Overview

Is Senator Grace Poe legible to run for presidency this coming 2016 presidential elections? The
issue was raised by United Nationalist Alliance interim president and Navotas Rep. Toby
Tiangco assailing Poes legibility for candidacy with regards to her residency and citizenship.
Residency under Article 7 of the constitution is equivalent with domicile. In relation with the
issue, Senator Grace Poe is a domicile of the Philippines the reason being: she intends to stay in
the Philippines, she abandoned her old domicile in the US, and her physical presence in the
Philippines. Thus, Senator Grace Poe is legible to run for presidency.
Its election time again here in the Philippines. This is the moment where the Filipino people, as
a democratic and republican state, gather and exercise their sovereignty to choose someone who
will represent their aspirations, hopes, and dreams.
During election period in the Philippines, media networks, newspapers, and other medium of
advertisement will again be flooded by faces who promise change. These faces will try to
serenade the people for them to be elected, while some will try to buy them. This is also the time
where those who aspire to lead are criticized.
Senator Grace Poe is facing a great obstacle if ever she decides to run for presidency. Her
citizenship and residency are being exposed to be her kryptonite in the coming election on 2016.
This issue was raised by United Nationalist Alliance interim president and Navotas Rep. Toby
Tiangco.
Tiangco came before members of the press with a copy of Poe's certificate of candidacy when
she ran for the 2013 elections, saying that the senator is not qualified to run for higher post in
next year's elections because she doesn't meet the 10-year residency requirement. In her COC,
Poe put six years and six months under "Period of residence in the Philippines before May 13,
2013." Counting from there, she would be six months short of the requirement in the May 2016
elections, Tiangco said then. Also, Tiangco said then that the senator could be held liable for
perjury if her declaration in her COC was not accurate as the certificate was a sworn document.
Other than her residency issues Senator Grace Poe is faced with a problem with regards to her
citizenship. The Senator in her historical background was born on September 3, 1968 in Iloilo
City. Her biological parents are unknown and she was found abandoned as a baby by a woman.
Moreover, she studied, stayed, got married, and enjoyed her life abroad particularly the US.
Who are legible to run for presidency? Article 7 of the Philippine constitution would give the
answer. Article 7 Section 2 on Executive Department lays down the requirements to be a
president of the Philippines: No person may be elected President unless he is a natural-born
citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.
Is Senator Grace Poe a natural-born citizen? Is she a resident of the Philippines for at least 10
years? Article 4 Section 1 of the Philippine Constitution on Citizenship provides the details on
ascertaining the citizenship of an individual claiming to be a Filipino citizen. The following are

citizens of the Philippines: Those who are citizens of the Philippines at the time of the adoption
of this Constitution; Those whose fathers or mothers are citizens of the Philippines; Those born
before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the
age of majority; and Those who are naturalized in the accordance with law.
Article 4 Section 1 paragraphs 3 of the Philippine Constitution is one point that is criticized
against Sen. Grace Poe. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine Citizenship upon reaching the age of majority. She was found as an infant abandoned
by her parents in Iloilo by the parish priest of Metropolitan Cathedral. Thus she doesnt know of
her biological parents. How can she elect Philippine Citizenship upon reaching the age of
majority if her biological parents are unknown? However she was adopted by Filipino couples
nonetheless.
Is Article 7section 2 on Executive Department delimits Senator Grace Poe with regards to her
citizenship? The Constitution states: No person may be elected President (or Vice President)
unless he is a resident of the Philippines for at least 10 years immediately preceding such
election. In election law, residence is equated with domicile, not necessarily with a persons
home address. A man may have several places of residence but has only one domicile. Or he may
be a nomad or travelling salesman with no permanent home. Nonetheless, the law recognizes one
domicile for him.
There are three kinds of domicile under the New Civil Code of the Philippines: 1) domicile of
originthat is, a child follows the domicile of the parents; 2) domicile by operation of law; and
3) domicile of choice made freely by a person of legal age.
Domicile of choice imports not only the intention to reside in one fixed place but also personal
presence in that place, coupled with conduct indicative of such intention. Domicile denotes a
fixed permanent residence to which, when absent for business or pleasure or for like reasons, one
intends to return. In short, domicile of choice is a question of fact.
Settled jurisprudence recognizes three rules to determine a persons domicile: First, everyone
must always have one of the three kinds of domicile; second, once established, a domicile
remains the same until a new one is acquired; and third, a person can have only one domicile at
any given time.
Applying these legal concepts to Sen. Grace Poe, as a foundling found in Jaro, Iloilo, she
acquired the domicile (and citizenship) of her parents who, according to generally-accepted
principles of law, are presumed to be Filipinos. So, her domicile of origin is Jaro, Iloilo. After
she married an American and moved to and worked in the United States, she lost her domicile of
origin and followed the domicile of her husband in America. When she and her husband moved
back for good here after the death of Fernando Poe Jr., she acquired a new domicile of choice in

the Philippines. As to when she acquired it depends, on her clear intention, conduct and physical
presence in the new location.
Therefore, Going back to the issue raised by Navotas Rep. Toby Tiangco, Senator Grace Poe did
make a mistake in her COC in indicating her residence in her certificate of candidacy for the
Senate to be only six years and six months is not binding proof of the length of her domicile
here. What is important is that she intends to stay in the Philippines as her domicile of choice.
Thus, she is more than qualified of the 10 year residency requirement asked by the constitution.