The Constitution provides that for one to be qualified in the highest office of the land, he must be a natural-born citizen of the Philippines. Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship shall also be deemed natural-born citizens.
In a landmark decision promulgated by the Supreme Court en banc on March 8, these provisions in the Constitution were interpreted to consider a foundling found within the territory of the Philippines to be a natural-born citizen, thus, is qualified to run for the highest office in the land. This is the case of Grace Poe who was found abandoned as a newborn infant in the Parish Church in Iloilo, registered as a foundling with Filipino adoptive parents, renounced Filipino citizenship, acquired American citizenship and lived in the United States, reacquired Filipino citizenship, and now in the Philippines seeking for the highest position in the land.
To emphasize, the Court relied on two generally accepted principles of international law. The first is Article 14 of the 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws under which a foundling is presumed to have the "nationality of the country of birth”. The second is the principle that a foundling is presumed born of citizens of the country where he is found, contained in Article 2 of the 1961 United Nations Convention on the Reduction of Statelessness.
The Court said that while the Constitution’s enumeration is silent on foundlings, there is no restrictive language which would definitely exclude foundlings either. On its strictest sense, however, a foundling with unknown parentage could not fall within the purview of natural-born citizens as defined in the Constitution. The Court seemed to have absolutely relied on international law with less consideration on the attendant circumstances bereft of the intent of the lawmakers. Quoting the opinion of Atty. Melancio Sta. Maria, only the certitude of being a natural-born can provide a legal and objective standard to the questions of genuine attachment to the country and dedication to the affairs of the nation. Poe falls short of this genuine attachment for having renounced Philippine citizenship. She spent majority of her adulthood in the United States where she earned a degree in Political Science and later on acquired American citizenship thru his dual citizen husband. There she established her life and served in a scientific agency of the United States government.
The Constitution provides for the minimum qualifications for the highest office in the land. This does not mean, however, that it be interpreted with minimum standards and slightest scrutiny as well. I am not against the principle that a foundling whom parentage is unknown should be clothed with the right for a natural-born citizenship status of the country where he is found. But in Poe’s case, I consider it as an exemption to the rule. Her subsequent acts of renouncing Philippine citizenship and leaving for the United States are clear showing of disregard to the national interest. Were it not for the death of her father after the latter’s defeat in the 2004 Presidential elections, Poe would have not returned in the country.
A natural-born citizenship status is an inherent right and a privilege of Filipinos mentioned in the Constitution with a corresponding duty to maintain allegiance to the country. Strictly, allegiance must be regarded as one that is uninterrupted. Renouncing this would negate fealty not only to the laws of the nation but also to the people. In view of these principles, I stand against the ruling of the Supreme Court that Poe is a natural-born citizen of the Philippines.
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