• The case of Sen. Grace Poe: Revisited and re-examined

    36

    “The Constitution is an experiment as all life is an experiment. Every year, if not every day,we have to wager our salvation on some prophesy based on imperfect.”         
    – Justice Oliver Wendell Holmes

    Since I have no interest in elections, it is almost an exercise in pain and inutility when I write something about the presidential candidates of 2016. I think we have reached a point in our nation’s history where all of us must take a stand – elections or no elections. For the rational in this country, the choice is not difficult to make. For the irrational, who believe that they are Napoleon Bonaparte or Jose Rizal, the objectors to elections, at this point in time, are the ones who are irrational.

    An intelligent analysis of our current condition suggests that the irrational who pursue elections with all the cells of their body at their command are the ones really irrational. Why? It is like a situation where one has to choose between good or evil. Without dispute, he who chooses evil is irrational and the current electoral practice is evil because only the rich, the powerful and those who wantonly violate indiscriminately our Constitution and our electoral laws can participate in the elections—national or local. The brilliant and the gifted but poor and penniless must be content to serving as slaves and running dogs of the rich and the powerful.

    It is a calamity of tsunamic proportions.

    Battle over the issue of being natural born

    The issue against Senator Poe that she is not a natural-born Filipino should be clear to everybody by now but it is not. People who have axes to grind because they are supporting Poe’s opponents and she threatens the chances of their candidates in the coming elections are in a state of rage against anyone who believes that Poe is a natural born Filipino. A good number are just plain anti-American and they hate the idea that anyone who once upon a time sported American citizenship could become President of this country. Still others are against Poe because if she becomes President she is likely to take a strong position in the favor of the Philippines against China in the nagging issue of the West Philippine Sea.

    All these people proclaim that they are objecting to Senator Poe because they love the Philippine Constitution and this country. This claim is a lot of nonsense! Where were they, when the Supreme Court decided that Senator Juan Ponce Enrile be set free on bail for humanitarian reasons? The Supreme Court rationale does not exist in the Constitution since there is only one reason to grant bail in capital offenses, and Enrile is charged with the capital offense of plunder – when the evidence of guilt is strong under section 13, Article III of the Philippine Constitution. Where were they when the Supreme Court failed to rule on the constitutionality of the Corona impeachment before Corona was impeached by the Senate? Why did they serve as public officials for discredited administrations that made the Constitution a mere crop of paper?
    Enough of pretense and nonsense!

    Why Poe is natural born

    As I have said over and over again, I am not for elections at this point. I have consistently maintained that all the presidential candidates are disqualified to be President of this county except Congressman Roy Seneres. But if there is anything I hate all my life it is injustice. And the way they call Senator Poe names is what I cannot accept. To borrow how Fox News puts it in this situation: What most, not all, of Poe’s detractors’ are saying does not appear fair, balanced and honest.

    Why? First, most of them are non-lawyers, so they are going beyond their field of competence. Second, not being lawyers, they cannot pretend to be authorities on constitutional law in this country or anywhere else. Third, they may have occupied positions in government, but these positions have nothing to do with constitutional interpretation or constitutional implementation. Fourth, they are partisans and their position on this issue is biased or partial and as such they are disqualified to render judgment, if it were in a court of law.

    This in law practice is known as qualifying a witness. Based on this test, they are disqualified to be expert witnesses hence their opinions on the issue have no persuasive authority.

    Let me qualify myself as a witness. I am not for Poe as I have no interest, for now, in presidential elections. I think I am one of the best that the University of the Philippines College of Law ever produced—my resume and my record as a public servant and as a lawyer prove it. I held positions in government—provincial governor, Member of Parliament and Commissioner of Immigration —that at one time or another was involved in constitutional interpretation and implementation. As a law practitioner for several decades in this jurisdiction, I have filed cases before the Supreme Court and the Ombudsman questioning the constitutionality of actions of government officials, including Presidents of the Philippines. I was the head of the Opposition representation in the Regular Parliament in the Committee on Revision of Laws and Constitutional Amendments. I was the lead complainant in the impeachment moves against President Marcos and President Cory Aquino. I taught Constitutional and Political Law at Xavier University for quite sometime.

    These qualifications, I humbly suggest, are enough to qualify as me as expert on this subject. Anyone who questions my qualifications better prepare to present valid and credible counter-arguments.

