask Superman to taker her there on time?
NHerrera says
THE PANIC OF POE’S CAMP OR POE’S “SLIP” IS SHOWING
1. In the SET case for the disqualification of Poe as Senator, at the very start, the residency issue was laid aside because clearly Poe met the Constitutional requirement of residency for a Senate candidate in the 2013 election. Only the issue of natural-born citizenship was discussed. Poe won that case with the SET voting 5-4, all three SC Justice members — Carpio, Brion and de Castro — voting with the minority.
2. As is the practice, Justices Carpio, Brion and de Castro announced they will inhibit themselves when this SET case is brought to the SC.
3. In the two Comelec cases against Poe’s Certificate of Candidacy for the Presidency, both NBFC and 10-year requirements of the Constitution were tackled. The majority commissioners voted that Poe did not meet both requirements and so cancelled her COC for the Presidency.
4. In subsequent petitions to the SC, Poe was granted TROs against the cancellation of her Presidential COCs by the two division of the Comelec.
5. Why should Poe insist that Justices Carpio, Brion, and de Castro inhibit themselves on the matter of the 10-year residency issue? There is no logic there. It is just possible that one, two or all three of them will vote in favor of her in the SC on the residency issue. How does she know? The 10-year residency issue was not discussed at the SET.
6. Methinks Poe’s “slip” is showing. Poe’s camp is in panic mode.
Doroy Guevara says
The residency issue was junked by Assoc. Justice Carpio because it has prescribed. It is a valid issue.
raissa says
Ah, only for her Senate seat, but not for her presidential run.
Rene-Ipil says
Maliwanag pa sa sikat ng araw. P-A-L-U-S-O-T.
csnatividad says
If you were a lawyer, as I am, you would understand that asking the 3 justices to inhibit is good practice. When courts abd judges are involved, you want to cover all your bases, not once, not twice, but as many times as reasonable.
raissa says
you mean, good strategy in behalf of his client.
M C says
Recus daw ang term, hindi inhibit anon kay Yen.
leona says
Camp or lawyer of Poe ‘motion’ vs 3 SC justices for inhibition:
“We filed a motion to disqualify and inhibit the three justice-members of the Senate Electoral Tribunal because they already prejudged the case,” Garcia said.’
‘Prejudged the case’ – technically there was no ‘prejudging.’ There was a ‘judging.’ So, the ‘motion’s’ ground(s) is misplaced. To ‘prejudge’ is to come out to judge prior to a regular judgment.
Poe ‘asked’ for it – to ‘judge’ her case before the SET. Now, after the 3 SC justices made known their decision, Poe wants the 3 SC justices to ‘inhibit’ before the SC.
I believe the 3 SC justices can reconsider inhibiting from deliberating and judging the case.
To follow Poe’s reasoning, suppose she ‘loses’ in the SC, she files a motion for reconsideration, will Poe again ‘asked’ the Justices who voted against her to ‘inhibit’ on her Motion for Reconsideration on the ground of ‘prejudging’ the case?
Poe should allow her case at the SC to be decided all the way to find the truth, on the facts and the law. The decision could also be compassionate or not.
amado dumaguin says
well, it’s justice carpio who said that he and the other 2 justices will inhibit if the case reaches the supreme court…however, nothing is sure in this world today, remember the miriam santiago epic telling that he will jump the plane and pnoy pasagasa sa tren?…the senator is just making sure that her case will succeed, in the first place, it is within the law that she can do it…what “slip” are we talking here by the way?…panic mode?…may be you are the one who is in panic mode because all the evidences now will be scrutinized and taken into consideration…the true meaning of justice will be revealed and the perpetrators of ill-motive will be vanquished…thank you…
NHerrera says
Hahaha.
And a Happy New Year to you and your candidate!
moonie says
slip, nherrera? grace favored garment is a pair of very tight jeans, wore rarely slips she does. the tighter the jeans, the better.
anyone walking behind her her got a good view of her derriere! must have gotten the habit from her nanay, rosemarie. poor apo, got no antidote for the 60s tight capri jeans, he, he, he.
yvonne says
@amado dumaguin
Yes, all the evidences now will be scrutinized and taken into consideration. Watch for my next piece on why Grace Poe Llamanzares does not meet the 10-year residency requirement for a presidential candidate. I will present factual arguments different from that of the COMELEC.
