Foundling

FOUNDLINGS
“To deny full Filipino citizenship to all foundlings and render

them stateless just because there may be a theoretical
chance that one among the thousands of these foundlings
might be the child of not just one, but two, foreigners is
downright discriminatory, irrational, and unjust.”
POE-LLAMANZARES V.
COMELEC
GR NO. 221697; 08 MARCH 2016
2
WHO ARE
FOUNDLINGS?
a deserted or abandoned infant or child whose parents, guardians, or relatives

are unknown
a child committed to an orphanage or charitable or similar institution with

unknown facts of birth and parentage and the child is registered in the Civil
Register as a “foundling”
PROCEDURE FOR THE
ISSUANCE OF A FOUNDLING
CERTIFICATE
5 working days from
Transmit
the completion of
within 48
posting
hours
Petition filed before DSWD-RD Posting of Petition for Recommendation Issuance of

the DSWD-RO examines the 5 consecutive days in by the RD to the Certification by
petition and locality where the DSWD Secretary DSWD Secretary that
supporting child was found the child is legally
documents available for adoption
within 7 working
days
The Certificate issued by the DSWD Secretary serves as the sole basis for the
issuance of a Foundling Certificate by the Local Civil Registrar
(Republic Act No. 9523)
AM NO. 02-6-02 SC: RULES ON
ADOPTION
Petition for Adoption of Foundlings must allege the following:
Facts showing that Department, child-

Name of the duly Foundling
the child is a placement or child-
licensed child- Certificate
foundling, caring agency is
placement agency
abandoned, authorized to give its
or individual
dependent or consent
under whose care
neglected
the child is in
custody
Effect of Decree of Adoption

The Court shall order the Civil Registrar where the
foundling was registered to annotate the decree of
adoption on the foundling certificate and a new
birth certificate shall be ordered prepared by the
Civil Registrar in accordance with the decree

Effect of Rescission of Adoption of the Adoptee
who is a foundling

The Court shall order the adoptee to use the name
stated in the foundling certificate. It shall likewise
order the cancellation of the new birth certificate
and reinstatement of the foundling certificate.
POE-LLAMANZARES
GR 221697
VS 08 March 2016
COMELEC ET AL.
FACTS OF THE
CASE
1968 1974 1988 and 1991 2001 2004
Returned to the
Abandoned in a
Philippines to
church in Jaro, Adopted by Studied abroad. Became an support her
Iloilo and 3 Fernando Poe, Got married and American father’s
days later was Jr and Susan settled abroad citizen candidacy and
registered as a Roces
later his
foundling
passing
2013 2010 2006 2005
Appointed as Certificate of Decided to live

Won as a Senator MTRCB live birth with here to help her
Chairperson adopted parents mother
8
FACTS OF THE
CASE
2015 2015 2015 2015 2015
Elamparo filed Tatad,

an opposition Contreras and
COMELEC
Filed her COC since Pos is a COMELEC denied Valdez also
denied her
for President foundling and her COC filed a petition
COC and MR
not a Natural- to disqualify
born Filipino Poe
“Whether or not Grace Poe-Llamanzares is a natural-

born Filipino even if she is a foundling.
9
WHETHER SHE IS A NATURAL-BORN
FILIPINO
YES, SHE IS A NATURAL-

BORN
Foundlings
That a person with typical Filipino
features is abandoned in Catholic Church As a matter of law are
in a municipality where the population of natural-born Filipinos
Domestic laws on adoption also support
the Philippines is overwhelmingly
the principle that foundlings are
Filipinos such that there would be more
Filipinos. These laws do not provide that
than a ninety-nine percent (99%) chance
adoption confers citizenship upon the
that a child born in the province would be
adoptee. Rather, the adoptee must be a
a Filipino, would indicate more than
Filipino in the first place to be adopted.
ample probability if not statistical
certainty, that petitioner’s parents are THOSE BORN
Filipinos. WITHOUT KNOWING
THEIR PARENTS
10
WHETHER SHE IS A NATURAL-BORN
FILIPINO
YES, SHE IS A NATURAL-

