WE ASKED last March 23 on Twitter whether the Supreme Court ruled that Sen. Grace Poe is a natural-born Filipino or simply told the Commission on Elections not to stop her from running for president in the May 9 election. Many are still confused, we noted.

Last Sunday, top election lawyer Romy Macalintal emailed a statement on the issue fueling the confusion. His opinion (slightly edited to fit space):

“The Supreme Court decision is a classic example of a very complicated legal verdict that even the 15 members of the SC have varied views. Thus, a layman is not expected to fully comprehend it.

“The decision did not categorically say that Poe is a natural-born Filipino citizen nor did it say that she has complied with the 10-year residency requirement to qualify to run for President. (emphasis mine–fdp)

“This is so because, as stated by Chief Justice Maria Lourdes Sereno in her separate opinion, the only issue the SC needed to resolve is to ‘grant or deny (Poe’s) petitions’ appealing from the decisions of the Comelec denying her Certificate of Candidacy for president under Section 78 of the Omnibus Election Code on the ground that she made a ‘false material representation’ in her CoC when she stated she was eligible to run for president.

“The majority reversed the Comelec and ruled that under Section 78 the Comelec is ‘restrained’ from going into the issue of qualifications of Poe since the Comelec ‘cannot itself, in the same cancellation case, decide the qualification or lack thereof of the candidate.’

“They ruled that ‘the facts of qualification must beforehand be established xxx xxx in a prior proceeding or authority that he or she is not qualified, such prior authority being the necessary measure by which the falsity of the representation can be found.’

“The SC ruled further that since there was no ‘prior proceeding’ where Poe was found ineligible or disqualified on ground of citizenship or residency, then the Comelec ‘cannot decide her qualification or lack thereof’ under Section 78 of the OEC.

“Thus, the 9-6 vote meant that nine SC members voted and signed the majority decision granting Poe’s petitions that her CoC should not be canceled or denied due course because she did not ‘deliberately’ make any false representation in her CoC, while six members dissented.

“That was what CJ Sereno said — that the issue in Poe’s case is only to ‘grant or deny’ Poe’s petitions ‘and nothing more.’

■ No majority vote on Poe citizenship?

“ADDING more confusion to an already confused legal situation, Senior Associate Justice Antonio T. Carpio said that only seven justices voted on the citizenship issue, hence, the majority of eight as required under the SC Internal Rules was not achieved.

“However, CJ Sereno said that out of 12 justices only seven voted on the citizenship issue; while seven out of 13 justices voted on the residency issue, hence, the vote of seven was the majority vote for both issues.

“But what happened to the three justices on the citizenship issue and the two justices on the question of residency? CJ Sereno did not explain in her opinion whether or not the said three justices actually ‘took part’ in the deliberation.

“The late SC Justice Isagani A. Cruz in one of his weekly opinion pieces in a local newspaper said that ‘as long as a (justice) occasionally grunts, or nods his head, or tries to look intelligent, or laughs at a remark, he is deemed to be participating in the sessions of the Court. A justice need not always contribute his views to the discussion of a case — he may even be in a state of slumber at times and must be nudged into wakefulness.’

“Since said three justices also signed the main decision in Poe’s case with separate opinions, isn’t it enough to say that they ‘actually took part’ in the deliberation on these issues, hence, they should be included in the computation to determine the required majority vote?

“Thus, Carpio was technically correct, because since there are 15 members of the SC then a majority of eight justices is required to rule on Poe’s citizenship and residency issues pursuant to Section 1, Rule 12 of the SC Internal Rules.

■ Urgent need to resolve Poe’s SET case

“TO RESOLVE the above confusing decision, there is now the imperative need for the SC to immediately decide on the pending appeal filed by Rizalito David from a majority decision of the Senate Electoral Tribunal which ruled that Poe, as a foundling, is a natural-born Filipino citizen.

“It is in this case where the citizenship of Poe was directly assailed without regard to whether or not she made any false representation in her CoC for senator in the 2013 elections.

“If the SC rules that Poe is a natural-born citizen then that settles this issue once and for all. If the SC rules that she is not, then the Comelec, on its own or motu propio or even without any petition, could still disqualify her and all votes cast for her will not be counted, if the decision is rendered before the May 9 election since ‘the Comelec will be grossly remiss in its constitutional duty to enforce and administer all laws relating to the conduct of elections if it does not motu proprio bar from running for public office those suffering from perpetual special disqualification by virtue of a final judgment.’

“But what if said decision disqualifying Poe is rendered after the election and Poe still gets the highest number of votes and proclaimed as duly elected President by the Congress of the Philippines? That would be another skirmish in the Legal and Political Battle of the Century.”