NHerrera says
Aha. More goodies for the New Year fireworks. Can’t wait. HAPPY NEW YEAR TO YOU AND YOUR FAMILY, yvonne.
Sup says
Yesssssss part 4 is coming!!
Go Yvonne!!!
yvonne says
It is actually part 5. I have to forgo part 4 because it was overtaken by events. And then there is part 6.
:-)
yvonne says
Belated Merry Christmas and advance Happy New Year to you, too, and to all the CPM community through-out the world. And my special wishes for a blessed and prosperous holiday season to Raissa, Alan and family.
carmenrosales says
Naku Yvonne sana ay sa lalong madaling panahon mo na ilabas nang hindi ako makulangan sa tulog sa pananabik na mabasa iyon.
yvonne says
Naku, sana nga, ang kaso tayong mga Filipino ay makakalimutin. Kailangang may patlang upang patuloy na nasa ating alaala. At saka baka mabored yung iba kung pagsunod-sunurin.
Mary says
Beware, yvonne…somebody will surely be upset again with you as he was with me at Joe’s just because I dared post that I believe and repeat the published opinions of the SC SAJ Carpio, Brion, de Castro and the Comelec legal divisions. Why are Poe’s supporters so sensitive when we post comments contrary to their beliefs and opinions? Is free speech now to be discouraged by people who are experts in law?
moonie says
free speech, freedom of expression, grace’s supporter cannot take those away from us. they’re just opinions, but why are they so huffy and puffy about our humbles opinions?
we must be hitting the anomalous nerves of grace’s supporters. take advil and fight on, soldier on, the way we do, eh, supporters?
yvonne says
Ok lang yun @Mary
At the end of the day the members of the CPM community can decide for themselves which information are factual and which ones are baseless.
Sometimes I write as part of a personal journey, just like when I wrote my essay on the condonation doctrine at JoeAm’s blogsite. When the Supreme Court decision come out, I compared its decision with my essay. And then I would ask myself – how did I do? On the condonation doctrine it was a gratifying part of the journey.
Mary says
@ yvonne
Oh, yes, and what a journey it was, from the CJ impeachment and trial, to the controversial condonation doctrine, and now, the citizenship and residency issues of Sen. Llamanzares. Gratifying indeed not only for you but also for us, and for that, please accept our deep appreciation.
Happy New Year !
vander says
hahaha,
a lot of sleepless nights while waiting for yvonne’s pasabog!
welcome jan.2, 2016!
yvonne says
LOL @ vander.
What did Meriam say?
“I lied!”
:-)
vander says
the more miriam lied, the more she gets audience. hahaha!
but yours are real pasabog,
more explosive than the newly banned “goodbye colombia”!
more fun come 2016!
@yvonne, your fans are growing wild now..:)
netty says
Vander, the more lies are rewarded, the more lies never stop, parang kabute.
Is there a sequel to, I’m sorry but I lied? Ihanda nyo na yung tissue.Masyado ng nakakaiyak sa OA itong teleseryeng ito.
vander says
@netty,
hindi pa natatapos ang sequel ni mad-am mds.
one is her overcoming stage 4 cancer, kaya tatakbo pang prez.
ewan ko pero health ang alibi niya nang di na niya siputin ang appointment sa int’l court..
her joining tandem with the economy buster’s son bbm is another firework.
hindi talaga siya nauubusan ng pampa-HB.
ayaw tantanan ang bansa ng mga walking tragedies sa katauhan ng mga mapagkunwaring lider ng bansa.
this 2016, bumawi tayo!
netty says
Oh yes,Yvonne has the ace hidden on her palms I believe.
I can understand the severe want and need of GPL to succeed where her foster, plastered and recent exhumed fathers are being made relevant for her cause. When everything comes to the fore, I wonder if the people are still able to swallow all the cobwebs spun for this. I find it outrageous exhuming those bodies resting their bones long time ago to prolong the drama of finding the parentage. I don’t know how this exhuming is even allowed when this is only based on guesses and maybe not even factual and just witch hunting. What if, sablay na naman as always, this is too much and for if these were my parents being dug from the graves, I take it as very disrespectful. Why dig all the dead , except the one in the glass coffin?
What kind of a person would use dead people and strangers at that to substantiate a lie?
Happy New Year to all .
