Poe lawyer questioned: Why did she have to give up PHL citizenship?

The counsel of Sen. Grace Poe on Monday was questioned about her renunciation of Philippine citizenship during the oral arguments on her petition to reverse the Commission on Elections' cancellation of her candidacy for the 2016 elections.

Justice Mariano Del Castillo asked Alexander Poblador, Poe's lawyer, about her move to renounce her citizenship when she acquired her husband's American citizenship.

"After living there for 10 years, in 2001, she decided to be an American. 'I'll give up my Philippine citizenship.' Was there an impediment for her to do that? Was there an impediment for her to remain in the States as a Philippine citizen? She could've just stayed there, perhaps just like any green card holder. There was no compulsion for her to become an American citizen," said Del Castillo, who noted how Poe had a good life in the Philippines and the United States, having studied in the best schools and lived in affluent neighborhoods.

"I don't see any reason why she had to give up her Filipino citizenship, go to the States, become an American citizen," Del Castillo added.

Poblador responded that Poe was facing "peculiar" circumstances in 2001 after the 9/11 attacks on the World Trade Center in New York.

"There was general suspicion against foreigners or permanent residents who refused to become citizens. Because of that situation it was even difficult for permanent residents to find jobs," Poblador said.

"She was a typical wife, she wanted to help her husband raise and finance a family, so she decided she had to take a job on her own. And the only way to do that was to become a naturalized US citizen," he added.

Poblador noted that this was not a unique situation, but rather a typical one facing Filipinos in the United States.

Use of passport

Del Castillo also questioned Poe's continued use of a United States passport after acquiring a Philippine passport in 2009.

Poblador replied: "Until she renounced under oath her US (citizenship) on October 20, she was a dual citizen, she had a right to use either passport. I think it's common knowledge that if you have a US passport, it's easier to enter the United States or to travel abroad."

He added that this was a practical matter with no implication on Poe's allegiance to the Philippines.

Del Castillo, meanwhile, raised the possibility of Poe traveling to other countries using her American passport during this period.

"I'd like to know whether she traveled also to other countries other than the States. I'd like to find out, was she using her American passport or her Philippine passport? Remember she had already been issued a Philippine passport by this time," said Del Castillo.

The SC associate justice also asked whether Poe had used her American passport after renouncing her US citizenship, which Poblador admitted would mean a recantation of her renunciation.

Poblador, however, maintained that Poe's last use of her American passport on March 2010 while her sworn renunciation was on October 2010.

Balikbayan visa

Del Castillo also took issue with Poe's use of a balikbayan visa when she returned to the country on May 24, 2005.

The justice said that if Poe was really planning to stay in the country for good, she could have used a returning resident visa or an immigrant certificate of residence. He said these were "more permanent in character."

"She wants to re-establish herself [in the Philippines], but why use a balikbayan visa," Del Castillo asked Poblador.

According to the Bureau of Immigration website, a balikbayan may be "a former Filipino citizen and his family who had been naturalized in a foreign country and comes or returns to the Philippines."

"Those who are admitted as Balikbayans are given an initial stay of one (1) year," the website reads. "They may extend their stay for another one (1), two (2) or six (6) months provided that they present their valid passport and filled out the visa extension form and submit it to the Visa Extension Section in the BI Main Office or any BI Offices nationwide."

Poblador said that under Republic Act No. 9225, she didn't need a returning resident visa.

"You can even reacquire Philippine citizenship even while abroad," Poblador said.

Poblador said from May 2005 to July 2006, when she eventually reacquired her Filipino citizenship, Poe traveled to the US only on four occasions and stayed there for only 40 days.

He said Poe got her Filipino citizenship back after only a little over a year.

"I don't think there was an undue delay on her part," Poblador said.

Renunciation of US citizenship

When asked why Poe renounced her US citizenship, Poblador reasoned that it was because of Poe's appointment as chairman of the Movie and Television Ratings and Classification Board.

"So you're saying had the President not appointed her chairman of the MTRCB, she would not have renounced her American citizenship?" Del Castillo asked.

Poblador replied: "She would still be a duel citizen at that point."

Despite this, Poblador argued that Poe had made her intention to relocate to the Philippines permanently by 2005, with the idea of eventually renouncing her US citizenship.

"She waited here for four years. Perhaps she was testing the waters. I would like to find out. We could not really determine," Del Castillo said. "Maybe if things didn't happen to her as she wanted, maybe she could have gone back there [in the US]."

Poblador said, "Your Honor, she would have been a dual citizen in that point, but we have to remember in her case, relocation was not instant."

He added that his client has shown intent from the start to remain in the Philippines.

Del Castillo, however, pointed out, "Four years... She waited, and she had to wait until she got her appointment."

When Poblador pointed out that Poe was a dual resident during those four years, Del Castillo replied, "Yes, but as a dual citizen, you're not allowed to be president of the Philippines."

Poblador, in turn, replied, "Yes, before she could run for president, she had to renounce her US citizenship and she had done that."

"Insofar as the requirements of law are concerned, I think she followed the law completely, she followed the law," Poblador added. "Maybe we can make judgment to the effect—perhaps she should have renounced her US citizenship earlier—but there are not any legal arguments against her eligibility today that she's running for the office of the president."—JST/NB, GMA News