Q and A on Grace Poe’s natural-born citizenship By: Artemio V. Panganiban

My two columns opining that Sen. Grace Poe possesses natural-born citizenship that could be affirmed by a DNA (deoxyribonucleic acid) test were written three months ago on June 14 and 21. Yet, to this day, I still get a lot of questions. For easy comprehension, I will simplify the questions and my answers.

Question 1: Why is natural-born citizenship important? Answer: Because only natural-born citizens are qualified to be president, vice president, senator, congressman or Supreme Court justice.

Consequently, if a final decision decrees that Senator Poe is NOT a natural-born citizen, she would be removed from her office as senator, barred from running for the presidency and, if elected, prohibited from serving her mandate.

Question 2: What tribunals are authorized to pass judgment on her citizenship? Answer: The Senate Electoral Tribunal has jurisdiction over cases questioning her qualifications as a senator. Also, the Commission on Elections is authorized to hear and decide petitions challenging her qualifications for the presidency but only after she has filed her certificate of candidacy for the post. The decisions of these tribunals may be elevated to the Supreme Court later.

Question 3: Which Constitution governs her citizenship? Answer: The 1935 Constitution because this was our basic law in 1968 when she was born. Under this Constitution, “The following are citizens of the Philippines: (1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. (2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority elect Philippine citizenship. (5) Those who are naturalized in accordance with law.”

In addition, the 1935 Constitution (as well as the current one) states that the “Philippines… adopts the generally accepted principles of international law as part of the law of the Nation.” Thus, by this “doctrine of incorporation,” customary international laws are given the same force and effect as statutes passed by Congress.

Question 4. What are the international laws that govern the citizenship of foundlings?

Answer: Mainly, (a) the 1930 Hague Convention on the Conflict of Nationality Laws, (b) the 1948 Universal Declaration of Human Rights, and (c) the 1961 Convention on the Reduction of Statelessness. In international law, nationality is synonymous with citizenship.

Question 5: Specifically, what provision of the 1961 Convention on the Reduction of Statelessness is relevant to Senator Poe? Answer: Article 2 which states: “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 in the territory of parents possessing the nationality of that State.”

Question 6: The Philippines is not a signatory to this 1961 Convention. Why are we bound by its provisions? Answer: Because they have become “generally accepted principles of international law” which, as earlier stated, are as binding as statutes passed by Congress.

Question 7: Who are natural-born citizens? Answer: Under the 1987 Constitution, they “are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship.”

Question 8: Why is Grace Poe a natural-born citizen? Answer: Because under Article 2 of the 1961 Convention quoted above, she—a foundling who was found in Iloilo, Philippines—is deemed to have Filipino parents. Perforce, she is natural-born since her presumed parents, specifically her father, are accorded Philippine citizenship.

Question 9: Is she not a naturalized Filipino falling under item 5 in the answer to Question 3— that she was “naturalized in accordance with (international) law”? Answer: No, it was her parents who acquired Philippine citizenship pursuant to international law. But she derived her citizenship from her presumed Filipino father; thus, she is a citizen from birth without having to do anything to acquire or perfect her Philippine citizenship.

Question 10. May her biological father be proven to be actually an alien? Answer: Yes, but the burden of proof belongs to those who challenge her natural-born status. Unless such proof is presented, her parents continue to be presumed Filipinos. Thus, she retains her natural-born citizenship.

Question 11: Grace Poe became a US citizen after she got married and moved to the United States, how did she reacquire her natural-born citizenship? Answer: By taking an oath of allegiance to the Philippines pursuant to the Dual Citizenship Law (Republic Act No. 9225) and by renouncing her American citizenship pursuant to American law.

Question 12. Aside from invoking the interaction between our Constitution and customary international law, may Senator Poe prove her natural-born citizenship by other methods? Answer: Yes, by undergoing a DNA test showing that her biological father is a Filipino. Our Supreme Court has issued many decisions affirming the binding force of DNA tests.

Question 13. How are DNA tests conducted and can such tests conclusively prove who her biological father and mother are? Answer: Yes, if done according to the protocols laid down by the Supreme Court. More on this in a future column.

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Comments to chiefjusticepanganiban@hotmail.com

Panganiban Contradicts Carpio On Poe Citizenship

FORMER Chief Justice Artemio Panganiban yesterday weighed in on the citizenship issue hounding Sen. Grace Poe, saying she is considered a natural-born citizen under the “generally accepted principles of international law, which form part of the laws of the land.”

Panganiban disagreed with the position taken by Senior Associate Justice Antonio Carpio, who said last week that Poe can be a considered a Filipino under international law but only as a naturalized citizen and not a natural-born citizen.

The former chief justice cited Article 2 of the 1961 Convention on the Reduction of Statelessness, which says: “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 in the territory of parents possessing the nationality of that State.”