Mel Navato says
I completely agree with you. It is very disrespectful to exhume the dead to serve one’s selfish motives & ambitions.
raissa says
different stroke for different folks.
the relatives offered their dead.
netty says
How noble of the relatives indeed, maybe they know something that I don’t know. Otherwise, very ignoble on the other party if their emotions are played upon by the con artists.
chumangong says
I understand the sensitivity of this. But as Raissa said, different strokes for different folks. As for myself, since I’m not Catholic, but Christian, I don’t believe my soul is in my buried body. This is why for practical reasons, I told my husband that if i die first i want him to buy the cheapest, biggest pot in Uniwide and put my ashes there. Then he can dispose of them in any field up to Tagaytay or even in the water. Because I won’t be there. Who knows why these people are doing what they do? But it’s their relative, and their lives, and their choices.
I personally think it’s a poverty issue, and I haven’t been that poor, but i know a woman who had 12 siblings, half of which died as babies because they couldn’t afford to pay for the medicine. So don’t judge them. I would rather blame corrupt senators, cabinet officials, congressmen, mayors, et. al. who steal billions or millions from the government, money that should have gone to the people. These are the real criminals in our country. We have been run like hell by our own people.
netty says
It is so bad that a pro poor candidate is manipulating the poor so called relatives and being used to duped all the Filipino people. Poverty of the relatives {if true} is not the issue, but here is a profound loss of the condition of her soul . Yes, she lost her soul here, that is brutal enough for me to say it.,OK, to use those rotten bones to make a circus in the graveyard.
I understand Yvonne’s explanation for I know the requirements to undergo when one is applying for either permanent residency or citizenship, where an exact number of days or years have to be completed uninterrupted before one can even apply for landed or citizenship status. Everything of your physical presence is counted minus the days and months that you were out of the country you are coveting to stay and benefit from.
Here is a link of the req. here in Canada. This is a serious undertaking and just like a jury duty , when you are called, you have to prepare to explain why you are not around when your presence is highly counted after a subpoena was issued for conformance.
Residency required for permanent residence
http://settlement.org/ontario/immigration-citizenship/permanent-residence/permanent-resident-pr-status/what-are-the-residency-requirements-for-permanent-residents-prs/
…………… and so on …..
*To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.
This means that you can spend a total of up to 3 years outside of Canada during a 5-year period. However, if you leave the country for an extended period of time, it is up to you to prove to Citizenship and Immigration Canada that you will be able to meet your residency requirements….
This is also true with those having permits only and even more difficult because they don’t have clear attachment to show for the country except their jobs, and their status even at risk if the employer denied them coming back.
I am just pointing out that even with common people, OFW’S and citizens , this is not a joke. One has everything to lose if one ignored the rules. It is high time that the govt update the method and attitude of our record system and documentation processing and ” intention” with lessons learned from these high profile cases otherwise they should be jailed or fired from their jobs for allowing perpetuation of falsity of govt officials on the record including Birth registry, DFA and bureau of Immigration.
Ancient Mariner says
It amazes me how you can type a coment so full of double entendre with your head stuck in a bucket of sand.
It seems to be a skill many of your candidares supporters possess.
NHerrera says
A well of quicksand you mean. The wonder of it all is how they stay afloat in that.
HAPPY NEW YEAR to you and your family, Ancient Mariner.
Ancient Mariner says
@NHerrera
Thanks and the same to you and yours. We have an interesting year ahead I think.
chumangong says
If you are referring to me, can you pls specify the double entendres you are referring to? And is my head in a bucket of sand because I mentioned the FACT that thousands of Filipinos are so poor that they can’t even afford medicine and they must watch their children die? I was surprised once to discover that my maid, who has a child in the province, had to send money every time the child had a cold or a fever. They don’t have a pot where they keep loose change for things like that. Now YOU tell me whose head is in a bucket, and please list the double entendres if it’s me you are referring to. Don’t be a coward ancient mariner. Parinigs are the weapons of milksop.
oca gomez says
Raissa, maybe Tribune was a regional/provincial newspaper from that period. If you go around the country, there are many “Tribunes” published in the provinces. A cheaper and low-key public notice.
raissa says
sabi kasi “Tribune” in Manila.
oca gomez says
There are today a handful weekly and fortnightly newspapers published in Manila, mostly appearing in the vicinity of City Hall and Port Area. Not sure if such newspapers also existed back then. These small papers derive most of their legit income from publishing court-mandated notices. BTW my mother, who used to live in the Sampaloc/Quiapo area, insists there was a Tribune newspaper during the ’60s.
raissa says
how about during martial law?
uprightbike says
Sinabi ko na nga sa early comment ko eh. Possible na small time newspaper yun, not exactly fly by night. Pero nag cacater lang yun sa mga legal notices. Just to satisfy a legal requirement, kahit 200 copies lang yun, ang description dun eh nationally circulated.
