Under our law, the decisions of the Supreme Court shall form
part of the law of the land; such power vested must be exercised wisely and
with caution. In the recent Supreme Court decision with regard to the issues
surrounding Sen. Grace Poe’s qualification as President, the Supreme Court ruled
on the issues regarding the COMELEC’s Jurisdiction, Poe’s Parents, Foundlings as
natural born citizens, etc.
The focus of this writing shall focus on Poe’s
citizenship whether her parents are Filipinos and foundlings are natural-born
citizens.
On the first issue, the Supreme Court ruled according to
the high probability of Poe being born by Filipino parents and her typical Filipino
features. To support this, the court relied on the statistics offered by the
Solicitor General.
I find this a little disturbing, probability contain
doubts and should not be included in a conclusion, even with the 99% chance that
a child born in our country is a Filipino, there still can be a small
possibility that a foreigner can be born in the Philippines.
On the second issue whether foundlings are natural-born
citizen, the court ruled that as a class foundlings are natural born citizens
because of the our law is silent and does not condemn foundlings and ruled that
there is no intention to exclude foundlings as citizens, the court also
discussed about the provision of our constitution that natural-born citizens
are the ones who does not perform an act, that such act must be performed
personally and not by the authorities.
Still don’t agree, while it is true that when there is
ambiguity it should be interpreted according to legislative intent. For me, the
law is clear and there is no need for a different interpretation. The constitution
clearly states that “Section 2. 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.” The law
says about “any act” which is any person can interpret that any act performed
shall make a person naturalized. It does not talk whether who shall perform the
said act.
Even with questioned ruling, the law is also clear that this will be part
of the law of the land and all we can do is to abide whether agreeable or not. We
must move on until the Supreme Court Over turns its own decision.
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