    The arguments in favor of Poe

    They have nothing to do with sympathy for Poe or foundlings. They have something to do with what is the proper interpretation of the controversial provisions of the Constitution.
    In this case, the controversial provisions of the Constitution are section 2 of Article VII which states that “No personal shall be elected President unless he is a natural-born citizen of the Philippines…and a resident of the Philippines for at least ten years immediately preceding such elections” which refer to section 2, Article IV of the same Constitution which states that “Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship…”

    Corollary to these provisions is section 1 (2), Article IV of the Constitution which states that, among others, “that the following are citizens of the Philippines: …(2) Those whose fathers or mothers are citizens of the Philippines.”

    There is no provision in our Constitution or any statute in this jurisdiction that defines the citizenship of a foundling in the Philippines. In its absence, the Supreme Court must resolve the issue of the status of foundlings in this country. Why? Because law abhors a vacuum! This is a fundamental postulate of law in our jurisdiction. It is the duty of the Supreme Court to a finally define what is the citizenship of a foundling in the Philippines, especially because some persons dispute the candidacy of a presidential candidate who is an admitted foundling.

    This is our considered opinion whether a foundling is a natural-born Filipino citizen. He or she is a natural-born Filipino citizen. Why? We resort for answers to the question in Philippine law or rules of law. Section 3, Rule 131 of the Rules of Court on burden of proof and disputable presumption states that “The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: . . .(y)That things have happened according to the ordinary course of nature and the ordinary habits of life.” Question: What is the ordinary course of nature and the ordinary habits of life of foundling in the Philippines? The answer cannot be otherwise – that a foundling is a son or daughter of a Filipino father and mother. That is plain and simple common sense that a foundling in the Philippines is a natural-born Filipino citizen. It is absurd to imagine that a foreigner father or mother will go to Iloilo City just to make his or her daughter a foundling by leaving her in a churchyard in Iloilo City. That is not in the natural course of things or the ordinary habits of life. Even more absurd, is to presume that a foundling is a stateless person. That claim is not only a serious injustice; it is an irrational approach to a very humane question.

    Under Section 1 of Rule 131 of the Rules of Court, “Burden of proof is the duty of a party to present evidence on the facts in issue to establish his claim…” This is sanctified by the Latin maxim, “alegata et probata.” He who alleges must prove what he alleges.” It is not the duty of Poe to prove that she is natural-born. There is a disputable presumption that she. The ones who claim that Poe is not natural-born must prove their claim. That is the rule in this jurisdiction. From what is told in media, the complainants have not presented any evidence to overthrow that disputable presumption.

    Poe is natural-born Filipino

    A lot of issues are raised about Poe having become an American citizen thus she should not be treated as a natural-born citizen. This conclusion is absolutely wrong. Section 3 of Republic Act No. 9225 states – “Retention of Philippine Citizenship – Any provision of law to the contrary notwithstanding, natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizen of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic:

    *  *  *

    “Natural-born citizens of the Philippines who, after the effectivity of this Act, become citizens of a foreign country shall retain their Philippine citizenship by taking the aforesaid oath.”

    There are three key words in the afore-quoted provision—natural-born citizen, re-acquire and retain. What is re-acquired?—The natural-born citizenship! What is retained? —The natural-born citizenship! It is that simple. Why don’t these people who hate Poe go to Congress to amend the law? That is the name of the game! Whatever they say, in my legal dictionary, Senator Poe is a natural-born Filipino citizen.

    Question of residence and use of American passport

    Some question her period of residence in the Philippines. That period is uninterrupted from birth even if one lives in a foreign country. When she retained or re-acquired her natural-born status, she has resided here all her life. But even assuming that her having lived in the States, there was interruption on her physical residence, she has categorically stated that her declaration was an honest mistake in computation. Worse than Poe’s mistake is Dino’s mistake that he filed his certificate of candidacy as mayor of Pasay City.

    Comelec says this is considered an honest mistake, thus Rodrigo Duterte could substitute him as candidate for President. Duterte substituted a candidate for mayor of Pasay City, not candidate for President. You have to give it to Comelec for its exercise of scandalous inconsistency.

    What is good for the goose is good for the gander. The ruling of the Comelec on the Duterte disqualification cases is in violation of the section 1, Article III on the due process and equal protection clause of the Constitution. The Comelec is as notorious as ever in the Duterte ruling.

