POE V.

COMELEC
- Foundlings are citizens under international law
- 1987 consti: an international law can become part of the sphere of domestic law either
by transformation or incorporation
- Gen accepted principles of international law include (2 sources)
1. international custom as evidence of a gen practice accepted as law, and
2. gen principles of law recognized by civilized nations
- international customary rules are accepted as binding as a result from the
combination of 2 elements:
1. established, widespread, and consistent practice on the part of the states
2. psychological element: opinion juris sive necessistates: OPINION AS TO LAW OR
NECESSITY
- OBLIGATES THE PH TO GRANT NATIONALITY FROM BIRTH AND ENSURE NO CHILD IS
STATELESS
1. UDHR: UNIVERSAL DEC OF HUMAN RIGHTS
2. UNCRC: UN CONVENTION ON THE RIGHTS OF THE CHILD
3. ICCPR: INTERNATIONAL COVENENAT ON CIVIL POLITICAL RIGHTS (ICCPR)

- PRINCIPLES FOUND IN 2 CONVENTIONS:

1. ART. 14 OF THE HAGUE CONVENTION ON CERTAIN QUESTIONS RELATING TO
THE CONFLUCT OF NATIONALITY OF LAWS
2. ART. 3 OF THE 1961 UN CONVENTION ON THE REDUCTION OF STATELESSSNESS

- RAZON AND MIJARES: GEN ACCEPTED PRINCIPLES PF INTERNATIONAL LAW ARE BASED
NOT ONLY ON INTERNATIONAL CUSTOM BUT ALSO ON GEN PRINCIPLES OF LAW
RECOGNIZED BY CIVILIZED NATIONS