WORKING TITLE

The Curious Case of Foundlings

MAIN ISSUE
Should foundlings be considered natural-born?
https://pmdizon.wordpress.com/2015/08/03/can-a-foundling-be-a-natural-borncitizen-arguments-for-and-against-the-citizenship-of-grace-poe/
https://en.wikipedia.org/wiki/Natural-born-citizen_clause#Academic_opinions
OUTLINE (include sources)
1. Non-existence of law or jurisprudence on the nationality of foundlings in the
Philippines
a.) question remains, is a foundling a Filipino?
b.) what kind of Filipino natural born or not? Sui generis type of citizenship?
2. Who are natural born citizens?
a.) jus sanguinis
b.) constitutional interpretations -1935, 1973 and 1987
c.) Bengson v HRET
http://www.lawphil.net/judjuris/juri2001/may2001/gr_142840_2001.html
3. Discussion of pro-natural born view
a.) 1987 Constitution Incorporation Clause
b.) International Treaties and Conventions
- Convention relating to the Status of Stateless Persons (PH is signatory)
https://treaties.un.org/doc/Publication/UNTS/Volume%20360/volume360-I-5158-English.pdf
- Convention on the Rights of a Child (PH is signatory)
Article 7 - The child shall be registered immediately after birth
and shall have the right from birth to a name, the right to acquire a
nationality and. as far as possible, the right to know and be cared for by his
or her parents.

- Report of Secretary General Dec. 19 2013 on Human Rights and Arbitrary

Deprivation
c.) United States - no current US SC decision that categorically ruled on
definition of who is a natural born (http://www.politifact.com/truth-ometer/article/2013/aug/20/ted-cruz-born-canada-eligible-run-president/)
-https://www.law.cornell.edu/uscode/text/8/1401 (Foundling is a citizen; no
concrete SC decision on what comprises a natural-born citizen
https://www.law.cornell.edu/wex/natural_born_citizen)
-Minor v. Happersett (obiter dictum)
https://www.law.cornell.edu/supremecourt/text/88/162
- Lynch v. Clarke
4. Discussion of anti-natural born view
a.) 1987 Constitution, who are natural born limited to
b.) International Treaties and Conventions
- International Law and Agreements on right to nationality of foundlings 1961 Convetion on Reduction of Statlessness (PH not a signatory)
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 that territory of parents possessing the
nationality of that State.

5. Legal Opinions
a.) Macalintal
b.) Bernas c/o Inquirer
c.) Family law experts: Legarda c/o Rappler
6. Implications/Effects
a.) Elective Public office - Equal protection of foundlings to right to public office
(enumerate all public offices one cannot be appointed or elected to)
http://philippineelectionlawyer.com/?q=qualification-run-public-office
7. Recommendation: Rule of SC or domestic laws must be passed to entertain no
more doubt as to the right enshrined in international law.