“Why is Grace Poe a natural-born citizen? Because under Article 2 of the 1961 Convention quoted above, she—a foundling who was found in Iloilo, Philippines—is deemed to have Filipino parents. Perforce, she is natural-born since her presumed parents, specifically her father, are accorded Philippine citizenship,” Panganiban said in a statement.

He further explained that although the country is not a signatory to the 1961 Convention, it is still bound by its provisions because they have become “generally accepted principles of international law which are as binding as statutes passed by Congress.”

The generally accepted version of Poe’s birth was that as a foundling or abandoned child, she was found at the Jaro Cathedral in Iloilo in 1968 and was adopted by the late Fernando Poe Jr. and his wife, Susan Roces.

Carpio, who chairs the Senate Electoral Tribunal (SET), made his statement last September 21 during the start of oral arguments on the petition filed by 2013 losing senatorial bet Rizalito David questioning the citizenship of Poe.

In his petition, David argued that Poe should be disqualified from the Senate since she failed to meet the constitutional requirements on residency and citizenship.

The SET junked Poe’s residency issue last September 11.

Panganiban added that the 1935 Constitution, the country’s basic law in 1968 when Poe was born, provides that the Philippines adopts the generally accepted principles of international law as part of the law of the nation.

“Thus, by this ‘doctrine of incorporation,’ customary international laws are given the same force and effect as statutes passed by Congress,” he added.

Aside from the 1961 Convention, Panganiban said foundlings are also protected by the 1930 Hague Convention on the Conflict of Nationality Laws and the 1948 Universal Declaration of Human Rights, which states that the right to a nationality is one of the most fundamental human rights adding that nationality is synonymous to citizenship in international law.

Panganiban said Poe, who has announced her bid for the presidency next year, can’t be considered naturalized in accordance with international law because her parents had acquired Philippine citizenship pursuant to  international law.

“She derived her citizenship from her presumed Filipino father; thus, she is a citizen from birth without having to do anything to acquire or perfect her Philippine citizenship,” Panganiban stressed.

He said the 1935 Constitution provides, among others, that those whose fathers are citizens of the Philippines are considered Filipino citizens.

If Poe’s biological father happens to be a foreigner, Panganiban said the burden of proof belongs to those who are challenging her natural-born status.

“Unless such proof is presented, her parents continue to be presumed Filipinos. Thus, she retains her natural-born citizenship,” Panganiban said.

During the September 21 oral arguments, Carpio said that in the absence of a law passed by Congress recognizing foundlings, international customary law can be applied, referring to the Covenant on Civil and Political Rights and the UN Convention which states that all human beings, including foundlings, have a right to nationality and the status of a stateless person. respectively.

Carpio explained that if there is a customary international law saying foundlings can be deemed citizens of the country where they are found, it is applied under the principle of incorporation. But he said even with this, a foundling can only be considered as a naturalized citizen.

Carpio said, however, that Poe’s camp can present evidence, including DNA matching if they can find her blood relatives, to prove that she is a natural-born Filipino. 

Poe’s lawyer, Alex Poblador, had earlier said DNA testing is being done to identify the biological parents of the lawmaker. 

source:  Malaya

Overseas voters in PH may vote

The Commission on Elections is reminding overseas absentee voters who may wish to cast their votes in the Philippines next year they have until Oct. 12 to apply for transfer of registration.

Comelec spokesperson James Jimenez said overseas absentee voters may apply for the transfer at any local registration precinct.

He said one of the reasons the number of overseas voters had not increased was that many of them had returned to the country.

“Now, in order for them to vote in the Philippines, especially this coming election, [they will be] allowed to transfer their registration here,” Jimenez said.

“If they wait until Oct. 31 they will not be able to vote,” he said.

Jimenez had said in previous interviews that the Oct. 31 deadline for voter registration for all will not be extended.

The deadline is the same for the transfer of registration from local to overseas absentee voting.

Around 53 million voters are expected to cast their ballots in the May 2016 elections.

source:  Philippine Daily Inquirer

Sen. Poe is a Filipino but a naturalized Pinoy – Carpio

t came out on Monday in the first part of the oral arguments of the Senate Electoral Tribunal (SET) in the disqualification case filed against Senador Grace Poe that she is a true Filipino. 

Supreme Court (SC) Senior Associate Justice Antonio T. Carpio, the current SET Chair, said that based on the 1987, 1935 and 1973 Philippine Constitution, there’s no doubt that the senator is a Filipino citizen.

Carpio explained that even though the number 1 senator in the 2013 elections is a “foundling”, she is protected by law to have a nationality. 

However, Carpio clarified that Poe is a naturalized Filipino citizen because her biologival parents are unknown. 

Under the 1987 Constitution, one of the requirements to be qualified as a senatorial candidate in the country is being a natural-born Filipino citizen whoever is Filipino between the parents of the same.PNA

source:  Manila Times

SET drops Poe residency issue

he Senate Electoral Tribunal (SET) has dropped the residency issue in the disqualification case against Sen. Grace Poe over her election in 2013.