BORN
Foundlings
Citizens under international
The common thread of the Universal law/
Declaration of Human Rights (UDHR),
It is a generally accepted principle of United Nations Convention on the Rights
international law to presume foundlings of the Child (UNCRC) and International
as having been born of nationals of the Covenant on Civil and Political Rights
country in which the foundling is found. (ICCPR) is to obligate the Philippines to
grant nationality from birth and ensure
that no child is stateless. THOSE BORN
WITHOUT KNOWING
THEIR PARENTS
11
CONCURRIN
G OPINIONS
CONCURRING
OPINION
JUSTICE
JUSTICE CAGUIOA
JARDELEZA
By imposing a heavy burden upon Poe just because she was

abandoned as an infant with unknown facts of birth and parentage,
Believes that this Court need not have made a definitive ruling on
the COMELEC haphazardly acted without regard to the far- reaching
petitioner’s status as a natural-born Filipino citizen. I concur, however,
consequences to a discrete and insular minority. Needless to say, a
that the COMELEC grossly misappreciated the evidence when it found
more narrowly tailored approach would avoid making a sweeping
that the petitioner deliberately intended to mislead the electorate when
presumption. The COMELEC 's fixation with a scientific application
she stated that she is a natural-born Filipino citizen, knowing full well
of the jus sanguinis principle, as opposed to a legal one guided by
that she is a foundling.
rules of evidence, led to its discriminatory interpretation of the
Constitution. It acted with "an evil eye and unequal hand," denying
foundlings equal justice guaranteed by the same fundamental law.
This is grave abuse of discretion.
13
CONCURRING
OPINION
On Citizenship
The Burden on proof is the duty of a party to prove the truth of JUSTICE VELASCO
a claim or defense or any fact in issue by evidence required by
law. The private respondents had not presented even an iota
of proof to show that Sen. Poe was not born to Filipino
parents.
To shift the burden of proof to foundlings like, Sen. Poe, to

prove the citizenship of their parents who had abandoned
them is as preposterous as rubbing salt on an open bleeding
wound; it adds insult to injury. The State cannot allow such
unconscionable interpretation of our laws.
The judiciary, as the instrumentality of the State in its role

of parens patriae, must ensure that the abandoned children,
the foundlings, those who were forced into an unfavorable
position are duly protected.
CHIEF JUSTICE MARIA LOURDES
SERENO
• Good faith is a valid defense

against False Representation of the
lack of qualification
• Poe has shown by an abundance
of substantial evidence that her
125
residence in the Philippines
100 commenced on 24 May 2005
75 • The statement she made in the
50
25
2012 Certificate of Candidacy
0
April May June July
was due to honest mistake
SERENO
• The defendant failed to prove that there

is material misrepresentation with
respect to petitioner’s claim that she is a
resident.
• On the question that she was a mere
Balikbayan: the Balikbayan Program, as
conceptualized from the very
125
100
beginning, envisioned a system not just
75 of welcoming overseas Filipinos as
50 short-term visitors of the country, but
25 more importantly, one that will
0
April May June July
encourage them to come home and once
again become permanent residents of
the Philippines.
SERENO
• What is crucial in determining whether

an alien may lawfully adopt a domicile
in the country is the restriction placed
by Congress on a specific type of non-
immigrant visa. So long as the
intended stay of a nonimmigrant
125
does not violate any of the legal
100
75
restriction, sufficient animus manendi
50 may be appreciated and domicile may
25 be
0
April May June July
SERENO
• Comelec committed grave abuse when it

went beyond an examination of the patent
falsity of the representations in the CoC;
maintaining that Section 78 proceeding
must deal solely with “patent defects in the
certificates” and not the question of
eligibility or ineligibility.
125
100
• Poe simply presented a preponderance of
75
evidence to prove her declaration in her
50 2016 certificate of candidacy for president
25 that as of May 2005, she had definitely
0 abandoned her residence in the US and
April May June July
intended to reside permanently in the
country.
SERENO
• the Comelec disregarded

these pieces of evidence to
find that Poe failed to
overcome the probative
weight of the alleged
125 admission against interest in
100
75
her CoC.
50
25
0
April May June July
SERENO
• Foundlings are provided legal

protection by the state through statutes,
rules, issuances and judicial decisions
allowing their adoption. Specifically,
enactments and issuances on adoption
are significant, because they
125
effectively recognize foundlings as
100
citizens of the Philippines.
75 • Poe did not lose her natural-born status
50 when she reacquired Philippine
25 citizenship under R.A. 9225 or the
0
April May June July Citizenship Retention and Re-
acquisition Act of 2003.
SERENO
• A declaration that individuals of unknown

