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
No comments:
Post a Comment