So let us not focus too much ion that Tribune issue.
Yung iba e google pa. Pasensya na po. Eh ang lalabas talaga dyan eh yung Tribune ni Ninez cacho Olivares.
Hindi naman panay google lang. Rely din tayo sa experience, history at common sense.
Ancient Mariner says
“In the city of Manila, and likewise in the Philipines, weekly…….. ” is an extract from the document you quote from. To me this means Manila and elswhere in the Philippines, as is required by law.
As I suggested in my 6.1.2, the Visayan Tribune is a logical avenue of investigation. I believe the weekly is/was based in Iliolo City.
raissa says
Hmmm.
Maxima says
Would it be realistic to think that that newspaper company should have a copy of Grace’s announcement on file? I do wonder if a copy of the newspaper ad
should have been affixed with the application when it was filed.
Johnny Lin says
nilulubog ni Grace Poe ang sarili sa malalim na baha!
Nag presscon Si Grace ngayon at Isang Tanong sa kanya ay kung hiningi niya ng DNA test Si Susan Roces. Ang sagot niya ay HINDI dahil magmumukha siyang walang hiya na di niya pinaniniwalaan ang foster mother niya. Dapat nga ang unang tinanong niyang magpa DNA kung gusto niyang malaman o ma eliminate ang tsismis ay Si Susan o Rosemarie Sonora. Kung hindi sila compatible, hindi TOTOO ang tsismis. Kung compatible TOTOO may genes siyang Sonora. Pagtapos nun pa DNA niya Si Bongbong. Yung sagot niya malabo.
Yung 2 birth certificates Grace halatang halata na dinaan sa FRAUDULENT REPRESENTATION. Sino ang maniniwalang biological parents niya Si FPJ at Susan. Kung totoo yung birth certificate bakit ayaw ni Grace pa DNA si Susan. Ibig sabihin kinukunsinti ni Grace ang pagamit ng pekeng certificate sa gobyerno at gusto niyang magpresidente. Dapat UNA si Grace magdeklara sa taong Bayan na peke ang mga birth certificates niya. Bakit diniya sinabi sa Presscon?
Sinabi ng Abogado ni Grace na nag petition sila SC na gusto nilang maginhibit yung 3 justices na bumoto sa SET dahil nakasali na sila sa desisyon sa kaso ni Grace. Ang SET ay tungkol lamang sa Natural Born Status ni Grace. Kung itong SET complaint lamang ang nasa SC hearing, talaga ng dapat yung Tatlong justices by law are automatically excluded from participation based on that particular SET issue only.
Sinabi din ni Atty Garcia na nag petition sila sa SC na gawin na lamang Isang kaso yung Tatlong complaints against Grace. Yung 2 Comelec issue ay tungkol sa residency issue at citizenship issue ni Grace. Itong Comelec issues ay kakaiba sa SET complaint. “Poe wants to bake and eat her own cake”
Bakit gusto ni Grace Poe na mag inhibit yung 3 justices gayun di pa naman nag participate yung 3 justices sa Comelec issues. Sabi ni Atty Garcia kaya daw nila gustong gawin Isang kaso na lamang yung 3 issues para mapabilis ang process at desisyon at hindi nila legal strategy para mag inhibit yung 3 justices. Nung pinalabas ang decision ng Comelec en banc kaagad bago magpasko yung DQ ni Grace ang sabi ng kampo at Abogado ni Grace, “Bakit daw minadali yung decision ng Comelec en banc ganun holiday at kulang ang panahon nila sa pagharap ng kaso sa SC”. Bakit ngayon sinasabi ni Atty Garcia gusto naman nilang mapadali ang proceso kaya nila gustong mag isang kaso ang 3 kaso. Kung hindi legal strategy bakit gusto nilang mag inhibit yung 3 justices ganun wala silang participation sa Comelec issues at wala sa law and ethical rules ng justices yung inhibition request. Ang target ng simpatico ni Grace ay yung mga mangmang pero ang TOTOO niloloko ni Grace yung hindi nakakaintindi.
