Metro Manila (CNN Philippines) — Senator Grace Poe and other foundlings found an ally in Chief Justice Maria Lourdes Sereno.
In the third Supreme Court (SC) oral arguments for Poe’s case, the chief justice on Tuesday (February 2) grilled Commission on Elections (Comelec) Commissioner Arthur Lim on the status of foundlings.
No less than the chief magistrate pointed out the implications should the court rule against foundlings seeking public office.
Sereno said the Comelec’s decision would mean that foundlings would be barred from holding public office, while sitting officials would be removed from office.
But the poll body stood by its position that it did the right thing in cancelling Poe’s certificate of candidacy.
Lim pointed out, Poe was not able to provide evidence that would prove that she was a natural-born Filipino.
According to Lim, the poll body held that foundlings were not natural-born Filipinos as defined by the Constitution.
“Those are valid sentiments raised by the court, regarding the plight of foundlings. But the position of Comelec is that the sad plight of foundlings has to be addressed at the first instance by Congress and by the executive department,” Lim explained.
Chilling effect
The Chief Justice said based on Comelec’s theory in relation to Poe’s candidacy, foundlings cannot have scholarships, can’t practice a profession, and can’t own land.
She said it would be unsettling should the Philippine Supreme Court degrade an entire class of people— and this will be known in the whole world.
The Chief Justice also argued that proving filiation by blood is not an absolute requirement. The chief magistrate said presumption could take place.
Sereno said only eight of 189 countries use blood relationship or “jus sanguinis” as the sole basis for determining citizenship. And out of these 189 countries, 166 consider foundlings as citizens.
The chief magistrate also argued that while this position talks about bloodline, it’s all about purity of race—and she points out the Constitution never said, “we are a nation of pure-blooded race.”
With barely four months to May presidential elections, it is still unclear how long Poe’s case might take in the SC.
The high tribunal alone could determine how many more session days will be allotted for Poe’s case.