    On the question of the use of Poe of an American passport: This is piccata minuta as an old Justice used to tell me. The use of a passport is not an indication of loyalty to country it is a matter of convenience. Any fool knows that. To make a mountain out of a mole hill is just too much.

    These issues against Poe should be laid to rest. Whether you agree with me or not, let me express my views based on what Voltaire once said: “I may not agree with what you say but I will defend to the death your right to say it.” Let’s just argue rationally, let the fools resort to name-calling that will result to violence. (Comments are welcome by sending them to adazalawoffice@yahoo.com or calling 09062661133.

    Share.
    loading...
    Loading...

    Please follow our commenting guidelines.

    36 Comments

    1. If the foundling in Iloilo has blue eyes and blond will she still be natural born? If you answer yes that means your definition favors only circumstancial evidence so much like Poe is Filipino because of her native features. If natural born citizenship can be re-acquired then what is it that cannot? That makes a mockery of our citizenship laws.

    2. non-lawyer na pinoy on

      A well written article and the author has a very impressive resume. However, it seems to me that he’s lawyering for Grace Poe and I also think that his law dictionary is defective. The article stated that “there is no provision in our constitution or any statute in this jurisdiction that defines the citizenship of a foundling in the Philippines.” The author also said somewhere in his article that “it is the duty of the Supreme Court to finally define what citizenship of a foundling in the Philippines”. Well, what and where would be the SC basis if they define the status of foundlings? I thought the SC interpret the laws and Congress make the laws. Mr. Adaza, this can possibly happen because here in the Philippines, when a third element gets involved, all the impossible things will turn favorable, whoever has this element called MONEY.

    3. Vicente Carino on

      Sorry: Grace a natural born Filipino ctitzen… period Not question mark…please check thanks

    4. Vicente Carino on

      If our Constitution ( 1987 ) did not properly defined the citizenship of a FOUNDLING in the Philippines then the Supreme Court sitting EN-BANC , being one of their powers may decide whether or not a foundling is a natural born Filipino citizen or not , or decide on the qualifications to those running for President and Vice President..With BONOs assertions on GRACE being a natural born citizen , with Serenos statement so as the Ret. CJ Panganiban and so many legal luminaries who were not BIASED on their decision during their lifetime , HINDI NABABAYARAN ng ano mang bagay, I can safely CONCLUDE that GRACE POE is a NATURAL BORN FILIPINO CITIZEN?

    5. Ram Campagnolo on

      Lawyers like this writer love to twist the law in favor of someone because they have personal vested interest. I don’t believe the writer saying he is not interested in this election. Common, Atty. Homobono Adaza, who are you fooling around? You are still interested with politics and the laws of the land.

    6. ALEGATA ET PROBATA ba? it’s the constitution that says poe is not a natural born filipino. not the accusers. the accusers in this case of her disqualification are merely
      citing what the constitution so clearly and simply declares. that to qualify to be candidate for president, one has to be a natural born and blah blah blah. do we all have to be brilliant lawyers to understand that?

      by the way, i have nothing against poe nor am i for a particular candidate. just mystified why it takes so many brilliant minds to argue on a clear and simple presidentiable’s required qualifications.

    7. Logic of Bono is is so logical , only a nut , a fanatic to Peenoy and Mar will see otherwise.

      CARPIO should expound his views more…..the fellow was reallt behind the Corona impeachment together wit his partners who are with Mar, namely Simeon Marcelo and Avelino Cruz , former prtners of the infamous “THE FIRM”.

      Andy Bautista supposedly dissented in the COMELEC decision to DQ Poe, why has he not pubulished his dissenting opinion. HE DOTH PROTEST TOO MUCH !

      PCGG napaka corrupt……what happened to IMelda paintings by masters he proclaimed
      he found……BOLERO……He should account for all assets that were surenderred to PCGG by Marcos Cronies to PCGG during his time.

    8. Hogwash Senor Homobono Adaza, expert as you claimed you are, your views is way beyond understanding (malabo). If you are a lawyer you should have clear understanding with our constitutions requirements not an idea or palusot to gain traction on ones greed and ambition to be become a president and do a paawa.

    9. You just discarded the Constitution to satisfy your ego Mr. Daza. Most of those who said Sen. Llamanzares is not qualified to run are lawyers. Do you really think you know more than a former Dean of a college of law or the other lawyers of Comelec ? I doubt it.
      When you usurped the Constitution where does us poor people go, to you who is no longer practicing law..