Naloko ni Chiz Escudero na pumasok sa gusot na ito gayun alam niya na peke ang birth certificates ni Grace at ginamit ni Grace ang US citizenship privilege niya nung nagtrabaho na sa MTRB. Nilabag ni Grace ang laws ng Pilipinas at ngayon gusto niyang mag presidente. Puro palusot lamang ang binibigay na dahilan ni Grace Pero hindi niya inaamin na FRAUDULENT documents ang birth certificates niya at tinago niya ang paggamit ng US citizenship rights na labag sa batas ng Pilipinas bilang government official at qualification sa 10 year residency issue.
Yan ang Napala ni Grace nagpagamit siya kay Chiz. Ngayon, nilalaglag na siya ni Chiz dahil nung una pa lamang yun ang strategy nila ng kakampi niya sa kampo ni Binay. Pareho ng ginawa niya kay Roxas.
Ahas ang Ama ni Chiz nun panahon ni Marcos. Kanino pa magmana kundi sa ninuno niya. Ahas si Chiz kay Roxas, Cobra siya kay Poe. “The fruit doesn’t fall far from the tree”
Magkano ang binigay ni Binay kay Chiz nung 2013 sa kandidatura niya sa Senador? Ano ang tinulong ni Binay para makasaling si Chiz sa Balesin Island? “Wala akong Pera” ang sinabi ni Chiz sa pagatras niyang magkandidato ng presidente nung 2010 nung binawi ni Danding ang suporta sa kanya, Ito ang dapat isipin at itanong sa sarili ni Grace. NADENGGOY ba ako ni Chiz pareho ng ginawa kay Mar at nakipagsabwatan kay Binay?
Sino ang makikinabang ng Husto pag na disqualify Si Grace. Bakit hindi aktibo ang kandidatura ni Honasan? Hindi siya sumasama sa kumpanya ni Binay? Huwag Kalimutan na kunwari panakip butas Si Gringo noong walang pumayag tumakbo na VP kay Binay. At noon din, iwas sagot Si Binay na kasama sa listahan nila si Chiz sa VP dahil daw pag tinanong si Chiz ang sagot niya ay wala siyang balak tumakbo ng kahit anong pwesto. Di ba?
Dahil kaya pag na disqualify si Grace ay aatras Si Gringo at si Chiz lalabas na VP ni Binay.
Padala sa Facebook at Twitter para magtanong ang taongbayan sa sabwatan Binay-Escudero?
“Ang baho kahit gaano pagkatago-tago ay sasaliksik sa amoy ng katotohanan”
NHerrera says
Salamat sa post mo Johnny Lin. ALL HANDS ON BOARD tayo habang apat na buwan pa bago ang election.
Maganda ang pagkakatahi mo ng mga issues tungkol kay Poe at ang papel ni Escudero.
raissa says
Johnny, nagsasabi ka ba ng totoo o nag-jojoke only ?
Yung mga quotation mo sa press con ni Grace Poe, totoo ba yon?
Johnny Lin says
ABS CBN Spot NEWS KANINA about 5:30 pm.
Theorista says
Lin,
May info ka rin ba tungkol kay Duterte? Kasi sabi niya si Binay ikakampanya niya pag na disqualify siya.
Kung tama ang analysis mo, parang nag set up si Binay ng grand strategy – kuyugin ang kampo ni Poe thru Chiz tapos gamitin si Duterte para siraan si Mar. At pag nadisqualify ang 2 edi na kay Mar ang sisi…. huwaw!
Johnny Lin says
Connect mo ang dot ni billionaire financier kay Binay(Boy Scout), Chiz(Balesin), Duterte(Oreta/SC justice backer) and Bongbong(Marcos lapdog). Remember what Osmena declared if Duterte will run, “That Duterte would siphon votes from Grace” and Duterte’s reasoning when he decided against running “wala akong pera” and when he ran “dahil sa boto ng SET kay Poe na foreigner”
Then try to review my postings last year, somewhere maybe between June- Dec wherein I posted the analysis:
1. Binay’s rating would drop down to about 20% while Grace would shoot up to about 40 %(by June2015)
2. That Binay’s chances of winning would be greater with these 2 factors:
A. With many declared candidates- because Binay has captured 20% of voters- derailed by unusual high survey preference of
Poe resulting to Binay’s resorting to Plan B(Chizcake)
B. In the race between Binay and Roxas- because Roxas is “hard sell” due to perception problems with C,D,E classes and his
wife and mother- the scenario that’s highly probable even if Duterte is running since Digong is destroying his own chances.