During a preliminary conference held at the Supreme Court (SC) yesterday, the nine-member tribunal and the camps of Poe and petitioner Rizalito David agreed to drop the residency question due to a rule requiring the filing of disqualification petitions based on residency within 10 days from proclamation of the candidate.

The SET, chaired by Senior Associate Justice Antonio Carpio and composed of two other justices and six senators, would then resolve whether or not Poe is a natural-born citizen when it hears the case in oral argument on Sept. 21.

Poe’s lawyer Alex Poblador revealed this to reporters after the 30-minute hearing, citing Section 11 of the SET rules.

“Since Senator Poe was proclaimed on May 16, 2013, those who would want to question her qualifications had only until May 26, 2013 to file a petition against her. It’s been two years since Senator Poe assumed office and yet it is only now that the case is being filed,” he said.

Poblador believes that the petition should be dismissed, saying it has an obvious political agenda.

The lawyer, who accompanied Poe in the hearing, alleged that the case was filed not really in relation to the 2013 polls but could be related to the possibility of her seeking higher office in 2016.

“The petition has more to do with what will happen in 2016 rather than her current seat in the Senate,” he stressed.

Poblador expressed confidence that Poe would hurdle the remaining citizenship question.

“We have sufficient evidence to prove that Senator Poe met the citizenship requirements for congressional candidates when she ran and won in the 2013 midterm elections,” he said.

The lawyer insisted that in the absence of contrary proof, a foundling like Poe, who was found in the Philippines, is presumed to be Filipino.

He argued that the 1987 Constitution, international law and domestic laws all favor protecting foundlings.

“The presumption is that Senator Poe is a natural-born Filipino and the one who alleges the contrary must prove that she is not,” the lawyer said.

He said Poe regained her original status as a natural-born Filipino, as if she never lost it, after she took a new oath of allegiance to the Philippines in 2006.

“The status she reacquired when she repatriated was her status from birth, which is natural-born Filipino,” he said.

Poblador also cited several acts of the senator showing that she intended to return and remain in the Philippines for good – returning to the country in the first half of 2005, enrolling her children in local schools in June 2005, purchasing a property in late 2005, the construction of her family home in Quezon City in early 2006 and the sale of their Virginia home in 2006.

Not barred from running

As this developed, the Commission on Elections (Comelec) yesterday said Poe, a frontrunner in surveys on preferred presidential or vice presidential candidates in the May 2016 general elections, cannot be barred from seeking the highest position in the land or any other post despite the pending disqualification case against her.

“If it is for a different position, I do not see why not. But she is not running for senator and that is the immediate concern,” Chairman Andres Bautista said.

Poe’s term as senator will end in 2019 but she is being courted by the ruling Liberal Party to be the running mate of its standard bearer, former interior secretary Manuel Roxas II next year.

Other sectors are urging her to seek the presidency.

Aside from the disqualification case he filed against Poe before the SET, David also filed last month a complaint before the Comelec, accusing Poe of “material misrepresentation” in the certificate of candidacy (COC) that she filed with the poll body in the 2013 senatorial race.

David charged that Poe had committed an election offense for misrepresenting her citizenship, period of residence in the Philippines and eligibility to run for senator. 

Such violation is punishable with up to six years imprisonment, disqualification from holding public office and suspension of the right of suffrage.

Bautista refused to comment on the cases. 

Replay of FPJ case

Poe said her appearance before the SET reminded her of the case of her late father, popular movie actor Fernando Poe Jr., who ran for president in 2004.

“This is a replay of what happened to my father. I’m actually a little sentimental in my presence here,” she told reporters.

“When FPJ ran in 2004, they couldn’t hurl accusations of corruption so they just threw the citizenship issue at him,” she said.

The citizenship of her father was questioned before the Supreme Court, which ruled in March 2004 that he was a natural-born Filipino citizen under the terms of the 1935 Constitution.

True Filipino

It was the first time Poe faced David. She said an aisle separated them during the closed-door conference but they did not talk to each other.

“We did not need to talk because it was a formal discussion. We only listened to Justice Carpio,” she said.

Poe said she personally attended the hearing to directly tell the SET and her accuser that she has nothing to fear and she is a true Filipino.

During the hearing, the camp of Poe presented as one of the evidence her birth certificate, but the camp of David questioned supposed alterations in the document.

Poblador immediately explained that what David claimed as alterations were additions reflecting Poe’s formal adoption in 1974.

Poblador added that contrary to David’s claim that Poe’s birth certificate was registered only in 2006, “it was reflected or registered in the Civil Registrar of Iloilo in 1980.”

Poe was found abandoned outside the Jaro Church in Iloilo in 1968. She was adopted by Fernando Poe Jr. and his wife Susan Roces in 1974. – With Sheila Crisostomo, Christina Mendez, Robertzon Ramirez

source:  Philippine Star