    10. An expertly concise and precise interpretation of the Constitution and the laws in and out of the prime issue and a superb conclusive explanation that is not only enlightening but very impressive. I salute you Sir, honorable Homobono Adaza.

    11. Audie S. Vergara on

      Bravo! This article is a very refreshing view on the Poe issue of citizenship, one that is sensible, just and right. And I quote, “It is absurd to imagine that a foreigner father or mother will go to Iloilo City just to make his or her daughter a foundling by leaving her in a churchyard in Iloilo City.”

    12. Did he also author amendments to the Omnibus Election Code? He is an expert on Election Code, seems his opinion counts. I think the Supreme Court have no choice but proclaim foundlings in the Philippines natural born, not doing so will raise more legal questions.

    13. Is the non-lawyer columnist who once hold a government position but has no experience in interpreting the constitution reading this article printed in the same newspaper he’s writing for??

    14. Indeed, nabuntis ang bata sa Boracay or sa Cebu at para itago sa nanay ay nagpunta sa Iloilo. Nagkataon inabot ng ika buwanan sa Jaro kaya dun iniwan ang bata.

      Pangalawa, sya ang nag apply ng trabaho bilang presidente so kailangan nya patunayan that she complies with the requirements of the job. The burden to prove her qualification to the job lies on her. That burden is not just because someone alleges it to the contrary but because she has to satisfy compliance what the Constitution requires of the job. The Comelec already ruled on that issue, Señor. The question in the SC is whether there was abuse of discretion on the part of the Comelec. Even Marcos who has the best academic qualifications for the job erred in a lot of instances and that does not make Bono an exception – and my thinking is in the ordinary habits of life.

      Maybe, I was not there to question the constitutionality of the impeachment of Corona because I have no money to spend for filing fee and to pay an abugado de campanilla.

    15. Section 2 of Article VII which states that “No personal shall be elected President unless he is a natural-born citizen of the Philippines…and a resident of the Philippines for at least ten years immediately preceding such elections” which refer to section 2, Article IV of the same Constitution which states that “Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship…”

      From the above, “Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship…” ano po ba ang malabo sa batas na ito? “without having to perform any act to acquire or perfect their Philippine citizenship…” Sa akin pong pananaw Poe is not a natural born Philippine citizen…

      • Ram Campagnolo on

        Yes, I agree with you because GP Llamanzares adopted parents performed and act or process by means of legal adoption to acquire or perfect her Philippine citizenship. Therefore, she is a naturalized Filipino citizen two times not a natural citizen at birth.

    16. Common sense? Absurd?? Absurd bang isipin na pwedeng foreigner ang magulang ni gp? Pano kung anak sya ng isang purong intsik sa pinay at inabandona sa iloilo, di ba pwd mangyari yon? Daming intsik na alien dito sa pinas ah..

    17. at last at long last there is someone speaking some sense on this. Im no where near as intelligent as this guy ( or many who oppose grace poe ) but i have a lot of common sense. To me it seemed as clear as day she was a Filipino from birth & im also sure ive said on at least one other occasion in response to articles written in the Manila Times that the writers were either stupid or stupid. Yes i wrote the same thing twice, on purpose because they are just that stupid. Their hatred of Grace fuels their stupidity. I wonder if any of those will write an article in answer to this.
      Now i am interested in politics but i still struggle with Philippine politics. I dont know who are the best candidates but im very sure the Binays arnt, i think they are totally corrupt & always have been & always will be.
      Thank you for writing this article, i wish you had written it long ago.

