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1. Rule 9, Sec 5 of the Internal Rules of Procedures of the SC grant the SC the power to
consolidate cases, correct?
2. This power to consolidate is at first hand, discretionary, yes?
3. Are you aware that there is a certain situation where the discretionary power to
consolidate of the SC calls for mandatory application as held in the case of Fabiana vs
Justice Reyes?
4. Do you know that this situation, as ruled in Canos vs Peralta is when all of the
requisites of a valid consolidation are met by the cases to be consolidated?
5. The first requisite calls for a common issue on the cases to be consolidated, yes?
6. In the words of Canos vs Peralta, do you recognize that it is not important that ALL
issues be similar so long as ONE issue is common?
7. In the COMELEC and SET cases concerning Sen. Poe, do you admit that stripped
down to their core, the issues call for a determination of Sen. Poe’s nationality?
8. The second requisite is commonality of facts, correct?
9. Have you read the full text of the COMELEC and SET petitions?
10. Do you recognize that the a notably similar set of facts are stated in both SeT and
COMELEC petitions?
11. The third requisite is commonality of party, yes?
12. Do you recognize that as per SC’s words in Canos vs Peralta, not ALL parties must
be common so long as there is at least ONE common party to the cases to be
consolidated?
13. Do you admit the very obvious fact that Sen. Poe is the common party to both
COMELEC and SET petitions?
14. Do you now concede to this august body that all of the requisites in Canos vs
Peralta are met by the SET and COMELEC petitions concerning Sen. Poe?
15. Do you now accept the SET and COMELEC petitions be consolidated following the
ruling in Fabiana vs Justice Reyes?