SET Decision - Summary

7/23/2019 SET Decision - Summary

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SET Decision

This resolves a Petition for Quo Warranto led with the Senate ElectoralTribunal (SET) seeking to unseat race Poe as Senator on thegrounds that! (a) she is not a natural born citi"en of the Phili##ines$

and (b) lacks the residenc% re&uire'ent

()*acts

race Poe was found on Se#te'ber +, -./0 at the Parish 1hurch of 2arob% 3r E'iliano 3ilitar

She was ado#ted when she was 4 %ears old b% *ernando Poe and Susan5oces

6n -..-, she 'arried Teodoro 7la'an"ares, a dual citi"en of Phili##ines

and 8S She beca'e a naturali"ed 'erican citi"en in 9::- and wasissued a #ass#ort

6n 9::/, she e;ecuted an oath of allegiance to the Phili##ines and ledwith the ationalit% b% the 8S ?ice 1onsul

6n 9:-+, she ran for Senator

(


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acce#ted #rinci#les of international lawas #art of Phili##ine lawrticle -A of the -.+: Dague 1onventionon 1ertain Questions 5elating to the1onict of >ationalit% 7aw states that!

child whose #arents are both unknownshall have the nationalit% of the countr% ofbirth @@@ foundling is, until the contrar%is #roved, #resu'ed to have been born onthe territor% of the State in which it wasfound

ccording to Cavid, thePhili##ines has not %etacceded to this

1onvention, so Section9, rticle 666 of the1onstitution does nota##l%

rticle 9 of the -./- 8> 1onvention onthe 5eduction of Statelessness #rovidesthat!

founding found in the territor% of a1ontracting State shall, in the absence of#roof to the contrar%, be considered tohave been born within the territor% of#arents #ossessing the nationalit% of thatState

ccording to Cavid, thePhili##ines has not %etacceded to this1onvention, so Section

9, rticle 666 of the1onstitution does nota##l%

rticle F of the 8> 1onvention on the5ights of the 1hild (8>151) #rovidesthat a child, fro' birth, shall have theright to ac&uire a nationalit%

ccording to Poe, thePhili##ines has ratiedthese conventions, and'ust therefore #erfor'its obligations under a

treat% in good faith,under the #rinci#le ofpacta sunt servanda.

ccording to Poe, the8>151 and the 611P5create an obligation onthe #art of thePhili##ines to recogni"ea foundling as its citi"enfro' the ti'e of birth

While neitherconventions were inforce when she wasborn in -./0, the% 'a%be a##lied retroactivel%,otherwise, itdiscri'inate against

rticle 94 of the -.// 6nternational

1ovenant on 1ivil and Political 5ights(611P5) #rovides that ever% child hasthe right to ac&uired a nationalit%


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foundlingsrticle -4 of the -.A0 8niversalCeclaration of Du'an 5ights (8CD5)#rovides that ever%one has the right to anationalit%

ccording to Poe, the8CD5 has been ado#tedb% the 8> eneralsse'bl% of which the

Phili##ines is a 'e'ber5 .994 or the 1iti"enshi# 5etention and5eac&uisition ct of 9::+

ccording to Poe, shevalidl% reac&uired hernatural born citi"enshi#when! (a) she took heroath of allegiance in9::/ under 5 .994$and (b) she e;ecuted an=davit of 5enunciationof llegiance to the 8Sand 5enunciation of

'erican 1iti"enshi# in9:-:

Celiberations of the -.+A 1onstitutional1onvention on citi"enshi# shows that thefra'ers of the -.+4 1onstitution did notintent to e;clude foundlings fro' naturalGborn Phili##ine citi"enshi#

(1)5ulings

- Poe is a naturalGborn citi"en of the Phili##ines

The -.+A 1onstitutional 1onvention shows that the fra'ers of

the -.+4 1onstitution did not intent to e;clude foundlingsfro' naturalGborn Phili##ine citi"enshi#, and intended to ado#tthe S#anish conce#t that children of unknown #arentage bornin S#anish territor% are considered as S#aniards

