SC decision based only on Poe’s residency issue ‘possible’—lawyers
Presidential aspirant and Senator Grace Poe. Photo courtesy of Senator Grace Poe’s Office
A Supreme Court (SC) decision based only on whether Senator Grace Poe has met the residency requirement to run for president is possible, lawyers said Wednesday.
Election law expert Atty. Romulo Macalintal said residency issue involves facts and evidence.
“Citizenship merely involves legal interpretation while residency is factual or based on facts and evidence of residency,” Macalintal said.
He noted that it is easier to prove or disprove residency because it involves months, years and the places where Poe has stayed.
Another election law expert Atty. Edgardo Carlo Vistan II, on the other hand, offered an explanation why the SC was likely to decide on Poe’s residency and not on her citizenship.
“Siguro, nagkasundo ang mga mahistrado na kung magkakaroon sila ng mayorya sa isyu ng residence, ay hindi na nila tatalakayin ang issue of citizenship para iwasan ang isyu na tingin nilang mas kontobersyal at maari namang magbago ang kasagutan kung masiguro kung sino at ano ang citizenship ng mga magulang ni Senator Poe,” Vistan said.
(Perhaps the magistrates have agreed that if they would reach the majority on the issue of residence, they would not tackle the issue of citizenship to avoid the issue as they think that it is more controversial and the answer to such may change if the identity and citizenship of Senator Poe’s biological parents would be ascertained.)
“Maaring naiisip nila na kahit malaman pa kung sino ang mga magulang ni Senator Poe, hindi naman magbabago ang kakulangan niya sa aspeto na ten-year residence requirement,” he added.
(Maybe they are thinking that even if Senator Poe’s would be known, her lack of the 10-year residence requirement will not change.)
However, Vistan said it would still be best to just wait for the official release of the decision.
READ: ‘No one can predict what SC will do’ on Poe
“Kung ano pa man ang talagang lalabas na desisyon, dapat ang lahat ng mga partido sa kaso ay handang tanggapin ito at sumunod dito,” he said.
(Whatever the decision would be, all of the parties involved in the case must be ready to accept and abide by it.)
Vistan said he believes there is strong evidence that Poe failed to meet the 10-year residency and citizenship requirements.
While a possibility of issuing a decision only on residency, Vistan said he is hoping that the high court will also issue a ruling on her citizenship.
“Kaya kahit na pumasok pa sa isip ko dati na posibleng magkaroon ng hindi ganap na pag resolba sa lahat ng isyu sa pag disqualify kay Senator Poe, umaasa ako na sasagutin pa din ng Kataas-taasang Hukuman ang lahat ng mga katanungan na pinag-isipan at tinalakay na din ng publiko noong mga nakaraang buwan tungkol sa kung pwede bang tumakbo si Senator Poe sa pagka pangulo sa darating na halalan,” said Vistan.
(That’s why although I have thought that it is possible that not all the issues will be resolved on the disqualification of Senator Poe, I hope the high court will answer all the questions that have risen and discussed by the public in the last months on whether Senator Poe is qualified to run for president in the upcoming elections.)
Poe, an adopted foundling from Iloilo, migrated to the US to finish college and have a family. She became a naturalized US citizen in 2001 and acquired dual citizenship in 2006.Having returned to the country in 2005 following the death of her adoptive father Fernando Poe Jr., the senator insisted she has met the 10-year residency rule for the 2016 polls. To prove she had intended to settle back in the Philippines, Poe said she bought properties and enrolled her children in Metro Manila in 2005.
Those pushing for her disqualification said Poe continued using her US passport despite reacquiring her Philippine citizenship. RAM
READ: SC decision on mayor who used US passport ‘inapplicable to’ Poe case—lawyer