parentage are not Filipinos, or at best
naturalized citizens, may lead to their removal
from government posts; a demand to return all
emoluments and benefits granted in connection
with their offices; and even the end of
pension benefits presently being enjoyed by
affected retirees. The proposal for Congress to
125 remedy the unjust situation that would result
100 from an affirmance by this Court of unjust
75 Comelec rulings is too odious a solution to even
50 consider. It is not the function of Congress to
25 correct any injustice that would result from this
0 Court’s proposed unhappy ruling on foundlings.
April May June July Rather, it is this Court’s first and foremost duty
to render justice to them, as the Constitutions
requires.
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• Foundling is a natural-born citizen
absent any clear and convincing
evidence to the contrary
• It does not require an abandoned child
or a foundling to identify his or her
biological parents. It is enough to show
125
that there is a convincing likelihood that
100
75
one of the parents is a Filipino.
50
25
0
April May June July
22
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• There was no material misrepresentation as to a
matter of fact. There was no intent to deceive.
Petitioner, even as a foundling, presented
enough facts to make a reasonable inference
that either or both of her parents were Filipino
citizens when she was born.
• Petitioner's admission that she is a foundling
125 was enough substantial evidence on the part of
100
private respondents to discharge the burden that
75
50
rested upon them as petitioners before the
25
Commission on Elections.
0
April May June July
23
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• To consider petitioner, a foundling, as
not natural-born will have grave
consequences. Naturalization requires
that petitioner is of legal age. While it is
true that she could exert time and
extraordinary expense to find the parents
125
who might have abandoned her, this will
100
75
not apply to all foundlings. Thus, this
50 approach will concede that we will have
25
0
a class of citizens who are stateless due
April May June July to no fault of theirs.
24
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• The statutes providing for adoption only
allow the recognition of filiation for
children who are Filipinos. They allow
adoption of foundlings. Therefore,
foundlings are, by law, presumed to be
Filipino.
125 • Petitioner was likewise provided a
100
75
foundling certificate after she was found.
50 She was also the subject of an adoption
25
0
process.
April May June July
25
JUSTICE MARVIC
LEONEN
CONCURRING OPINION
• The Commission on Elections assails the
finding that petitioner's blood
relationship with a Filipino was
"demonstrable."This Court cannot rely
on statistics as statistics does not
establish bloodline. This was not
125
substantial evidence, but merely
100
75
speculative evidence. Statistics cannot
50 be the basis of a finding that the
25
0
Commission on Elections gravely
April May June July abused its discretion in cancelling
petitioner's Certificate of Candidacy.
26
DISSENTING
OPINIONS
DISSENTING
OPINION
On the burden of proof
The petitioner, bringing the case to the SC on certiorari, has the burden of
proof in showing the allegations therein. She must show that there were no
material misrepresentations in her COC JUSTICE BRION
Citizenship
Citizenship cannot be presumed. Any doubts in such status should be

resolved in favor of the State. No presumption can be indulged in favor of the
claimant of Philippine citizenship, and any doubt regarding citizenship must
be resolved in favor of the State.
Foundlings
Foundlings are not treated differently on the basis of race, national origin,
alienage, or religion. It is the lack of information of their birth due to unknown
parentage and the jus sanguinis standard that exclude them from being
natural-born citizens. It is a distinction that the Constitution makes.
No fundamental right is violated if a founding is prohibited by the Constitution

to run for public office.
DISSENTING OPINION:
LEONARDO - DE CASTRO J
FOUNDLIN
GS
125 Under the Constitution, natural born Filipino

Nam liber tempor cum soluta nobis eleifend
option congue nihil imperdiet doming id
citizenship is based on blood relationship to a Filipino

100
75
quod mazim placerat facer possim assum.
Typi non habent claritatem insitam; est
usus legentis in iis qui facit eorum
50
25 father or mother following the ''jus sanguinis"
claritatem. Investigationes demonstraverunt
lectores legere me lius quod ii legunt
saepius. Claritas est etiam processus
0
April May June principle
July
dynamicus, qui sequitur mutationem. dynamicus, qui sequitur mutationem.
30
FOUNDLIN
GS
125Natural-born Citizenship by Legal Fiction or

Presumption of Law is contrary to the Constitution

100
75
50
25 under Salient Rules of Interpretation of the
0
April May JuneConstitution
July
dynamicus, qui sequitur mutationem. dynamicus, qui sequitur mutationem.
31
FOUNDLIN
GS
Nam liber tempor cum soluta nobis eleifend Nam liber tempor cum soluta nobis eleifend
125
100 Function of Extrinsic Aid Such as the
Typi non habent claritatem insitam; est Typi non habent claritatem insitam; est
75
50 Deliberations of the 1934 Constitutional
lectores legere me lius quod ii legunt lectores legere me lius quod ii legunt
25
0
Convention
dynamicus, qui sequitur mutationem.
April May June July
32
deliberations did not evince the collective intent of the members of
the 1934 Constitutional Convention to include "foundlings" in the
list of Filipino citizens in the Article on Citizenship.
Moreover, there was no mention at all of granting them natural-