Hmmmmm!
Which political camp initiated questioning the qualification of Grace for president when Grace shot up to 40% preference?
Whose name Duterte shouted that he would support in case of his disqualification?
Who is Tatad’s benefactor which I had frequently posted about 2 years ago on their unusual alliance as Binay’s personal consultant?
Sabi nga ni Ms Universe temp(OJT), that is Miss Columbia for the uninformed- “everything happens for a reason”
He he he!
Happy New Year!!
greenpea says
Hindi naman si Grace Poe o si Duterte o si Binay ang problema. Ang problema ay ayaw ng karamihan ng botante kay Mar Roxas,
Madaling siraan ang kalaban pero ano ang maaaring gawin para palakasin si Mar Roxas- at Leni R ng sa gayon ay dalhin sila ng karamihan?
Hindi nga sila corrupt pero hanggang sa ngayon ay wala silang mensahe na bubuhay sa pag-asa ng mga tao na may mararamdaman silang pag-unlad at magandang pagbabago sa estado ng buhay nila. Kaya siguro ay mas pinipili nilang kumapit sa alamat kesa sa more of the same.
Nakakalungkot dahil pag nanalo ang alien, kleptocrat o kilabot ay para tayong si Sisyphus na mahuhulog ulit sa paanan ng bundok. Pero siguro ay kasalanan natin ito dahil hindi natin maharap ang tunay na problema.
Naaalala ko tuloy ang pakutyang sinabi ng ina ni Boadbil ng makuha ng mga kastila sa kanya ang kaharian ng Granada. Medyo hindi na pc ito kaya hindi ko na babanggitin
Doroy Guevara says
A better analogy than the one you use about baha is “Poe made for herself a quicksand (kumunoy) and the more she tries to extricate herself, the more she is betting buried.”
Rene-Ipil says
Sabi ko noon na ang mga ampon na naghahanap ng tunay na magulang ay ginagawa ito nang tahimik bilang respeto sa umampon at nagkalinga sa kanila na pangalawang magulang. At ito lang si GPL ang ginawang showbiz ang paghahanap kuno sa biological parents niya. Hindi lamang binastos niya si FPJ at Susan kundi ibinisto pa niya na kakutsaba ang mga Ito sa pagtatago ng katotohanan na ang tunay na ina niya ay si Rosemarie.
Dahil kung hindi talaga totoo na si Rosemarie ang nanay ni GPL ay matagal nang nagpa-DNA siya at kung sinuman kina Rosemarie, Sheryl at Susan. Subalit ano ang pahayag ni Sheryl? Ayaw niyang idawit pa ang inang si Rosemarie sa kaso ni GPL dahil matagal na itong nananahimik.
moonie says
nananahimik si rosemarie, shamed kasi. despite her illustrous beauty and endearing fame, she ended up as one of the bedposts in apo’s bed. one of many. past time lang pala siya ni apo. but, past is past and there’s nothing she can do about the past. it’s gone.
but there is something rosemarie can do about today, and that is to stop paying homage to the past. stop playing victim to the past. get over the past, she owe it to her daughter, to grace, to sheryl, and to her grandchildren.
apo is dead, any agreement rosemarie had with apo, financial or otherwise, is in the past, extinguished. for the sake and well being of her daughter and grandchildren, it’s about time rosemarie challenge that agreement. bet she is too fat and too lazy to lift a finger, or already had dementia and her mind is mush. maybe she had multiple sclerosis and or had stoke, and cannot be seen or heard in public dahil the girl she once was is well and truly gone, replaced by an old fat hag. rosemarie’s family needs a hero, one who can put things right, but no one is playing hero, dont know how.
balayang says
Don’t know how, don’t know when, coz they be mushes, tsk…tsk …or loaded mushes tnks to
apo bangkay. . . or apo sapatos ☹
vander says
mahirap talagang mabuhay sa pagkukunwari.
lumawig ang pagtatakipan.
higit na magiging kahiya-hiya ang pagbubunyag ng lihim.
nguni’t tanging nasa katotohanan lamang ang kalayaan at katahimikan.
chumangong says
Moonie, in the case of the Australian daughter, they were continuing to be supported after Marcos death through an arrangement with an offshore bank. So maybe it’s also like that with Rosemarie. Or maybe she just doesn’t want IM to get mad at her. We all know IM is a bit nuts when she’s nuts.
