Foundling
Foundling
Foundling
POE-LLAMANZARES V.
COMELEC
GR NO. 221697; 08 MARCH 2016
2
WHO ARE
FOUNDLINGS?
The Certificate issued by the DSWD Secretary serves as the sole basis for the
issuance of a Foundling Certificate by the Local Civil Registrar
(Republic Act No. 9523)
AM NO. 02-6-02 SC: RULES ON
ADOPTION
Petition for Adoption of Foundlings must allege the following:
Effect of Rescission of Adoption of the Adoptee
who is a foundling
The Court shall order the adoptee to use the name
stated in the foundling certificate. It shall likewise
order the cancellation of the new birth certificate
and reinstatement of the foundling certificate.
POE-LLAMANZARES
GR 221697
VS 08 March 2016
COMELEC ET AL.
FACTS OF THE
CASE
Returned to the
Abandoned in a
Philippines to
church in Jaro, Adopted by Studied abroad. Became an support her
Iloilo and 3 Fernando Poe, Got married and American father’s
days later was Jr and Susan settled abroad citizen candidacy and
registered as a Roces
later his
foundling
passing
8
FACTS OF THE
CASE
9
WHETHER SHE IS A NATURAL-BORN
FILIPINO
10
WHETHER SHE IS A NATURAL-BORN
FILIPINO
11
CONCURRIN
G OPINIONS
CONCURRING
OPINION
JUSTICE
JUSTICE CAGUIOA
JARDELEZA
13
CONCURRING
OPINION
On Citizenship
The Burden on proof is the duty of a party to prove the truth of JUSTICE VELASCO
a claim or defense or any fact in issue by evidence required by
law. The private respondents had not presented even an iota
of proof to show that Sen. Poe was not born to Filipino
parents.
22
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• There was no material misrepresentation as to a
matter of fact. There was no intent to deceive.
Petitioner, even as a foundling, presented
enough facts to make a reasonable inference
that either or both of her parents were Filipino
citizens when she was born.
• Petitioner's admission that she is a foundling
125 was enough substantial evidence on the part of
100
private respondents to discharge the burden that
75
50
rested upon them as petitioners before the
25
Commission on Elections.
0
April May June July
23
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• To consider petitioner, a foundling, as
not natural-born will have grave
consequences. Naturalization requires
that petitioner is of legal age. While it is
true that she could exert time and
extraordinary expense to find the parents
125
who might have abandoned her, this will
100
75
not apply to all foundlings. Thus, this
50 approach will concede that we will have
25
0
a class of citizens who are stateless due
April May June July to no fault of theirs.
24
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• The statutes providing for adoption only
allow the recognition of filiation for
children who are Filipinos. They allow
adoption of foundlings. Therefore,
foundlings are, by law, presumed to be
Filipino.
125 • Petitioner was likewise provided a
100
75
foundling certificate after she was found.
50 She was also the subject of an adoption
25
0
process.
April May June July
25
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• The Commission on Elections assails the
finding that petitioner's blood
relationship with a Filipino was
"demonstrable."This Court cannot rely
on statistics as statistics does not
establish bloodline. This was not
125
substantial evidence, but merely
100
75
speculative evidence. Statistics cannot
50 be the basis of a finding that the
25
0
Commission on Elections gravely
April May June July abused its discretion in cancelling
petitioner's Certificate of Candidacy.
26
DISSENTING
OPINIONS
DISSENTING
OPINION
On the burden of proof
The petitioner, bringing the case to the SC on certiorari, has the burden of
proof in showing the allegations therein. She must show that there were no
material misrepresentations in her COC JUSTICE BRION
Citizenship
Foundlings
Foundlings are not treated differently on the basis of race, national origin,
alienage, or religion. It is the lack of information of their birth due to unknown
parentage and the jus sanguinis standard that exclude them from being
natural-born citizens. It is a distinction that the Constitution makes.