born citizenship.
1934 CONSTITUTION
33
FOUNDLIN
GS
125 option congue nihil imperdiet doming id option congue nihil imperdiet doming id
100
75 Probabilities/Possibilities Based on
50
25 Statistics
0 dynamicus, qui sequitur mutationem. dynamicus, qui sequitur mutationem.
April May June July
34
“Statistics have never been used to prove paternity or filiation. With more
reason, it should not be used to determine natural born citizenship, as a
qualification to hold public office, which is of paramount importance to
national interest. The issue here is the biological ties between a specific or
named foundling and her parents, which must be supported by credible
and competent evidence.
We are not dealing with the entire population of our country that will
justify a generalized approach that fails to take into account that the
circumstances under which a foundling is found may vary in each case.”
c
PROBABILITIES/POSSIBILITIES BASED
ON STATISTICS
35
FOUNDLIN
GS
A Foundling does not Meet the Definition of a

125
100
Typi non habent claritatem insitam; est Typi non habent claritatem insitam; est
Natural-born Filipino Citizen under Section 2, Article
75
50
lectores legere me lius quod ii legunt lectores legere me lius quod ii legunt
25
0
IV of the 1987 Constitution
April May June July
36
JUSTICE ESTELA M. PERLAS-
BERNABE
DISSENTING OPINION
• Poe has shown no evidence of blood
relation to a Filipino parent to prove
that she acquired Filipino citizenship
by birth under the jus sanguinis
principle.
• She voluntarily admitted her status as a

125
foundling and under Section 1 Article
100
75
6 of the 1935 Constitution, foundlings
50 are not included in the enumeration of
25 who are considered as Filipino
0
April May June July citizens.
37
JUSTICE ESTELA M. PERLAS-
BERNABE
DISSENTING OPINION
• She argues that foundlings should be
considered as natural-born Filipinos based
on the 1935 Constitution, however it
never carried over any proposed provision
on foundlings being considered or
presumed to be Filipino citizens.
125
100 • Her abandonment in the RP is just a
75 restatement of her foundling status, while
50
her physical features only tend to prove
25
0
that her parents likely had Filipino features
April May June July yet it remains uncertain if their citizenship
was Filipino.
38
JUSTICE MARIANO C.
CASTILLO
DISSENTING OPINION
• Poe could not rely on the presumption
under Art. 2 of the 1961 Convention on the
Reduction of Statelessness that a foundling
found in the territory of a contracting state
is born to “parents possessing the
nationality of that State” since:
125
100 First, RP could not be considered as a
75 contracting state since it did not ratify/accede to
50
the 1961 Convention
25
0
on the reduction of Statelessness.
April May June July
39
JUSTICE MARIANO C.
CASTILLO
DISSENTING OPINION
Second, even if it ratified it will not have
any retroactive application and, it has not yet
ripened into customary international law to
bind RP.
Third, non-signatories to international

125
agreements may be bound by such
100 agreements if such agreements are
75 transformed into customary laws, the
50
presumption under Art. 2 of the 1961
25
0
Convention has not yet ripened into
April May June July customary international law as to bind RP.
40

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FOUNDLINGS

“To deny full Filipino citizenship to all foundlings and render

a deserted or abandoned infant or child whose parents, guardians, or relatives

a child committed to an orphanage or charitable or similar institution with

Petition filed before DSWD-RD Posting of Petition for Recommendation Issuance of

Facts showing that Department, child-

1968 1974 1988 and 1991 2001 2004

2013 2010 2006 2005

Appointed as Certificate of Decided to live

2015 2015 2015 2015 2015

Elamparo filed Tatad,

“Whether or not Grace Poe-Llamanzares is a natural-

YES, SHE IS A NATURAL-

YES, SHE IS A NATURAL-

By imposing a heavy burden upon Poe just because she was

To shift the burden of proof to foundlings like, Sen. Poe, to

The judiciary, as the instrumentality of the State in its role

• Good faith is a valid defense

• The defendant failed to prove that there

• What is crucial in determining whether

• Comelec committed grave abuse when it

• the Comelec disregarded

• Foundlings are provided legal

• A declaration that individuals of unknown

Citizenship cannot be presumed. Any doubts in such status should be

No fundamental right is violated if a founding is prohibited by the Constitution

125 Under the Constitution, natural born Filipino

citizenship is based on blood relationship to a Filipino

125Natural-born Citizenship by Legal Fiction or

Presumption of Law is contrary to the Constitution

Moreover, there was no mention at all of granting them natural-

A Foundling does not Meet the Definition of a

• She voluntarily admitted her status as a

Third, non-signatories to international

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