Joe Duran says
Mukhang anak ni macoy at tingnang nyong mabuti c grace d ba kamukha cya ni rosemarie sonora
Yu says
Welcome back johnny lin.
yvonne says
TALKING ABOUT ODD, HERE’S ANOTHER ONE
.
Maybe I’m just reading too much into this but I don’t understand why the adoption of Mary Grace Poe Llamanzares, in 1974, was decided by the Municipal Court of San Juan.
RA 644 (amending certain provision of RA 296), approved June 12, 1951, provides jurisdiction of adoption cases to judges of municipal courts of chartered cities, concurrent with the jurisdiction of the Courts of First Instance.
But the Municipality of San Juan became a chartered city only in 2007 under RA 9388. Therefore wasn’t it that the Municipal Court of San Juan had no jurisdiction on the adoption of Grace Poe, and the adoption should have been decided by the Court of First Instance, instead?
What am I missing here?
pelang says
Mayor na ba si erap sa san juan sa panahong iyon? Hindi ba dalawang set na birt certificate si GPL? The birth certificate that they submitted in San Juan was the one where Susan Roces and FPJ were the biological parents of GPL? FPJ and Erap were the best of friends. Go and figure that out.
kokoy 1 says
twin mistake …
moonie says
honest mistakes, habitual yata.
raissa says
yes. Erap was mayor all of Martial Law.
Rene-Ipil says
Rule 99 (Adoption and custody of minors) of the 1964 Rules of Court provided:
“SECTION 1. Venue. — A person desiring to adopt another or have the custody of a minor shall present his petition to the Court of First Instance of the province, or the municipal or justice of the peace court of the city or municipality in which he resides.”
A new rule on adoption was made in 2002 which provides:
“Section 6. Venue. – The petition for adoption shall be filed with the Family Court of the province or city where the prospective adoptive parents reside.”
Judge Alfredo Gorgonio issued the adoption order as judge of the municipal court of San Juan in 1974.
raissa says
Saan dapat ginawa noong 1974? Where was the CFI to which FPJ and Susan Roces should have gone to?
Rene-Ipil says
Susan could – not should – have gone to the CFI of the province of Rizal which covered then the municipality of San Juan. Instead, Susan went to the municipal court of San Juan, Rizal, which venue was authorized by the rules of court. The municipal court had concurrent jurisdiction with that of the CFI IAW Section 1 of RA 644, amending Section 86 of RA 296 or The Judiciary Act of 1948.
“(c) . . . . justices of the peace and judges of municipal courts shall have concurrent jurisdiction with the Courts of First Instance in the appointment of guardians and adoption cases.”
Meaning that the venue chosen by Susan was legitimate.
yvonne says
@Rene-Ipil
Thanks, I got you – the provisions for adoption in the earlier RA 644 is different from the 1964 Rules of Court.
My question now is: Can the 1964 Rules of Court repeal RA 644 if the two are in conflict? The Rules of Court is the work of the Judiciary whereas an RA is the work of Congress.
Rene-Ipil says
Jurisdiction is conferred by law. Indeed, RA 644 bestowed concurrent jurisdiction to municipal courts together with CFI in adoption cases. The Rules of Court could not – and did not – do such conferment of jurisdiction to municipal courts. Rule 99 on adoption of the 1964 Rules of Court merely complied with the RA 644 which was enacted earlier in 1951.
yvonne says
But there is a very big difference.
RA 644 bestowed concurrent jurisdiction to municipal courts in CHARTERED CITIES (capitalization is supplied for emphasis) together with CFI in adoption cases.
But in the 1964 Rules of Court concurrent jurisdiction is bestowed to municipal courts in CITIES AND MUNICIPALITIES.
So the change was made from CHARTERED cities to ANY cities AND municipalities.
Rene-Ipil says
Section 86(c) of RA 296, as amended by RA 644, mentioned justices of the peace of municipalities or municipal districts and judges of municipal courts in chartered cities, to wit:
“(c) . . . . justices of the peace and judges of MUNICIPAL COURTS shall have concurrent jurisdiction with the Courts of First Instance in the appointment of guardians and adoption cases.” (Emphasis mine)
Section 86 should be read in relation to Section 68 of RA 296, as amended, to wit:
“Section 68. Appointment and distribution of justices of the peace. – There shall be one justice of the peace and one auxiliary justice of the peace in each municipality and municipal district, and if the public interest shall so require, in any minor political division or unorganized territory in the Philippines, and such Judges of Municipal Courts in each chartered city as their respective charters provide.”
