Friday, March 18, 2016

Constitutionally Mandated



The May 2016 elections is just barely two months away and the Supreme Court has just ruled one of its biggest issues, it is regarding the eligibility of one of the candidates for Presidency- Mary Grace Natividad S. Poe-Llamanzares.

The SC ruled in favor of Grace Poe to run for President. They gave credit to her error in stating her time of residency as a mistake in good faith and her citizenship on the probability of her being born to Filipino parents.

Personally, I do not see that she has effectively met these requirements. I do think that she has the burden of proving her eligibility and that she meets all the requirements for such position, just like any job that one wishes to enter. No employer would want an employee who lacks their minimum requirement. Our issue at hand is not a simple one, it is aiming for the highest and most powerful position of the land. It should not be taken lightly just like any other job offerings. The evidence should not only be convincing but clear as well.

The Constitution is clear, a natural-born status is required for a President. International laws and principle requires a state to extend citizenship to foundlings found within their territory. It does not necessarily mean that it has to be a natural-born status as long as citizenship is granted. This is for the reason that stateless persons could associate themselves with a state. There are things that the law grants, and there are things which it does not.

In case the law really intended foundlings to be natural-born citizens and that RA 9225 would confer back to her such status, she still lacked the necessary time for her to run. Before she took her Oath of Allegiance to the Republic of the Philippines, or before July 2006, pursuant to RA 9225, she is residing in the country not as a Filipino but as an American. By analogy, the Constitution requires that a Filipino should be residing in the Philippines for ten years prior to the day of elections. Our laws are strict when it comes to counting days, 364 days would not be counted as a year. I believe that the reason for the ten year residency is that a Filipino would have some time to grasp what is happening in her country and to be able to sympathize with her countrymen. It is very much accepted that one who knows they are a Filipino would essentially think for Filipinos, while an American for Americans. Some people change citizenship because they chose to be with the country in which such citizenship is conferred. Choosing citizenship is choosing on who to be nationalistic to, nationalism is patriotism.

These are matters that we all should take very seriously because it affects not only the majority but all of the Filipinos worldwide. She should effectively meet what is required of her, otherwise, it cannot be said that she is fit for the job. Dura lex, sed lex.

No comments:

Post a Comment