30
FOUNDLIN
GS
31
FOUNDLIN
GS
Nam liber tempor cum soluta nobis eleifend Nam liber tempor cum soluta nobis eleifend
125
100 Function of Extrinsic Aid Such as the
option congue nihil imperdiet doming id
quod mazim placerat facer possim assum.
option congue nihil imperdiet doming id
quod mazim placerat facer possim assum.
Typi non habent claritatem insitam; est Typi non habent claritatem insitam; est
75
50 Deliberations of the 1934 Constitutional
usus legentis in iis qui facit eorum
claritatem. Investigationes demonstraverunt
usus legentis in iis qui facit eorum
claritatem. Investigationes demonstraverunt
lectores legere me lius quod ii legunt lectores legere me lius quod ii legunt
25
0
Convention
saepius. Claritas est etiam processus
dynamicus, qui sequitur mutationem.
saepius. Claritas est etiam processus
dynamicus, qui sequitur mutationem.
April May June July
32
deliberations did not evince the collective intent of the members of
the 1934 Constitutional Convention to include "foundlings" in the
list of Filipino citizens in the Article on Citizenship.
1934 CONSTITUTION
33
FOUNDLIN
GS
Nam liber tempor cum soluta nobis eleifend Nam liber tempor cum soluta nobis eleifend
125 option congue nihil imperdiet doming id option congue nihil imperdiet doming id
100
75 Probabilities/Possibilities Based on
quod mazim placerat facer possim assum.
Typi non habent claritatem insitam; est
usus legentis in iis qui facit eorum
quod mazim placerat facer possim assum.
Typi non habent claritatem insitam; est
usus legentis in iis qui facit eorum
50
25 Statistics
claritatem. Investigationes demonstraverunt
lectores legere me lius quod ii legunt
saepius. Claritas est etiam processus
claritatem. Investigationes demonstraverunt
lectores legere me lius quod ii legunt
saepius. Claritas est etiam processus
0 dynamicus, qui sequitur mutationem. dynamicus, qui sequitur mutationem.
April May June July
34
“Statistics have never been used to prove paternity or filiation. With more
reason, it should not be used to determine natural born citizenship, as a
qualification to hold public office, which is of paramount importance to
national interest. The issue here is the biological ties between a specific or
named foundling and her parents, which must be supported by credible
and competent evidence.
We are not dealing with the entire population of our country that will
justify a generalized approach that fails to take into account that the
circumstances under which a foundling is found may vary in each case.”
c
PROBABILITIES/POSSIBILITIES BASED
ON STATISTICS
35
FOUNDLIN
GS
Nam liber tempor cum soluta nobis eleifend Nam liber tempor cum soluta nobis eleifend
36
JUSTICE ESTELA M. PERLAS-
BERNABE
DISSENTING OPINION
• Poe has shown no evidence of blood
relation to a Filipino parent to prove
that she acquired Filipino citizenship
by birth under the jus sanguinis
principle.
37
JUSTICE ESTELA M. PERLAS-
BERNABE
DISSENTING OPINION
• She argues that foundlings should be
considered as natural-born Filipinos based
on the 1935 Constitution, however it
never carried over any proposed provision
on foundlings being considered or
presumed to be Filipino citizens.
125
100 • Her abandonment in the RP is just a
75 restatement of her foundling status, while
50
her physical features only tend to prove
25
0
that her parents likely had Filipino features
April May June July yet it remains uncertain if their citizenship
was Filipino.
38
JUSTICE MARIANO C.
CASTILLO
DISSENTING OPINION
• Poe could not rely on the presumption
under Art. 2 of the 1961 Convention on the
Reduction of Statelessness that a foundling
found in the territory of a contracting state
is born to “parents possessing the
nationality of that State” since:
125
100 First, RP could not be considered as a
75 contracting state since it did not ratify/accede to
50
the 1961 Convention
25
0
on the reduction of Statelessness.
April May June July
39
JUSTICE MARIANO C.
CASTILLO
DISSENTING OPINION
Second, even if it ratified it will not have
any retroactive application and, it has not yet
ripened into customary international law to
bind RP.
40