    18. Vicente Carino on

      Kahit anong bansa yata ay kung ang isang tao ay mangibangbansa ay proper and complete documentation ang kailangan especially if one is pregnant.So if you are a foreigner especially not of Malay Race ,mahirap kang makalusut kung ang habol mo lang ay manganak ka sa Pilipinas at iiwan ang sanggol na isislang mo to become a foundling…Sino namang Natinality ( TAO ,Bansa ) ang pweding gumawa sa sinasabi mo na iiwanan ang anak nya here in the Philippines para maging foundling? Mahirap pa tayo sa DAGA , peace and order dito sa atin ay magulo , suhulan dito bayaran dito, sipsipan dito sipsipan doon ? Ang pweding Nationality na gagawa nyanng ay ang Sabah Malaysia,, he he , mawalang galang po, ayaw po nilang ipnganak ang baby nila here , pulubi nga tayo at magulo pa..Sa totoo lang karamihan ng mga Pinay na illegal sa Sabah ,doon nila ipinapanganak ang kanilang sanggol para Maging Malasyian citizen sya ….Kung hindi of Malay Race , mga negra o tisay ay di kitang kita naman na foreigner ang nag iwan dito…so physical features palang ng sanggol , kahit walang DNA test ay can be proven na foreingner di poba kuyang….Be as it may kung makalusut nga ang nagpapalusut at lumusut …in my opinion because of those International Laws na sinasabi ng mga lawyers natin, we have to consider foundlings of such kind or palusut as natural born filipinos…also for Humanitarin purposes he he …pero ang iboboto ko pa rin ay si POE , pag na disqualify sya si DUTERTE ako …and for my VP– Bong Bong ako he he

    19. Emerita Bailon on

      Agree 110%. Atty Adaza is one of the brilliant legal minds our country has produced. This article is legally informative, insightful and well-researched and elegantly written without using high-falluting words ( as opposed to that columnist/priest from San Beda).
      Atty Adaza writes to express not to impress. Poe’s lawyers should take note of the salient points raised on this article and incorporate them in their memorandum.
      KUDOS TO ATTY ADAZA!!!!!!

    20. orville manangan on

      Bono contends that ONLY lawyers like himself are qualified to properly interpret law. Plainly this is a one-sided egoistic and self-centered position: is he stating that those whose legal interpretation is not in accord with his are non-lawyers and thus not qualified to render an acceptable viewpoint? I am not a lawyer but my years of reading about and watching trials have taught me that LAW is a matter of interpretation, much unlike science which is absolute. At the end of the day it is the interpretation that is more effective packaged and marketed wins. This is why there are winners and losers in the legal game.

    21. Emilio Marayag on

      Please read RA9994 Rule III Article 5.1. It says that those granted dual citizenship should prove their citizenship to be entitled privileges of a senior citizen. If such privileges require proof of citizenship then probably the LAW must do the same to people who will wield power in government.

    22. You hit it right Bono! The ones opposing GP does not want her to run because she might win and they cannot accept that foundlings may someday rule! Woe to those who consider foundlings not as natural-born citizens. It is not their choice to be abandoned by their parents, and unless proven otherwise, they are conceived by Filipino parents.

    23. Leodegardo Pruna on

      One doesn’t need to be an expert. The Philippine Constitution is the basic law of the land, not only has this been ratified by the people but is the foundation of all laws which are passed by Congress. The Philippine Constitution defines who and what are required to be citizen of the Philippines and the requirement of who are eligible to run for the presidency. While I admire Sen. Bono, this time, I just cannot agree with his analytical and perceptual analysis of the citizenship and residency qualifications of disgraced GRACE. To disregard the basic law of the land is very dangerous as it will lead to anarchy. God bless the Philippines.

    24. I am not a lawyer but the legal analysis presented has no wisdom, I think. That is what I learned from my philosophy class.

      The analysis mentioned (1) alegata et probata, and (2) that presumptions are satisfactory if uncontradicted, but maybe contradicted and overcome by other evidence.

      The evidence on (1) and the very evidence against (2) is the constitution itself.

      The constitution identified and enumerated who are natural born citizens – That is evidence 1 that satisfies alegata et probata.

      The constitution is the primary law of the land. All other laws must conform to it or yield to it. The cited provision of the Rules of Court is a secondary law. The constitution has already identified and declared who are natural born citizens, as a matter of fact, and therefore not subject to presumptions on evidence. That is evidence against (2).