Meaning that all first level judges had concurrent jurisdiction in adoption cases. Thus, Section 99 of the rules of court.
Rene-Ipil says
BTW, ” All Philippine cities are chartered cities, whose existence as corporate and administrative entities is governed by their own specific municipal charters in addition to the Local Government Code of 1991, which specifies their administrative structure and powers.” (Wikipedia)
Kalahari says
Off-topic but heartwarming
THE 47 RONINS HAVE LANDED AT KALAYAAN MUNICIPALITY BUT GET GRUDGING GOVT SUPPORT AND DESPITE CHINA WARNING
A group of 47 intrepid & patriotic youth ranging in age from 15 to 27 and calling themselves THE KALAYAAN ATIN ITO, have landed at Pag-asa Island, the capital of Kalayaan municipality in Palawan, on 12/26/15.
“Lawyer Vera Joy Ban-eg, one of the coordinators, said the youth group will camp out on Pag-asa Island for three days after which they will return to Palawan before the end of the month.”
“This freedom voyage is a call for unity for the entire country to take a stand to protect our territory. We hope this will get the attention of the international arbitration panel. We are monitoring whatever resolution will be issued on this issue. The group’s mission was a success because they were able to show the cooperation of youth volunteers coming from the Philippines’ 81 provinces on the West Philippine Sea issue. We were successful in uniting them despite the difference in religions, culture, traditions and dialects. They decided to set sail here and show our unity over this issue. Our setting foot on this island is an act of ownership.” Ban-eg said.
Kalahari says
Link: http://bit.ly/10vjk4m
Kalahari says
or try Inquirer.net 12/29/15
leona says
Let’s HOPE the 47 RONINS raised a SCENE of the ‘Iwo Jima Philippine FLAG’ on the ISLAND.
Clap! Clap! Calp!
Pray. . . a photo of the FLAG RAISING was taken for posterity sake.
:-)
moonie says
I hope the ronins have not left too much basura. that they care for the environment and are conscientious enough to dig hole in the ground big enough to bury food wastes and basura. not left them floating around sa dagat, or lying on the sandy shore polluting the environment.
Vhin AB says
From Wikipedia:
New twist. Meron ng biological family si GPL.
“Early Life
Mary Grace was allegedly born in Buenavista, Guimaras, Philippines to unmarried couple Pacito Montañez and Victoria Rodriguez (died 1996).[1][2] Her alleged biological mother gave her up for adoption and took her to Jaro because of poverty and for fear of domestic violence done by Grace’s biological grandfather against his children, according to her biological maternal aunt in December 2015.”
https://en.m.wikipedia.org/wiki/Grace_Poe
kalakala says
baka mayroong iiyak dito sa isang malungkot na sinapit ng isang sanggol na nawala sa simbahan sa jaro, iloilo city.
BACOLOD CITY, Philippines – A 75-year-old farmer from Murcia town, Negros Occidental is claiming he acted as stepfather to Sen. Grace Poe for a few days after her birth, before she reportedly went missing in a church.
Alfredo Ledesma Arsenio of Barangay Caliban said in an interview over dyRL that he and Poe’s alleged biological mother Ma. Luz Reyes were penpals and that she was already pregnant with Poe out of wedlock when they decided to meet for the first time in 1968 in Iloilo.
Arsenio said the baby’s biological father – a certain Felix Aquilesca – went to Mindanao after getting Reyes pregnant.
Arsenio said he and Reyes decided to live together as couple in El 19th Street in Jaro, Iloilo City.
Reyes gave birth at the Mandurriao Provincial Hospital and named her baby Mary Grace Aquilesca, he said.
He said the baby he had called Mary Grace was only 12 days old when he and Reyes brought her along to Jaro church to attend mass.
He related that while inside the church, Reyes – who was not feeling well at the time – suddenly had chills and died.
He said the baby was lost during a commotion triggered by Reyes’ suddenly falling dead.
Arsenio said he is very sure that the baby and the now Senator Poe are one and the same based on their looks.
pelang says
Wow! What a tall story, indeed! Nagbubunga na ang offer ng archbishop sa jaro, iloilo na nagkakahalagang 300,000.00 pesos. Marami nang nag cli-claim na tatay o nanay ni grace. Magiging presidente ba naman.