A legal matter before Senator Grace Poe - PH Trending

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Friday 21 August 2015

A legal matter before Senator Grace Poe

Grace Poe issue for running higher position

Residency issue, citizenship issue.

Navotas Rep. and United Nationalist Alliance (UNA) interim president Toby Tiangco raised Poe’s residency issue, claiming she is prohibited by the Constitution, under Article VII, Section 2, to seek higher office due to lack of residency. Residency requirement for candidates running for president or vice president is 10 years, while that for senator is two years.

High-profile lawyer Raymond Fortun stated the following:

"There is a reason why the Constitution requires a 10-year residency for a presidential candidate – at the least, it is to guarantee that a candidate knows what ills this country, and has a love for it enough to desire to be a catalyst for change,”

"If you really placed 'six years, six months' as of May 13, 2013, please show a love for your chosen (?) country by conceding that point and follow and obey this country's laws. Otherwise, we cannot expect that you would follow those same laws if you become president,”

"That you are now trying to wiggle your way out of that declaration under oath somehow tarnishes you in my eyes because THE LEAST that I expect from you is HONESTY,”.

Animus revertendi?

Several legal experts have come to the defense of Poe, saying the doctrine of “animus revertendi” – or one’s intention to return to his or her domicile – applies to the Sen. Poe, saying that her intent to return to the Philippines outweighs actual residency.

They cited the 1995 Supreme Court ruling on former First Lady Imelda Marcos that allowed her to run for congresswoman of Leyte despite her long absence in the province. The SC ruled that Marcos's repeated manifestation of her intention to return there still makes her a domicile of Leyte.

Fortun and a number of legal experts and former law deans took the opposing side, insisting that the Imelda case cannot be applied to Poe’s case.

What expert says?

Legal experts believe that the senator can prevail if the issue is brought up in court.

Integrated Bar of the Philippines national president Vicente Joyas, meanwhile, said Poe's intention to return to the Philippines "Was negated by her acquisition of US citizenship."

Election lawyer Romulo Macalintal said, "Si Grace Poe, ang kanyang magiging argumento rito ay, 'Bagamat ako'y nagpunta ako ng Amerika, hindi ako permanently residing there.' Kapag nariyan ang iyong intensyong bumalik, ikaw ay domicile of the Philippines. The fact na andito siya, hindi lang siya merong intensiyon kundi meron siyang actual residence in the Philippines”'

Former UP College of Law dean Prof. Pacifico Agabin pointed out, since Poe was found in the Philippines, the "presumption of the law" is that her parents must have been Filipino citizens. "Anyone who is trying to disprove her Filipino citizenship will have to prove that her parents were not Filipinos."

Macalintal also added that, “If Poe was a resident of the Philippines for “6 years and 6 months” in October 2012, then the additional period from October 2012 till the May 2016 elections, which is three years and 7 months, will give her a total of 10 years and 1 month residence in the Philippines,”

Liable for Perjury?

Read and examine this.
Senator Grace Poe told members of the press in a televised ambush interview, "Unang-una, bakit nakalagay six years and six months. Nakalagay po doon sa COC, resident in the Philippines before May 2013. Hindi po sinasabi by May 2013 or on May 2013. Ang ginawa ko, it was my actual residence on the day of my filing, which is in October 2012,".

Tiangco insisted that Poe is still not qualified due to her sworn statement in 2013, but election lawyer Howard Calleja said that the perjury allegation against Poe will be hard to prove since there was no malicious intent.

Philippine Star

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