Comelec exec changes stand on Poe’s residency issue

MANILA, Philippines – After voting earlier that Sen. Grace Poe failed to meet the residency requirement for presidential candidates, Commission on Elections (Comelec) Commissioner Luie Tito Guia has changed his mind after reviewing the senator’s two motions for reconsideration (MRs).

In his separate opinions for Poe’s MRs concerning her Dec. 1 and Dec. 11 disqualification by the Comelec’s Second and First Divisions, respectively, Guia said he found that “there is no falsity insofar as the period of residency is concerned.”

“I am… reconsidering my position as to the residency of respondent. I find that respondent was able to prove that she has satisfied the 10-year residency qualification required for a president under the Constitution,” he said.

Guia earlier voted to grant the petitions filed at the First Division by former senator Francisco Tatad, De La Salle University professor Antonio Contreras and former University of the East College of Law dean Amado Valdez to cancel Poe’s certificate of candidacy for president with “deep regret” as she is a leading candidate.

He opined then that Poe was still an American citizen in May 2005 and he was not convinced that she had the intention to stay in the Philippines permanently.

But after examining Poe’s MRs, Guia found that she can be considered to have effectively transferred her domicile from the United States to the Philippines as of May 2005.

“The motion for reconsideration allowed me to revisit and re-evaluate my position on the issue pertaining to the sufficiency of respondent’s residency. I also had the opportunity to take a second look at the undisputed facts and circumstances as they relate to existing case precedents on the matter,” he said.

The official said that citizenship and residency should be treated separately.

Guia had given weight to some factual claims of Poe, such as that in the first quarter of 2005, she had informed the schools in the United States where her two children were enrolled that they would be transferring to the Philippines.

It was also then when Poe and her husband started looking for a buyer for their house in the US and commenced their plan to relocate their “movable property to the Philippines.”

“All her acts and conduct point to her intention to transfer residence to the Philippines. I find, upon second look, that indeed, said intent has been present as of May 2005. Evidence abound to prove this matter,” he said.

Still a candidate

Meanwhile, Poe aired her confidence that the Supreme Court (SC) would rule in her favor once it goes over her petition challenging the ruling handed down by the Comelec against her.

Poe’s lawyer George Garcia has indicated that the petition would be filed tomorrow even though the SC is currently in recess.

The SC is on recess until Jan. 10 but under its internal rules, when there is a case that requires urgent action, the chief justice or chairman of a division of the court can issue temporary restraining orders or status quo ante orders without holding a session of the justices.

These orders must be confirmed by the majority of the justices when sessions resume, which is on Jan. 11 for the divisions and Jan. 12 for the full court.

“We are confident that, giving due consideration to the strong evidence, jurisprudence and pertinent principles and precepts, the justices will uphold our cause and the right of the people to a genuine choice in the elections,” Poe said.

Last Wednesday, the Comelec in full session came out with a ruling on all four petitions it received aimed at disqualifying Poe as a presidential candidate.

The camp of Poe questioned the timing of the ruling, which came when all government offices are on break.

Poe previously said that the ruling of the Comelec was expected and that she hopes to get fairer treatment in the SC.

The Comelec has stated that Poe’s name will remain on the ballot for the 2016 elections unless she fails to get relief from the SC.

“I assure everyone that I am still a candidate for president. Let us fight for genuine democratic elections, where Filipinos are allowed to choose their leaders. The ambitions of a few should never be allowed to subvert the will of the majority,” Poe said.

Amid the troubles she is facing with her presidential bid, Poe spent Christmas in Hong Kong with her family.

Walking around Hong Kong with her daughter, Poe chanced upon a gathering of overseas Filipino workers organized by Migrante International and was asked to address the OFWs.                                                        

Poe told them there that if she wins as president, every cent that goes to the coffers of the government would not be stolen and will be used for the benefit of all Filipinos.

“I can assure you that I am not a crook and whatever the government earns, every centavo will go to the benefit of the people. That is how I was raised by my father FPJ,” Poe said, referring to the late actor Fernando Poe Jr.

Poe acknowledged the contributions of the OFWs to the Philippine economy, which she said came with great sacrifice since they had to leave their families behind to find work overseas.

She vowed to work on providing opportunities for all Filipinos so that the time would come when no one has to leave the country in order to make a better living. – With Marvin Sy