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Justice Carpio: Grace Poe Is Not Natural-Born, But Naturalized Filipino Citizen
Justice Carpio: Grace Poe Is Not Natural-Born, But Naturalized Filipino Citizen
(Updated 2:47 p.m.) Senator Grace Poe can be considered a Filipino under
international customary law but only as a naturalized citizen and not as
natural-born citizen, according to Supreme Court Associate Justice Antonio
Carpio.
Carpio said this during Monday's oral arguments on a petition filed with the
Senate Electoral Tribunal by defeated 2013 senatorial candidate Rizalito
David against Poe, a foundling adopted by celebrity couple Fernando Poe Jr.
and Susan Roces.
According to the petitioner, Poe should be disqualified from the Senate for
failing to meet the requirement under Section 3, Article VI of the 1987
Philippine Constitution that requires a candidate to be a natural-born citizen.
During interpellation, Carpio stressed that customary international law can be
followed so long as it does not violate provisions of the Constitution.
"We do not follow international customary law because our Constitution has
primacy. Although under international law, we have a commitment to conform
to customary international law by amending the Constitution," Carpio said.
However, in the absence of a law, an international customary law can be
applied, he added.
"So if right now, there is no law promulgated by Congress that foundlings can
be deemed citizens of the Philippines, customary international law can supply
that gap?" Carpio asked David's lawyer Manuelito Luna, who answered in the
affirmative.
"If there is a customary international law saying foundlings can be deemed
citizens of the country where they were found, we apply that under the
principle of incorporation. It is deemed as municipal law," Carpio said.
The senior magistrate, however, quickly added: "But you are still a naturalized
citizen, not natural born. Because if customary international law says a
foundling is natural born, it will violate our Constitution and we cannot apply it
here."
DNA testing
The international customary laws being pertained by the magistrate were the
Covenant on Civil and Political Rights, which states that all human beings,
including foundlings, have a right to nationality; and the UN Convention
relating to the status of Stateless Persons.
"So we have solved the problem counsel? You will agree with me that Senator
Poe [is] at least a citizen of the Philippines," Carpio asked Luna, who
answered, "Yes."
Carpio, however, added that any decision on citizenship is never final.
"If tomorrow you happen to find out by DNA matching that your parent is
Filipino, you can still prove that you are natural-born," said the magistrate.
Luna told the tribunal that the senator was undergoing DNA tests to prove her
Filipino lineage.
http://www.gmanetwork.com/news/story/537714/news/nation/justice-carpio-gracepoe-is-not-natural-born-but-naturalized-filipino-citizen