RESIDENCY

Poe wrote in her COC in the 2013 elections that she had been a Philippine resident for 6 years
and 6 months. It should mean Tiangco argued that in 2016 she shall have been a resident for
only 9 years and 6 months.
Poe said she "err[ed] on the side of prudence" when she wrote the date in her COC, but that the
count should start from February 2005 when she decided to stay in the Philippines for good.
Poe got support from legal experts, who cited a case involving Imelda Marcos, which they said
settled the issue through the animus revertendi doctrine "with intention to return. "The
intention to return to your place of origin is the basis of residence, and not actual, physical
residence," said La Via.
Roque said the doctrine doesn't apply because, unlike Marcos, Poe was a US citizen. The count
should begin from the date she renounced her US citizenship, which Poe said was "sometime
October 2010."
The doctrine of animus revertendi
In a Facebook post, Ateneo School of Government Dean Antonio La Via underscored the flaws
in Tiangco's revelations, quipping that "somebody forgot his constitutional law."
La Via said the "settled doctrine" of animus revertendi applies in Poe's case. Animus revertendi
is a Latin phrase that means "with the intention to return."
"The intention to return to your place of origin is the basis of residence, and not actual, physical
residence," La Via told Rappler in a text message.
Critics earlier brought up the issue over Poe's citizenship, which the senator dismissed.
Poe said she used to hold dual citizenship but she was born in the Philippines and renounced her
US citizenship before joining government.

Oath of allegiance to PH
For De La Salle University professor and political analyst Antonio Contreras, meanwhile, the
residency count should start from July 7, 2006, when Poe took an Oath of Allegiance to the
Republic of the Philippines. With this count, Poe would still fall short of two months.

Contreras cited the 2002 case of Coquilla vs Comelec, where the Supreme Court (SC) upheld the
decision of the Comelec in ordering the cancellation of the COC of Teodulo Coquilla for mayor
of Oras, Eastern Samar, in the May 14, 2001 elections.
The SC said the term "residence" refers to domicile or legal residence the place where one has
a permanent home, and where he intends to return or remain. But in the 2002 case, Coquilla lost
his domicile of origin when he became a US citizen.
"By having been naturalized abroad, he lost his Philippine citizenship and with it his residence in
the Philippines. Until his reacquisition of Philippine citizenship on November 10, 2000,
petitioner did not reacquire his legal residence in this country," the decision read.
For Contreras, this is the controlling jurisprudence in Poe's case.
Return to PH

When Poe filed her COC for the 2016 elections, she wrote that her period of residence in the
Philippines up to the day before elections is 10 years and 11 months.
Her count started from May 24, 2005, when she returned to the Philippines after they, as a
family, decided to stay here.
According to Garcia, there are 3 prerequisites to establish residence in the Philippines: intent to
remain, physical presence, and intent to abandon the former domicile.
"When it comes to the issue of residency, you always look at the totality. You cannot look
singularly at each and every evidence," he said.
Their basis is Poe's sworn questionnaire in 2011, when she executed an Oath/Affirmation of
Renunciation of Nationality of the United States (US) before the Vice Consul at the US Embassy
in Manila. On page 4 of the questionnaire, Poe wrote:
"I became a resident of the Philippines once again since 2005. My mother still resides in the
Philippines. My husband and I are both employed and own properties in the Philippines. As a
dual citizen (Filipino-American) since 2006, I've voted in two Philippine national elections. My
three children study and reside in the Philippines."
Garcia said when Poe wrote that, the senator then had "no inkling, no intention yet" to run "for
even the barangay (village) chairman."
"That was a declaration under oath. As far as the respondent is concerned, to her mind, she had
been a resident of the Philippines since 2005, she had bodily presence since May 24, 2005

immediately after the death of her father, she returned to the Philippines to join her grieving
mother," the lawyer explained
A month after her return to the country, Poe's children already started attending Philippine
schools, while in July 2005, she secured her Philippine Taxpayer's Identification Number (TIN)
to settle her father's estate.
http://www.rappler.com/?
option=com_rappler&task=search&language=english&q=grace+poe+citizenship
http://www.rappler.com/nation/politics/elections/2016/116933-full-text-comelecandres-bautista-dissent
http://www.rappler.com/nation/politics/elections/2016/119361-explainer-supremecourt-issues-grace-poe
http://www.rappler.com/nation/politics/elections/2016/119554-supreme-court-oralarguments-mariano-del-castillo
http://www.rappler.com/nation/politics/elections/2016/120351-leonen-grace-poeburden-proving-citizenship
http://www.rappler.com/nation/politics/elections/2016/121269-drilon-grace-poe-dualcitizenship-natural-born
http://www.rappler.com/nation/politics/elections/2016/121134-sereno-comelecevidence-grace-poe-citizenship
http://sc.judiciary.gov.ph/microsite/poe/221697-petition-bautista-reyes.pdf
http://sc.judiciary.gov.ph/microsite/poe/221697-memo-osg.pdf

The 22 documents she submitted as annexes to her reply included:

Senator Grace Poes Original Certificate of Live Birth

Decision of the Municipal Trial Court of San Juan, Rizal granting FPJs and Susan Roces
Petition to adopt Grace Poe

Poes New Certificate of Live Birth

Poes 1986 voters identification card issued by the Commission on Elections

Poes passports issued by the Department of Foreign Affairs in 1988, 1993, 1998, 2009,
and 2014

Poes Tax Identification Number ID card issued by the Bureau of Internal Revenue

Poes sworn petition filed with the BI to reacquire her natural-born Philippine citizenship
pursuant to Republic Act Number 9225

Poes Oath of Allegiance to the Philippines under RA 9225

Poes petitions for derivative citizenship on behalf of her 3 children

Office Order Number AFF-06-9133 granting Poes petitions issued by the Bureau of
Immigration (BI)

BI-issued Identification Certificates in Poes name and in the names of her 3 children

Stub of Poes application form when she registered as a voter at Barangay Santa Lucia,
San Juan City, on 31 August 2006

Poes appointment as MTRCB chairperson

Poes Affidavit of Renunciation of Allegiance to the United States of America and

Renunciation of American Citizenship dated 20 October 2010

Poes transmittal letter (containing her Affidavit of Renunciation) to the BI

Poes Oath of Office as MTRCB chairperson dated 21 October 2010

Poes Oath/Affirmation of Renunciation of Nationality of the United States dated 12 July

2011 executed before the Vice Consul at the USA Embassy in Manila

Poes accomplished sworn Questionnaire before the US Vice Consul

Certificate of Loss of Nationality of the United States issued by the U.S. Vice Consul
attesting that under USA. laws, Poe lost her USA citizenship effective 21 October 2010
when she took her oath of office as chairperson of the MTRCB

Last page of Poes USA passport reflecting that Poe lost her USA citizenship effective 21
October 2010

Poes Certificate of Candidacy for Senator

Rizalito Davids Affidavit-Complaint filed with the COMELEC Law Department