He said the Second Division deliberately disregarded the doctrine of animus revertendi
, or having the intention to return, which was cited by the Supreme Court in allowing former first lady Imelda Marcos to run as representative of Leyte in Congress in 1995.
The widow of the late Interior Secretary Jesse Robredo and running mate of Liberal Party standard-bearer Mar Roxas said the principle of animus revertendi may be used against Poe in blocking her presidential bid.
A legal concept, animus revertendi refers to a candidate's intent to return to his or her residence during a period of time.
Earlier, Senate President Franklin Drilon had pointed out the doctrine of animus revertendi or the "intention to return" in insisting that Poe is qualified to run in the 2016 elections.
But Agabin branded as "legal fiction" the doctrine on animus revertendi.
Drilon cited the principle of animus revertendi
or intention to return when sought to react to Navotas Representative Toby Tiangco's statement that Poe isnot qualified to run for either president or vice president in 2016 as she allegedly fails to meet the 10-year residency requirement in the Constitution.