Re: Philippines Next President?
Posted: Fri Mar 04, 2016 5:02 pm
If at the time of her birth, need nya pa gumawa ng any act para maging Filipino sya, e.g., need nya pa magpa-naturalize.
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pag caesarian ang pagkakapanganak sa bataDaniel wrote:So paano hindi matatawag na hindi natural-born ang 1 Pinoy?
Eto kasi ang ilang argumento against Poe:Citizenship by birth
As of 2010, with no significant changes expected, Philippine nationality law provides that a person becomes a Philippine citizen by birth if
that person was born on or after October 15, 1986 and at least one parent was a Philippine citizen on the birthdate;
that person was born on or after January 17, 1973 and both parents were Philippine citizens on the birthdate or the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;
or the person was born on or after May 14, 1935 and the father was a Philippine citizen or, if the father was not, the mother was a Philippine citizen and the person elected Philippine citizenship pursuant to the provisions of the 1935 Constitution;
or that person was born on or after August 29, 1916 and prior to May 14, 1935 and at least one parent was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, or that person was an inhabitant and resident of the Philippine Islands and a Spanish subject on April 11, 1899, except in certain specific cases.
Citizenship by naturalization
Commonwealth Act No. 473, approved June 17, 1939, provided that persons having certain specified qualifications may become a citizen of the Philippines by naturalization.
Republic Act No. 9139, approved June 8, 2001, provided that aliens under the age of 18 who were born in the Philippines, who have resided in the Philippines and have resided therein since birth, and who possess other specified qualifications may be granted Philippines citizenship by administrative proceeding subject to certain requirements.
Under Section 2 of the Revised Naturalization Law the applicant must possess the following qualifications:
He/she must not be less than twenty-one (21) years of age on the day of the hearing of the petition;
He/she must have resided in the Philippines for a continuous period of not less than ten (10) years;
He/she must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living;
He/she must own real estate in the Philippines worth not less than five thousand (5000) pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;
He/she must be able to speak or write English or Spanish or any one of the principal languages;
He/she must have enrolled his minor children of school age in any of the public or private schools recognized by the Bureau of Public Schools of the Philippines where Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of the petition for naturalization as Philippine citizen.
Loss and reacquisition of Philippine citizenship
Commonwealth Act No. 36, dated 20 October 1936, provides that Philippine citizens may lose citizenship in any of the following ways or events:
By naturalization in a foreign country;
By express renunciation of citizenship;
By subscribing to an oath of allegiance to support the constitution or laws of a foreign country upon attaining twenty-one years of age or more: Provided, however, That a Filipino may not divest himself of Philippine citizenship in any manner while the Republic of the Philippines is at war with any country.
By rendering services to, or accepting commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, except in certain specified cases;
By cancellation of the certificates of naturalization;
By having been declared by competent authority, a deserter of the Philippine armed forces in time of war, unless subsequently, a plenary pardon or amnesty has been granted; and
In the case of a woman, upon her marriage to a foreigner if, by virtue of the laws in force in her husband's country, she acquires his nationality.
Republic Act No. 8171, approved 23 October 1995, provided a mechanism allowing Filipino women who have lost their Philippine citizenship by marriage to aliens and natural-born Filipinos who have lost their Philippine citizenship, including their minor children, on account of political or economic necessity, to reacquire Philippine citizenship.
Republic Act No. 9225, approved 29 August 2003, provided that natural-born citizens of the Philippines who had lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country would be deemed to have re-acquired Philippine citizenship upon taking an oath of allegiance to the Republic, and that their children whether legitimate, illegitimate or adopted, below eighteen (18) years of age, shall be deemed citizens of the Philippines.
- In item number 1, sablay na si Grace. Walang nagpapakitang tunay magulang na Pinoy eh.Senate Qualifications:
1. A natural born citizen of the Philippines.
2. At least 35 years of age on the day of the election.
3. Able to read and write
4. A registered voter
5. A resident of the Philippines for not less than two years immediately preceding the day of the election.
- Item number 1, sablay pa rin si Grace.Qualification for Philippine President and Vice-President:
1. natural born citizen of the Philippines
2. registered voter
3. able to read and write
4. at least 40 years of age on the day of election
5. resident of the Philippines for at least 10 years immediately preceding the election.
deathzero23 wrote:Pwede ba may gumawa ng thread about senatorial race 2016 or renamed this thread Election 2016? Wala lang.
Gumagawa na kasi ng ingay yung mga gustong tumakbong senador.
So far Si Gordon at Gatchalian pa lang naiisip kong iboto.
Napanood ko yung "Cupal Test" sa Kontrabando.
Ang mga nainterview na doon eh si Neri Colmenares, Ria Hontiveros at Lorna Kapunan
Ayaw ko sila iboto. Lalo na si Kapunan.
The justice reiterated foundling Poe is not a natural-born Filipino as her birth does not fall in any of the conditions set by the 1935 Constitution, the law applicable to her birth in 1968.
While the camp of Poe said that the intent of the framers of the 1935 Constitution and international laws and treaties grant foundlings natural-born status, Carpio debunked their arguments.
As what Carpio pointed out in his dissenting opinion in the Senate Electoral Tribunal ruling, he reiterated that delegates to the 1934 Constitutional Convention eventually rejected the amendment seeking to include foundlings in the list of natural-born Filipino citizens at birth.
Carpio added the Philippines is not bound by international laws and treaties cited by Poe – the 1930 Hague Convention and the 1961 United Nations Convention on the Reduction of Statelessness – as the Philippines is not a signatory to them.
While the Philippines signed the 1989 Convention of the Rights of the Child, Carpio said this could not apply to Poe’s birth in 1968 because the Philippine government signed it only in 1990, or more than 20 years after.
Further, the senior justice said the treaty grants only the right to acquire nationality, not natural-born citizenship.
“In sum, there is no international treaty to which the Philippines is a contracting party, which provides expressly or impliedly that a foundling is deemed a natural-born citizen of the country in which the foundling is found. There is also obviously no international treaty, to which the Philippines is not a party, obligating the Philippines to confer automatically Philippine citizenship to a foundling at birth,†Carpio said.
The justice again hit Poe and her camp for supposedly using emotions to steer the issue. For Carpio, only DNA evidence could prove that Poe is indeed a natural-born Filipino.
All DNA tests of Poe so far, however, have yielded negative