Argumenets Vs Non-Aruments

ARGUMENTS:
1. One of the qualifications to become a Senator is one must be a natural-born

citizen; natural-born citizens are those who are citizens of Philippines from birth
without having to perform any act to acquire or perfect Philippine citizenship,
Petitioner claims,“ respondent is not a natural-born citizen; hence, she is not a
qualified to be a member of the Senate.
CATEGORY OF SYLLOGISM: CONJUNCTIVE

All Senators are natural-born Filipino citizen.
The Respondent is not a natural-born Filipino citizen.
Therefore, the respondent is not a Senator.
2. To be a natural-born Filipino citizen from birth, one’s parent must be a Filipino

Citizen. Respondent is a foundling, her parents are not known and can’t be
presumed as Filipino citizens; hence she can’t claim the status of a natural-born
citizen.
CATEGORY OF SYLLOGISM: CONJUCTIVE
All parents who are Filipino citizens have natural-born Filipino citizen offspring.
The Respondent’s parents are unknown and can’t be presumed as Filipino.
Therefore, the respondent is not a natural-born Filipino citizen.
3. Respondent maintains that the UNCRC and the ICCPR create an obligation on the
part of the Philippines to recognize foundling as its citizen from the time of the
foundling’s birth. Respondent supports her position with the Supreme Court
pronouncement in Bengzon III vs HRET, and Cruz which declared two types of
citizens under 1987 constitution, namely: (a) the natural- born citizen, and (b)
naturalized citizen.
CATEGORY OF SYLLOGISM:CONJUCTIVE
A foundling is either a natural-born citizen or naturalized citizen.
The respondent who is a foundling is not a naturalized citizen.
The respondent is natural-born citizen.
4. The respondent, in her arguments, raised the case of Kuroda vs Jalandoni wherein
the Supreme Court held that, constitutional provision stating that the Philippines
adopts the principles of international law, as part of the law of the nation. The
Hague and Geneva Conventions form part of and are wholly based on the
generally accepted principles of international law. Such rules and principles,
therefore form part of the law of the nation, even if the Philippines was not a
signatory.
All generally accepted principles of International Laws shall be binding upon the
Philippines.
The provisions of The Hague and Geneva Conventions are generally accepted
principles of International Laws.
Therefore, the provisions of The Hague and Geneva Conventions are binding upon
the Philippines.
5. A 1961 United Nations multilateral treaty the primary aim of the Convention is the
prevention of statelessness by requiring state to grant children born in their
territory to grant citizenship. The Philippines is not a signatory to this convention,
thus Philippines is not a contracting state.
All countries that are signatories in a multilateral treaty are considered contracting-
state.
Philippines is not a signatory of the United Nations multilateral treaty.
Therefore, Philippines is not a contracting state.
6. Justice Antonio Carpio’s dissenting opinion: Respondent is not a natural-born

citizen Filipino citizen. There is no Philippine laws conferring Philippine
citizenship to a foundling at birth. Even if there were such, such a law would only
result in the foundling being a naturalized citizen, not natural-born citizen.

All foundling at birth are considered naturalized Filipino citizen
Respondent is foundling at birth.
Therefore, respondent is naturalized Filipino citizen.
7. Senator Villar’s separate opinion: In other words, the fact that Senator Poe is a
foundling does not necessarily mean that she not and cannot be a natural born-
citizen of the Philippines. Therefore, anybody who claims that she is not a natural-
born Filipino citizen of the Philippines must establish the fact with adequate proof
and not merely rely on her being a foundling.
CATEGORY OF SYLLOGISM: CONDITIONAL ARGUMENT
If respondent is not a natural-born Filipino citizen, then petitioner was able to

present facts with adequate proof to prove otherwise and not merely rely that
respondent is a foundling.
The respondent was not able to prove otherwise.
Therefore, the respondent is a natural-born Filipino citizen.

Argumenets Vs Non-Aruments

Uploaded by

Copyright:

Available Formats

Argumenets Vs Non-Aruments

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Argumenets Vs Non-Aruments

Uploaded by

Copyright:

Available Formats

ARGUMENTS:

1. One of the qualifications to become a Senator is one must be a natural-born

CATEGORY OF SYLLOGISM: CONJUNCTIVE

2. To be a natural-born Filipino citizen from birth, one’s parent must be a Filipino

CATEGORY OF SYLLOGISM: CONJUNCTIVE

6. Justice Antonio Carpio’s dissenting opinion: Respondent is not a natural-born

CATEGORY OF SYLLOGISM: CONJUNCTIVE

CATEGORY OF SYLLOGISM: CONDITIONAL ARGUMENT

If respondent is not a natural-born Filipino citizen, then petitioner was able to

You might also like