    25. I agree with the writer. Nakita ko ang kanyang article na napaka accurate plus he is also a credible person. Para sa mga taong nag iisip at hindi lang basta basta naninira ng mga tao, maiisip mo na tama talaga ang sinasabi ng columinist. hindi lang naman kasi siya ang nagsasabi kundi mismo ang batas din ang nagsasabi na NATURAL BORN CITIZEN si Grace Poe or ang mga foundling. Ang mga taong nauuto lamang ng mga nagsasampa ng kaso sa kanya ay yung mga tao na irrational, mga hindi nag iisip at naniniwala lang sa kung ano ang nakikita at naririnig sa media, hindi sila nag iisip at hindi nila inaalam kung ano ang tama. pinaka gusto ko na sinabi ng columnist na, hindi dapat naghahain ng evidence si Grace Poe kung bakit siya natural born citizen, dapat ang mga nagsasampa ng kaso sa kanya ang naghahain ng evidence kung bakit hindi siya natural born citizen, and up to now, ilang buwan na ang nakakalipas, hindi naman naghahain ng evidence yung mga nagsampa na yun ng kaso ng kanilang matibay na ebidensya. At dahil sa ginagawa nila na yan, kung ikaw ay talagang nag iisip, mapapaisip ka na dapat pala talagang matagal ng tapos ang kaso na to ni Grace Poe, pero hanggang ngayon hindi parin siya tapos. Bakit? ang nakikita ko na lang na rason e, patuloy itong pinapahaba at ginagawang malaking bagay ng mga taong gustong manira kay Grace Poe.

    26. Mariano Patalinjug on

      Yonkers, New York
      05 February 2016

      Now iconic lawyer, political activist and one-time parliamentarian HOMOBONO ADAZA has come out, finally, in support of Grace Poe Llamanzares who is a candidate for President.

      His support must carry a lot of weight because he is a lawyer “de campanilla,” and those who question GPL’s qualifications to be a candidate for President are not to be given serious attention because they are not lawyers. Only lawyers would know how to interpret the relevant provisions of the Constitution and of the Omnibus Election Code which requires that candidates for President 1] must be a natural-born citizen of the Philippines, and 2] must be in compliance with the 10-year residency requirements.

      The Comelec, the constitutional body charged with vetting all candidates for political office in the country must have erred grievously when, first, its 2d Division disqualified GPL from being a candidate for President; secondly, when its 1st Division did likewise; and 3d, when the Comelec, sitting en banc, also DISQUALIFIED HER.

      That is understandable because, obviously, the members are NOT LAWYERS, and, therefore cannot be expected to know what the Constitution and the Law says about the requisite qualifications of candidates for the office of President.

      The other problem is that the three Justices of the Supreme Court who sit as members of the Senate Electoral Tribunal disqualified Grace Poe Llamanzares as a Senator for not being a natural-born Filipino citizen and for not being in compliance with the 10-year residency requirement. Because one has to assume that those three Justices are lawyers, and are expected to be familiar with the relevant provisions of the Constitution and the Omnibus Election Code, it should be plain that they committed an act of grave abuse of discretion–or an act ultra vires.

      MARIANO PATALINJUG
      patalinjugmar@gmail.com

      • Comelec commissioners who dq Poe are not lawyers and therefore does not know the constitution whereas PET SC justices who voted for dq committed an act of grave abuse. If thrings does not suit your way you tell them that they are incompetent or abusive of authority. Who are you who got superior mind than the people authorized to interpret the constitution?

    27. You grab the bull by its horn, Bono! They are non lawyers but they claimed to be superior to chief justices Sereno and Panganiban in interpreting the constitution. I am not a Poe fan but these people wanted us to chose between their candidates.Grace Poe surely hold the balance of equation in their chances of victory, sadly their so called presidential timbers is found wanting as we desperately chose which one is the better evil.

    28. what if it is borne by a foreign tourist who intentionally went to the Phil to give birth to an unwanted child and hide it by abandoning it after birth? Can this child be consider natural-born citizen of the Phil after someone found it?

      • Atty Adaza explained that scenarios like this may exist but it is for those who accuse Sen Poe of not being a Natural Born to prove …Atty Adaza also explained that the law abhors a vacuum hence, the Supreme Court would have to interpret the law accordingly, i.e. define the citizenship of a foundling …No fan of Atty Adaza but I completely agree to his defense that a foundling cannot be stateless …even if it is not directly stipulated, a foundling is (has to be) a Natural Born Filipino.

      • I think even if the physical features of the child is Caucasian/White Skinned, if the child was abandoned and parents are unknown, and he is not a missing child, he should be deemed a foundling and thus a natural born filipino citizen if found in the territory of the Philippines.

      • Dr. Vic Sanchez on

        No. But the burden of proof that Poe is a child of a foreigner lies in the accuser, not the accused. Meaning, the accuser must prove in court that POE is a foreigner’s child.

      • Not natural course. Even presuming the candidate is able to run, the people will not vote for her if her physical features does not resemble a normal Filipino. Perhaps the likelihood of your question being possible if the foundling was found in Boracay.