While Phili##ines is not a signator% to the Dague 1onvention

on 1ertain Questions 5elating to the 1onict of >ationalit% of7aw, its #rovisions are binding on the Phili##ines because thePhili##ines ado#ts the generall% acce#ted #rinci#les ofinternational law as #art of the law of the nation

rticle - of the -.+: Dague 1onvention #rovides that each

State 'a% deter'ine under its own law who are its nationalsThus, the SET believes that the fra'ers of the -.+41onstitution were su=cientl% e'#owered to create a class of


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naturalGborn citi"ens b% legal ction, as an e;ce#tion to thejus sanguinis rule (which is the citi"enshi# b% blood rule)

9 Poe reac&uired her naturalGborn *ili#ino citi"enshi# when she tookher oath of allegiance under 5 .994

+ Poe also alread% renounced her 'erican citi"enshi#, which wasa##roved b% the 8S when a 1erticate of 7oss of >ationalit% of the8nited States was issued b% 8S ?ice 1onsul in 9:--

A While Poe still used her 8S #ass#ort after taking the oath in 9::/,she was still a dual citi"en at that ti'e (since she has not renouncedher 'erican citi"enshi# %et) Therefore, her use of the #ass#ortwas in order 6n fact, she sto##ed using her 'erican #ass#ort aftershe renounced her 8S citi"enshi# in 9:-:

BAM ACQUINO Separate Opinion

Phili##ines adheres to the #rinci#les of the 1onvention of 5ightsof the 1hildren to have the right to a nationalit%, and the -.+:Dague 1onvention that a child whose #arents are both unknownshall have the nationalit% of the countr% of birth Thus, afoundling is #resu'ed to have been born in the territor% of theState in which heHshe was found, unless #roven otherwise

E;cer#ts of -.+A 1onstitutional 1onvention deliberations reveal

that the 1onstitution does not refer to foundlings, onl% because

the% are so few and far in between that it is not necessar% toinclude a #rovision on foundlings e;clusivel% Dowever, theintent is to recogni"e children born in a countr% of unknown#arents as citi"ens of this nation

The #resu'#tion is that those who have less in life should beaIorded the 'ost basic right 7ogic dictates that foundlings arenot naturali"ed nor stateless, but natural born citi"ens of thePhili##ines

JUSTICE CARPIO Dissenting Opinion() Poe is a *ili#ino citi"en, but she has failed to #rove that she is a G

naturalGborn *ili#ino citi"en

There is no custo'ar% international law #resu'ing a foundling

as a citi"en of the countr% where he or she is found


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o The -.0. 1onvention on the 5ights of the 1hild and the

611P5 #rovide that a child has the right to ac&uire anationalit% Dowever, the Phili##ines ratied the -.0.1onvention in -..:, whereas Poe was born in -./0 lso,

the 1onvention and the 611P5 'erel% guarantee the rightto ac&uire a nationalit%, but does not guarantee the child anationalit%, 'uch less a natural born nationalit% at birth

o The -.A0 8niversal Ceclaration of Du'an 5ights 'erel%

a=r's the right of ever% hu'an being to a nationalit%, butdoes not obligate states to auto'aticall% grant nationalit%,'uch less naturalGborn citi"enshi#, at birth

o The Phili##ines is not a signator% of the -.+: Dague

1onvention lso, in an% case, rticle -A 'erel% statesthat the foundling shall have the nationalit% of the countr%of birth, and does not #rovide that the foundling shall have

nationalit% at birth >aturalGborn citi"enshi# is notguaranteed here

o The -./- 1onvention on the 5eduction of Statelessness

#rovides that a 1ontracting State 'ust grant nationalit% toa #erson born in its territor% who would otherwise bestateless Dowever, the Phili##ines is not a signator% tothis 1onvention 6n an% case, the 1onvention does not#rovide auto'aticall% that a foundling is a citi"en at birthof the countr% where he or she was found

The general #rinci#le of international law a##licable to

foundlings is that a foundling is considered to be do'iciled in thecountr% where he or she is found, but not considered to have anationalit% at birth

*or a foundling to be granted citi"enshi#, it is necessar% that the

childJs status as a foundling be rst established 6n thePhili##ines, an ad'inistrative investigation 'ust rst beconducted to verif% that the child is of unknown #arentageSince a foundling has to #erfor' an act to ac&uire Phili##ineciti"enshi#, a foundling can onl% be dee'ed a naturali"ed *ili#inociti"en

Documents

SET Decision - Summary