Why US passport case can’t affect Grace Poe
Grace Poe cannot possibly be affected by the Supreme Court’s recent affirmation of the removal of Kauswagan Mayor Rommel Arnado. He used his US passport after he renounced US citizenship, thus casting doubt on this renunciation.
The only way the ruling could affect Poe is if her alleged use of a US passport makes her a US dual citizen under Philippine law, but a Philippine citizen under US law. This is logically and legally impossible.
The real question is: Was Poe lying that she was not a US citizen in her 2015 certificate of candidacy (COC) for president?
Using a US passport in itself does not disqualify a candidate. The actual ground is misrepresenting one’s citizenship in a COC.
The common sense answer is that Poe could not possibly be a US citizen in 2015. Poe renounced her US citizenship before a Philippine notary in 2010. She renounced this again before a US consul in 2011.
The US government formally accepted her renunciation in 2012. It issued a formal Certificate of Loss of Nationality, stating the renunciation was effective in 2010, when Poe accepted a senior Philippine government position. This certificate was submitted to the Senate Electoral Tribunal months ago and is available on the Internet.
The US government obviously does not treat Poe as a US citizen. She would need a visa to enter the US like any foreigner.
Poe denies this, but her opponents claim she continued to use her US passport in 2010 and 2011. Even if this were true, it cannot possibly make her a US citizen when the US government officially declared her a noncitizen in 2012. No Philippine court or agency can declare someone a US citizen when the US government itself says the person is not.
The US passport issue against Poe, despite being blatantly illogical, would prejudice returning overseas Filipino workers (OFWs) who wish to run for public office. We need to be more critical when we analyze the rights of OFWs, who are subject to the laws of multiple countries. This is precisely why some justices strongly objected in the Arnado line of cases.
