CITIZENSHIP; Foundling
That the Philippines is not a party to the 1930 Hague Convention nor to the 1961 Convention on the Reduction of Statelessness does not mean that their principles are not binding. (SC)
Re: CITIZENSHIP; Foundling
Mary Grace Natividad S. Poe-Llamanzares (Poe) filed her certificate of candidacy (COC) for the position of President of the Republic of the Philippines for the May 9, 2016 elections. Estrella C. Elamparo (Elamparo) filed a petition for the disqualification of Poe before the Commission on Elections (COMELEC), claiming that Poe could not validly claim Filipino citizenship and fulfill the residency requirement as she was found to be a foundling.
The COMELEC First Division dismissed Elamparo's petition, ruling that Poe was a natural-born Filipino citizen and met the residency requirement. However, the COMELEC Second Division reversed the decision, finding Poe disqualified to run for President due to her inability to prove her Filipino citizenship and meet the residency requirement. Poe filed a motion for reconsideration, but it was denied.
Poe filed a petition for certiorari with the Supreme Court (SC), primarily questioning the COMELEC's jurisdiction to disqualify her. The SC consolidated the petitions and issued a Temporary Restraining Order (TRO) to enjoin the COMELEC and any other tribunal from disqualifying Poe.
ISSUES:
1. Whether the COMELEC had jurisdiction to disqualify Poe;
2. Whether Poe is a natural-born Filipino citizen;
3. Whether Poe satisfied the residency requirement for the position of President.
Ruling:
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NOTE:
That the Philippines is not a party to the 1930 Hague Convention nor to the 1961 Convention on the Reduction of Statelessness does not mean that their principles are not binding.
While the Philippines is not a party to the 1930 Hague Convention, it is a signatory to the Universal Declaration on Human Rights, Article 15(1) of which effectively affirms Article 14 of the 1930 Hague Convention. Article 2 of the 1961 "United Nations Convention on the Reduction of Statelessness" merely "gives effect" to Article 15(1) of the UDHR
In Razon v. Tagitis, this Court noted that the Philippines had not signed or ratified the "International Convention for the Protection of All Persons from Enforced Disappearance." Yet, we ruled that the proscription against enforced disappearances in the said convention was nonetheless binding as a "generally accepted principle of international law."
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