Foundling

This time, she enumerated some of the implications herself.
According to the Chief

Justice, foundlings, if declared not natural-born citizens:
will not be allowed to hold thousands of offices
will be removed from their present offices
may be made to return all the emoluments and benefits granted by their
occupation of their offices
may be denied pension benefits that are being presently enjoyed by them
will be denied the right to own private land except through intestate succession
cannot be adopted
cannot enjoy scholarships as well as health and social services except those
granted to them in orphanages and similar institutions
will have no national law to determine the legal requirements applicable to them
(for example, for marriage)
will be rendered stateless, without any protection, and without privileges and
rights such as:
o right to suffrage
o right to run for public office and hold certain positions in government
o right to practice a profession
o right to quality education at all levels
Other points:
A long-standing presumption and principle of customary international law is that a
foundling takes the nationality of the place where she was found.
1989 Convention on the Rights of the Child (CRC) - right of a child to acquire a
nationality immediately after birth.
The 1987 Constitution states that the "generally accepted international principles"
are adopted as part of the law of the land.
On the lack of jurisprudence on the matter -- 'This will be an extremely

important decision that will affect thousands of abandoned children in our
country! If a foundling is not presumed natural-born then no abandoned
child can ever aspire for national office. It's terribly discriminatory, don't
you agree?' Professor Katrina Legarda, UP College of Law
Philippine law on adoption is applicable only to Filipino children the Philippines

cannot have foreigner children adopted since the status of a child is determined
by the child's (or her parents', if known) personal law. It is that personal law which
determines whether a child is legally free to be adopted. Senator Poe's adoption
under Philippine law proceeded on an assumption that she was a Filipino at birth.
Doctrine of No Presumption of Citizenship- One who claims to be Filipino

should prove it. Dura Lex, Sed Lex. However, the only time that a person is
required to prove her citizenship is when Filipino citizenship is actually
questioned in a proceeding precisely for that purpose. So, that means that if a
foundling was registered as a Filipino citizen, there would be no question about
her citizenship at all unless a court case is filed where she must prove it.
SOCIAL JUSTICE
The previous constitutions focused primarily on economic inequities; but the 1987
Constitution covers all phases of national development but with emphasis not just on
socio-economic, but also on political and cultural inequalities. The premise of social
justice contemplated in our present constitution is the equalization of economic, political,
social opportunities with special emphasis on the duty of the state to tilt the balance of
social forces by favoring the disadvantaged in life.
In the development of Article 13 of the 1987 Constitution, it has been stated that the
import of social justice developed in various supreme court decisions is that when the
law is clear and valid, it simply must be applied; but when the law can be interpreted in
more ways than one, an interpretation that favors the underprivileged in more ways than
one, an interpretation that leans towards the underprivileged must be upheld.
PARENS PATRIAE
The constitution also highlights the inherent duty of the state to act as parens patriae
and to protect the right of persons and individuals who because of age or inherent
incapacity are in an unfavorable position vis--vis other parties.
EQUAL PROTECTION CLAUSE
The Constitution contemplated that the equal protection clause can be violated not
necessarily by actual denial of equality but by creating a system that foster inequality.
NOTES:
The 1930 Hague Convention on Certain Questions Relating to the Conflict

of Nationality Law, states in Article 14, A child whose parents are both
unknown shall have the nationality of the country of birth. The second is the
1961 Convention on Reduction of Statelessness. Article 2 of that convention
allows a foundling to be considered to have been born of parents who are
citizens of the contracting state. (Exact words: A foundling found in the territory
of a Contracting State shall, in the absence of proof to the contrary, be
considered to have been born within the territory of parents possessing the
nationality of that State.). The Philippines is not a signatory to those international
conventions. Those conventions go against the Philippine Constitution (1935,
1973, and 1987) provisions on citizenship. That may be why we never became
party to them.

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Foundling

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This time, she enumerated some of the implications herself.

According to the Chief

will not be allowed to hold thousands of offices

will be removed from their present offices

A long-standing presumption and principle of customary international law is that a

On the lack of jurisprudence on the matter -- 'This will be an extremely

Philippine law on adoption is applicable only to Filipino children the Philippines

Doctrine of No Presumption of Citizenship- One who claims to be Filipino

The 1930 Hague Convention on Certain Questions Relating to the Conflict

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