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    Foundling Citizenship

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    Jackie Canlas
    1. The citizenship of a foundling in the Philippines would be determined by the citizenship of their adoptive parents under Article IV, Section 1(2) of the constitution, as there is no specific law or Supreme Court ruling on foundlings. 2. International law promotes reducing statelessness and the right to a nationality, and the 1961 UN Convention on the Reduction of Statelessness says a found child can be considered to have the nationality of the country they are found in, but the Philippines is not a signatory. 3. There are differing opinions on whether Grace Poe, who was adopted, qualifies as a "natural-born" citizen eligible to be president, with one view being that her adopted Fil

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    Foundling Citizenship

    Uploaded by

    Jackie Canlas
    444 views2 pages
    1. The citizenship of a foundling in the Philippines would be determined by the citizenship of their adoptive parents under Article IV, Section 1(2) of the constitution, as there is no specific law or Supreme Court ruling on foundlings. 2. International law promotes reducing statelessness and the right to a nationality, and the 1961 UN Convention on the Reduction of Statelessness says a found child can be considered to have the nationality of the country they are found in, but the Philippines is not a signatory. 3. There are differing opinions on whether Grace Poe, who was adopted, qualifies as a "natural-born" citizen eligible to be president, with one view being that her adopted Fil

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    Foundling Citizenship

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    1. The citizenship of a foundling in the Philippines would be determined by the citizenship of their adoptive parents under Article IV, Section 1(2) of the constitution, as there is no specific law or Supreme Court ruling on foundlings. 2. International law promotes reducing statelessness and the right to a nationality, and the 1961 UN Convention on the Reduction of Statelessness says a found child can be considered to have the nationality of the country they are found in, but the Philippines is not a signatory. 3. There are differing opinions on whether Grace Poe, who was adopted, qualifies as a "natural-born" citizen eligible to be president, with one view being that her adopted Fil

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    444 views2 pages

    Foundling Citizenship

    Uploaded by

    Jackie Canlas
    1. The citizenship of a foundling in the Philippines would be determined by the citizenship of their adoptive parents under Article IV, Section 1(2) of the constitution, as there is no specific law or Supreme Court ruling on foundlings. 2. International law promotes reducing statelessness and the right to a nationality, and the 1961 UN Convention on the Reduction of Statelessness says a found child can be considered to have the nationality of the country they are found in, but the Philippines is not a signatory. 3. There are differing opinions on whether Grace Poe, who was adopted, qualifies as a "natural-born" citizen eligible to be president, with one view being that her adopted Fil

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Re: Citizenship of a Foundling

    (There is no specific domestic law and no specific landmark case decided by the
    Supreme Court that would determine the citizenship of a foundling.)
    1. Citizenship in General The foundling acquires the citizenship of the
    adoptive parents.
    A. Article IV, Section 1(2) no qualifications
    (The following is Makalintals opinion, according to Hilbay. I remember him pointing
    this out during our Consti 1 class. As a matter of fact, this opinion has been all over
    the news lately because of the Grace Poe citizenship issue.)
    Providing neither conditions nor distinctions, the Constitution states that among the
    citizens of the Philippines are those whose fathers or mothers are citizens of the
    Philippines (Article IV, Section 1(2)). There is no cogent justification to prescribe
    conditions or distinctions where there clearly are none provided. Thus, the phrase
    fathers or mothers are citizens of the Philippines, may be interpreted to include
    adoptive fathers or mothers.
    B. Right to Nationality
    The trend under international law has been for the implementation of measures and
    legislation toward the reduction of statelessness. Article 15 of the 1949 United
    Nations Universal Declaration of Human Rights provides that everyone has the
    right to a nationality, and that no one shall be arbitrarily deprived of his
    nationality nor denied the right to change his nationality.
    The rights contained under said UN Declaration, including the right to a nationality,
    are highly considered as peremptory norms or universally accepted principles. Thus,
    local legislation on citizenship should always be interpreted in such a way as to
    promote a persons right to a nationality, and should be interpreted against the
    existence of statelessness.
    C. 1961 UN Convention on the Reduction of Statelessness
    The closest international treatise that can shed light on the citizenship of foundlings
    is the 1961 UN Convention on the Reduction of Statelessness which states that a
    child found in a certain country can "in the absence of proof to the contrary, be
    considered to have been born within that territory of parents possessing the
    nationality of that State (Article 2, Convention on the Reduction of Stateless
    Persons).
    The Philippines, however, is NOT a signatory to the 1961 convention.
    2. Grace Poes Case
    The citizenship required for a person to be elected President of the Philippines is
    that he should be a natural-born citizen of the Philippines. Article IV, Section 1

    defines who citizens of the Philippines are while Section 2 defines who natural-born
    citizens are. A person is a citizen of the Philippines if he falls under any of the items
    defined under Section 1. To be a natural-born citizen, it is required that citizenship is
    acquired from birth. In the Philippines, we follow the jus sanguinis principle which is
    citizenship by blood.
    Thus, if during birth, a persons father or mother is a citizen of the Philippines, and
    that person did not have to perform any act to acquire or perfect his Philippine
    citizenship, then he is a natural-born citizen of the Philippines. The only exception
    on the requirement of without having to perform any act to acquire or perfect their
    Philippine citizenship are those who elect Philippine citizenship in accordance with
    Article IV, Section 1(3), who shall be deemed natural-born citizens.
    With regard to Grace Poes case, Makalintal is of the opinion that Poe is a naturalborn Filipino, being the adopted daughter of Filipino parents. His bases are those
    enumerated above, under 1.A to 1.B. Furthermore, the concept of citizenship must
    be interpreted in conjunction with its Social Justice provisions of the 1935
    Constitution (which applies to Poes citizenship), which expressly provides that the
    promotion of social justice to insure the well-being and economic security of all the
    people should be the concern of the State (Article II, Section 5 of the 1935
    Constitution).
    (N.B. This opinion runs counter to the definition of natural-born citizens citizens
    from birth without having to perform any act to acquire or perfect their Philippine
    citizenship. There is no law that states that the rights acquired under the law by an
    adopted child retroact to the date of his or her birth. At most, it may be argued that
    at the time of Grace Poes adoption, she acquired the citizenship of her parents, but
    not the status of a natural-born citizen.)
    Roque, on the other hand, is of the opinion that a foundling does not enjoy a
    presumption of being a natural-born citizen. The Convention on Statelessness does
    guarantee a foundling the citizenship of the foundlings parents. This is not the
    same as the natural-born Filipino citizenship required of all candidates for President,
    Vice-President and Congress. Filipinos who are not natural-born can run for local
    posts but not for Congress and the Presidency.
    (N.B. This Philippines is NOT a signatory to the said convention.)

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