Lawyers insist Grace Poe a natural-born Filipino

Senator Grace Poe, being a foundling, is a natural-born Filipino and not a citizen one because she never underwent naturalization process in the first place.

This was the statement issued by Poe's camp, through one of her lawyers George Garcia, in response to Supreme Court Associate Justice Antonio Carpio's pronouncement during a Senate Electoral Tribunal hearing that the lawmaker's citizenship status is only naturalized and not natural born.

Election lawyer Romulo Macalintal, on the other hand, warned that disqualifying Poe on account of her biological parents' uncertain citizenship would set a precedent in which similarly orphaned children would be disqualified from running for elective posts.

Macalintal is also of the opinion that Poe is a natural-born Filipino.

“There are only two types of citizens, natural-born or naturalized. If Senator Poe is not a foreigner who became a naturalized Filipino citizen, therefore she is natural-born,” Garcia said in a statement.

Garcia said that under Philippine law, a “naturalized citizen would always mean to be a former foreigner.”

“You must be a former foreigner. You acquired your Philippine citizenship because you wanted to become a Filipino and for you to become naturalized,” the lawyer added.

Under the 1987 Constitution, only natural-born Filipino citizens are qualified to run for president, vice-president, senator and congressman.

Garcia insisted the long-standing presumption and principle of customary international law that a foundling is considered to have been born in the state where he or she was found and from parents of that country’s nationality.

Garcia said the "legal presumption" that foundlings are natural-born Filipino citizens is the reason why Senator Poe need not have to go through the process of naturalization, which is a legal procedure through which a foreign citizen or national can become a Filipino citizen.

Garcia said natural-born citizens are those who do not need to perform any act to acquire or perfect their citizenship. “Did Senator Poe perform any act? Did she apply for anything? Did she apply or petition that she can become a natural-born? Of course, the answer to these questions is no,” he said.

In Poe's case, the senator “did not apply for Philippine citizenship and it is the presumption of law, the Constitution, and international convention and treaties that made her a natural-born citizen of the country," according to Garcia.

Garcia expressed hopes that Carpio's statement does not reflect the sentiment of the nine-member SET, majority of the members of which are Poe's colleagues in the Senate.

“Perhaps, this is just an initial reaction based on an initial interpretation of the law. We are hoping to fully convince him (Carpio) to change his interpretation of the law by showing to him that at least Senator Grace Poe is not really a naturalized but a natural-born citizen,” Garcia said.

Garcia said Carpio's interpretation of the law was "erroneous" because a naturalized citizen would always mean he or she was a former foreigner.

Macalintal agreed with Poe's lawyer that Poe, who was abandoned in Jaro Cathedral in Iloilo City, is a natural-born Filipino.

“The Philippines adopts the generally accepted principles of international law and forms part of the law of the land. Ibig sabihin tinatanggap natin ang pandaigdigang batas bilang bahagi ng sarili nating batas. Ano ba ang sinasabi ng pandaigdigang batas? Kapag napulot ka, ang iyong mga magulang ay presumed to be Filipinos,” Macalintal said.

Like what Garcia pointed out, Macalintal stressed that Poe never underwent a naturalization process.

"To be naturalized, you must have passed the naturalization law processes. Kailangan naga-apply ka ng naturalization and so on and so forth. My question: did Sen. Poe undergo this process of naturalization? Wala. Therefore, she is a natural-born Filipino citizen,” he said.

Meanwhile, Macalintal said the decision on Poe's citizenship would have an effect on all abandoned children in the Philippines.

Macalintal said declaring Poe a naturalized citizen would set a bad precedent since it would deprive similarly orphaned children in the Philippines of their right to serve in government.

“Ang mangyayari niyan, kawawa yung mga nasa lansangan nating mga bata. Kasi halimbawa, hindi mo alam kung sino ang mga magulang mo ngayon, nasa DSWD (Department of Social Welfare and Development), ilang libo yan, inalisan na natin ng karapatang mangarap na balang araw, pwede ka palang maging justice ng Supreme Court, kasi ang justice ng Supreme Court, natural-born,” Macalintal said.

“Inaalisan natin sila ng karapatan maging congressman, senador, pangulo, pangalawang pangulo. Siguro yun ang dapat isipin ng mga tao na nagkukwestyon ng mga karapatan ng isang napulot na bata,” the lawyer added. —NB, GMA News