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By: Artemio V. Panganiban

@inquirerdotnetPhilippine Daily Inquirer01:24 AM September 27th, 2015

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My two columns opining that Sen. Grace Poe possesses natural-born citizenship that could be affirmed by aDNA (deoxyribonucleic acid) test were written three months ago on June 14 and 21. Yet, to this day, I stillget a lot of questions. For easy comprehension, I will simplify the questions and my answers.

Question 1: Why is natural-born citizenship important? Answer: Because only natural-born citizens arequalified to be president, vice president, senator, congressman or Supreme Court justice.

Consequently, if a final decision decrees that Senator Poe is NOT a natural-born citizen, she would beremoved from her office as senator, barred from running for the presidency and, if elected, prohibitedfrom serving her mandate.

Question 2: What tribunals are authorized to passjudgment on her citizenship? Answer: The SenateElectoral Tribunal has jurisdiction over cases questioningher qualifications as a senator. Also, the Commission onElections is authorized to hear and decide petitionschallenging her qualifications for the presidency but onlyafter she has filed her certificate of candidacy for thepost. The decisions of these tribunals may be elevatedto the Supreme Court later.

Question 3: Which Constitution governs her citizenship?Answer: The 1935 Constitution because this was ourbasic law in 1968 when she was born. Under thisConstitution, The following are citizens of the Philippines: (1) Those who are citizens of the PhilippineIslands at the time of the adoption of this Constitution. (2) Those born in the Philippine Islands of foreignparents who, before the adoption of this Constitution, had been elected to public office in the PhilippineIslands. (3) Those whose fathers are citizens of the Philippines. (4) Those whose mothers are citizens of thePhilippines and, upon reaching the age of majority elect Philippine citizenship. (5) Those who arenaturalized in accordance with law.

In addition, the 1935 Constitution (as well as the current one) states that the Philippines adopts thegenerally accepted principles of international law as part of the law of the Nation. Thus, by this doctrine ofincorporation, customary international laws are given the same force and effect as statutes passed byCongress.

Question 4. What are the international laws that govern the citizenship of foundlings?

Answer: Mainly, (a) the 1930 Hague Convention on the Conflict of Nationality Laws, (b) the 1948 UniversalDeclaration of Human Rights, and (c) the 1961 Convention on the Reduction of Statelessness. Ininternational law, nationality is synonymous with citizenship.

Question 5: Specifically, what provision of the 1961 Convention on the Reduction of Statelessness isrelevant to Senator Poe? Answer: Article 2 which states: A foundling found in the territory of a ContractingState shall, in the absence of proof to the contrary, be considered to have been born in the territory ofparents possessing the nationality of that State.

Question 6: The Philippines is not a signatory to this 1961 Convention. Why are we bound by its provisions?Answer: Because they have become generally accepted principles of international law which, as earlierstated, are as binding as statutes passed by Congress.

Question 7: Who are natural-born citizens? Answer: Under the 1987 Constitution, they are those who arecitizens of the Philippines from birth without having to perform any act to acquire or perfect theirPhilippine citizenship.

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Question 8: Why is Grace Poe a natural-born citizen? Answer: Because under Article 2 of the 1961Convention quoted above, shea foundling who was found in Iloilo, Philippinesis deemed to haveFilipino parents. Perforce, she is natural-born since her presumed parents, specifically her father, areaccorded Philippine citizenship.

Question 9: Is she not a naturalized Filipino falling under item 5 in the answer to Question 3 that she wasnaturalized in accordance with (international) law? Answer: No, it was her parents who acquiredPhilippine citizenship pursuant to international law. But she derived her citizenship from her presumedFilipino father; thus, she is a citizen from birth without having to do anything to acquire or perfect herPhilippine citizenship.

Question 10. May her biological father be proven to be actually an alien? Answer: Yes, but the burden ofproof belongs to those who challenge her natural-born status. Unless such proof is presented, her parentscontinue to be presumed Filipinos. Thus, she retains her natural-born citizenship.

Question 11: Grace Poe became a US citizen after she got married and moved to the United States, how didshe reacquire her natural-born citizenship? Answer: By taking an oath of allegiance to the Philippinespursuant to the Dual Citizenship Law (Republic Act No. 9225) and by renouncing her American citizenshippursuant to American law.

Question 12. Aside from invoking the interaction between our Constitution and customary internationallaw, may Senator Poe prove her natural-born citizenship by other methods? Answer: Yes, by undergoing aDNA test showing that her biological father is a Filipino. Our Supreme Court has issued many decisionsaffirming the binding force of DNA tests.

Question 13. How are DNA tests conducted and can such tests conclusively prove who her biological fatherand mother are? Answer: Yes, if done according to the protocols laid down by the Supreme Court. More onthis in a future column.

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