The Supreme Court promulgated its
decision on March 8, 2016. The issues discussed in the case are whether Grace
Poe satisfies the natural-born citizenship and residency requirements to be a
candidate as President of the Philippines.
I
do not agree with the Supreme Court decision that COMELEC acted with grave
abuse of discretion when it ruled that Grace is not qualified to run for
presidency. I believe that COMELEC stood by the Constitution.
The
requirement of natural-born citizenship represents the requirement of loyalty
only to the Philippines but not with the Philippines and with another country. For
me, loyalty is staying or standing up for something no matter what happens.
Grace willingly gave up her Filipino citizenship on October 18, 2001. I wonder
where the loyalty to the Philippines is in that act. History can repeat itself.
There is a high probability that Grace can renounce or not be loyal to the
Philippines again if given with certain circumstances which can be more beneficial to
her and the whole family. Public office is a public trust. How can we trust a
person, sitting in the highest position of the country, who has a history of
leaving the country for a better life in another country?
The customary international law which states that the foundlings are entitled to a nationality and are presumed to be citizens of the country where they are found should be reconciled with the Article IV, Section 2 of the Constitution which states that the “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”. Under customary international law, the Philippines can grant Filipino citizenship to the foundling but not the kind of natural-born citizenship because it will be against the Constitution. Not granting the natural-born type of citizenship does not rendering a person stateless.
The customary international law which states that the foundlings are entitled to a nationality and are presumed to be citizens of the country where they are found should be reconciled with the Article IV, Section 2 of the Constitution which states that the “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”. Under customary international law, the Philippines can grant Filipino citizenship to the foundling but not the kind of natural-born citizenship because it will be against the Constitution. Not granting the natural-born type of citizenship does not rendering a person stateless.
The
10-year residency requirement represents the need of a candidate to know more
about the country he is wishing to serve. The residency does not mean staying
in a place but rather an establishment of domicile. Domicile is the place where
you intend to remain and return. It is true that Grace and her family made
efforts to establish their home here in the Philippines, but for me, these are
just superficial acts. How can a person have a domicile in a place where she is
not a citizen? Grace became an American citizen on October 18, 2001, reacquired
her Filipino citizenship on July 18, 2006, and renounced her American
citizenship only on October 21, 2010. In my opinion, only on October 21, 2010
that Grace finally established her domicile in the Philippines because before this date,
she was still an American citizen, naturally she can still go back to the US
anytime she wanted to or whenever it will be beneficial to her and the family. Before
October 21, 2010, she was still torn between the Philippines and the United States. She had interest with the United States because she
still had allegiance on it and she was not yet focused on the welfare of the
Philippines.
What
scares me the most is that, this decision is a precedent and a part of the law
of the land. Anyone who has an ambition to rule or serve the country even when
he is actually faithful to another country might use this in advancing his
career in politics and the service will be tainted with personal interests.
The
law may be harsh but it is the law. I am a natural-born citizen of the
Philippines and I am forever loyal to my country and the Constitution.
No comments:
Post a Comment