Grace Poe - disqualified because she is a foundling

There has been a case in the Philippines that has interested me. Philippine Senator Grace Poe filed to run for President in 2016.  The Senate Electoral Tribunal (SET) disqualified her as a candidate because she is a foundling whose parents are both unknown. A foundling is an infant that has been abandoned by its parents and is discovered and cared for by others. Poe's Philippine citizenship cannot be established, recognized or presumed under the 1935 Constitution since the charter did not grant citizenship to children born in the Philippines whose parents' identities are a mystery.

The 1935 Constitution clearly required blood relations to the father to establish the natural-born citizenship of a child. The 1935 Constitution did not contain any provision expressing or implying the granting of Filipino citizenship to foundlings on the basis of birth in the Philippines. According to this interpretation, the child of a Filipino mother with a foreign father would not be a citizen by birth, because the law or the Constitution requires that he make a further declaration after his birth. The 1935 Constitution allows only children whose fathers were Filipino citizens to be automatically natural-born Filipino citizens.  It is argued that the framers of the Philippine Constitution did not want children born to alien fathers to be naturalized Philippine citizens.

There is a 1987 Constitution and it states: Natural-born citizen, “No person may be elected President or Vice-President or Senator or Congressman unless he or she is a natural-born citizen of the Philippines…” Grace Poe is presently a sitting senator. I do not understand why this issue did not come up until she decided to run for President. It seems strange that there was no outcry when she ran for Senator and it is even stranger that SET did not disqualify her then.  Did the people who are protesting her bid for president not care if she became a senator, but she now has become too much competition for others seeking the position of president in 2016? Politics are strange in every country, enemies become friends and friends become enemies, in order to get elected and after the election everyone kisses and forgets.

In the case of Senator Grace Poe she does not know who her father or mother is, therefore she cannot automatically be classified as a natural-born Philippine citizen unless someday it can be determined who her father is. No one is questioning if she was born in the Philippines. She was found in 1968 in a church in Jaro, Iloilo, Philippines. Originally she was cared for by residents of Jaro, Iloilo, and later adopted by Ronald Allan Kelley Poe (Fernando Poe Jr.) and Jesusa Sonora Poe (Susan Roces). Her adopted parents were both actors. Her adopted father is now deceased and himself was a presidential candidate.

There are issues about her becoming a U.S. Citizen, then returning to the Philippines and reclaiming her Philippine citizenship, etc. I am not interested in that situation. The only thing that intrigues me is the foundling issue.

Those opposing her candidacy also argue there is no International Law conferring automatically a nationality to foundlings at birth. There is the United Nations Convention of the Reduction of Statelessness that provides: “A foundling found in the territory of a contracting State shall, in the absence of proof to the contrary be considered to have been born within that territory to parents possessing the nationality of the State. The Philippines is one of the signatories of the 1945 United Nation charter, but the ruling powers in the Philippines claim that rule does not cover Grace Poe because it did not go into effect until 1975.

There is also under Article 2 of the 1961 International Convention on Statelessness, “a foundling found in the territory of a Contracting State shall, in the absence of proof to the contrary, be considered to have been born within the territory of parents possessing the nationality of that State.” The Philippines is not a signer to that agreement.

Under the 1948 Universal Declaration of Human Rights which the Philippines did sign and which their Supreme Court has consistently enforced states, “Everyone has a right to a nationality.”  To deny Poe or anyone citizenship based on foundling status seems to violate that agreement.

One article written in the Philippines stated Grace Poe could not renounce her U.S. citizenship because U.S. law forbids it. It claimed once a U.S. citizen always a U.S. citizen that is not true.  More Americans gave up their U.S. citizenship (3415) in 2014 than ever before.  In 2013 there were 2,999 Americans who renounced their citizenship. Most expat’s do it for tax reasons. If they decide at a later date to reunify and regain their citizenship they must pay the U.S. Treasury $2,350 and complete the proper forms. The U.S. Embassy in Manila has confirmed Grace Poe renounced her U.S. citizenship and who in the Philippines has the right to question who the U.S. can or cannot allow to renounce their U.S. citizenship.  

Before you send me a negative comment please understand I am not questioning the right of the Philippines to deny citizenship to whomever they please. I am simply saying I am confused by what I read in the Philippine newspapers and hear on Philippine voice media. The stories seem to change based on who is telling the story and who the story teller supports for president in 2016.

U.S. code 1401 states regarding natural born citizenship of babies: a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person is a U.S. citizen; any person born in the United States is a U.S. citizen; a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth is a U.S. citizen; a person of unknown parentage found in the United States while under the age of five years and it is not proven they were not born in the United States is a U.S. citizen; a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years is a U.S. citizen.

I wonder how many Filipino’s have taken advantage of the lax U.S. natural born citizenship laws in order to become U.S. citizens or have dual citizenship.  I am sure the number is in the thousands as with aliens from all countries. I would think there are a few Philippine politicians that have taken advantage of U.S. citizenship laws.

Senator Ted Cruz now running for the Republican nomination for U.S. President was born to a Cuban alien father, American mother, in CANADA and is considered a natural born citizen of the United States.

For some time the U.S. has had a problem with mothers coming to the U.S. for the purpose of giving birth and then returning to their home country after the baby is born.  It entitles the child to U.S. citizenship, all rights as a U.S. citizen including, in State tuition fees, welfare, etc.  It is only against U.S. law if the mother lies about her reason for entering the U.S. prior to the baby being born. It is illegal to enter the U.S. for the purpose of giving birth. We now have a problem with wealthy pregnant women from China. Perhaps it is time for the U.S. to adopt the same laws that other countries, like the Philippines have to eliminate the problem. I am sure if U.S. laws were changed it would have a negative effect on many Filipino’s as it would citizens from other countries.

I would like to see our immigration problems solved, but I could never bring myself to declare children born in the United States, regardless of their parent’s citizenship or being born to unknown parents stateless. Only a heartless person could mistreat a child who had no control of the circumstances surrounding his or her birth in that way. 

There are some cultural traditions in every country, in every religion and every denomination that should be changed and anyone in my opinion that still treats foundlings in this manner should make the needed changes as soon as possible. 

I wonder if the present Philippine foundling law is related to a Spanish tradition regarding male status in society or is it related to something to do with the Catholic Church.  The Philippines is predominantly Catholic and there was a time when I am sure the Catholic Church would have approved of the law.  I guess the bishops of the Philippine still approve of the law because their silence is deafening.   I certainly do not thank Pope Francis would approve of the law.