give it up, grace

06 December 2015

being a natural born citizen has nothing to do pala with where you were born, rather, it has everything to do with the citizenship of your parents.  you can be born in the philippines but if neither parent is a filipino citizen, then you’re not a natural born filipino.

check out harvard law review‘s On the Meaning of “Natural Born Citizen” — we copied it from the americans, after all — in the spirit of clarifying terms amid continuing allegations that obama was not natural born and therefore not qualified to be president.

… the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.

… The original meaning of “natural born Citizen” also comports with what we know of the Framers’ purpose in including this language in the Constitution. The phrase first appeared in the draft Constitution shortly after George Washington received a letter from John Jay, the future first Chief Justice of the United States, suggesting:

[W]hether it would not be wise & seasonable to provide a . . . strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in chief of the american [sic] army shall not be given to, nor devolve on, any but a natural born Citizen.12.

As recounted by Justice Joseph Story in his famous Commentaries on the Constitution, the purpose of the natural born Citizen clause was thus to “cut off all chances for ambitious foreigners, who might otherwise be intriguing for the office; and interpose a barrier against those corrupt interferences of foreign governments in executive elections.”

makes sense, di ba?  paano kung mga intsik pala o mga kano ang mga magulang niya, e di nalintikan tayo pag nahalal siya tapos biglang umapir ang mga iyan, behind the scenes of course, at subukang mangialam sa spratlys at kung saan-saan pa, haha, parang pelikula, but certainly within the realm of possibilities in this age of geopolitical conspiracies.

it is not enough to say she was born here, kilala naman natin siya, kilalang kilala natin ang umampon at nagpalaki sa kanya, e ano kung nangibang-bansa siya at naging US citizen, heto’t bumalik naman para nga magsilbi sa bayan, di ba, at para isulong ang mga karapatan ng mga foundling na tulad niya, with matching tears.

ang problema kasi ni grace ay foundling siya, or so she says.  maaaring totoo ito — napulot lang siya sa isang simbahan sa iloilo, in which case, sorry na lang, she’s simply not qualified, not until she is able to find her parents and they prove to be filipino citizens.   pero maaari ring hindi — posible ring ayaw lang niya na malaman natin for whatever reason kung sino ang mga magulang niya, kaya gumawa na lang ng istorya.

kung foundling siya talaga, bakit hindi siya registered as foundling, and why are her official documents a mess?  as accountant and tax practitioner jesus clavo points out in his comment to inquirer‘s Comelec has authority when it disqualified Poe, says veteran lawyer:

It will really be an uphill battle for Grace Poe. In the next three cases to be heard, the biggest challenge facing her is her status as a natural-born citizen or not. The two contradicting birth certificates will be focused upon. The first birth certificate dated Nov. 27, 1968 which contain handwritten notes in the margin says a foundling named Mary Grace Natividad Contreras Militar was found in the church at Jaro, Iloilo on Sept. 3, 1968. The notation says “adopted child of spouses Ronald Allan Poe and Jesus Sonora Poe per court Order Municipal Court San Juan Rizal by Judge A Gorgonio dated May 13, 1974. The second birth certificate dated May 4, 2006 EXECUTED BY JESUS SONORA POE states Mary Grace was born to Jesus Sonora Poe and Ronald Allan Poe Sept. 3, 1968. Something is really wrong because the second document wasi misleading and make Grace Poe a natural-born child of Poe and Sonora, who were married only in December 1968. Jesusa Sonora Poe is known to have not given birth to any child. That fictitious birth certificate executed in May 4, 2006 was obviuolsy prepared to support the application of Grace Poe to reacquire her Filipino citizenship filed in July 10, 2006. Based on the second birth certificate, Poe is now a natural-born citizen instead of a “foundling”. There was a deliberate act to deceive.

and please, itigil na iyang let-the-people-decide eklat.  this, from a reader cited by yen makabenta, demolishes the soundness of that vox populi, vox dei argument.

Reader Jose Oliveros, who is most likely a lawyer, has sent me several reactions to my columns that shed much light on the “let the people decide” argument.

He informs me that former Chief Justice Panganiban has the penchant for citing his ponencia in the 1996 Frivaldo case that on questions of qualification of a candidate, let the people decide. But in 2008, the Supreme Court, in an en banc decision, debunked that position in the following words:

“Petitioner also makes much of the fact that he received the highest number of votes for the position of Vice Mayor of Catarman during the 2007 local elections. The fact that a candidate, who must comply with the election requirements applicable to dual citizens and failed to do so, received the highest number of votes for an elective position does not dispense with, or amount to a waiver of, such requirement. The will of the people as expressed through the ballot cannot cure the vice of ineligibility, especially if they mistakenly believed that the candidate was qualified. The rules on citizenship qualifications of a candidate must be strictly applied. If a person seeks to serve the Republic of the Philippines, he must owe his loyalty to this country only, abjuring and renouncing all fealty and fidelity to any other state. The application of the constitutional and statutory provisions on disqualification is not a matter of popularity….

“In his dissenting opinion in the 2004 FPJ citizenship case, then Associate Justice Tinga characterized the “let the people decide” mentality as a “malaise, whether caused by academic sloth, intellectual cowardice or judicial amnesia which has unfortunately plagued this Court. (Here, Tinga cited the 1996 case of Frivaldo v Comelec). Continuing, Tinga said: “It is an easy cop-out that overlooks the fact that the Constitution is itself an expression of the sovereign will. The Filipino people, by ratifying the Constitution, elected to be bound by it, to be ruled by a fundamental law and not by a hooting throng.”

there is a time and a place naman for hooting throngs, but, please, not when the law is clear and reasonable, and certainly not for the sake of one grace doe, i mean, poe, and her trapo and tibak cohorts.

give it up for now, grace, alang-alang sa bayan.  kung ukol, bubukol, in its own good time.

14 Responses to give it up, grace

  1. December 7, 2015 at 9:15 am
    ricelander

    Reading both sides of the legal debate, malabo si Poe.

    Personally, tingin ko rin natural-born siya, meaning ang parents ay parehong Filipinos, problema lang, dahil siguro kailangang itago ang mga tunay na magulang, nagkalabo-labo na.

    Kung aaminin na lang kaya? Will they dare expose an alleged family scandal they have worked hard to hide?

    • December 7, 2015 at 10:00 am

      may mga abogado allegedly in the know who allege na totoo ang tsismis and that she knows it. if so, at ayaw lang niyang ma-expose ang katotohanan dahil maraming masasaktan, e ni hindi siya dapat pumasok sa pulitika. i have a feeling that she was made to believe na kayang kayang lusutan, after all she topped the senatorial race andnumber one siya sa surveys at the time.

  2. December 7, 2015 at 11:38 am
    Robert Arellano

    Why I do not understand is why is she in such a hurry?

    • December 7, 2015 at 12:51 pm

      bakit nga ba nagmamadali? say ng supporters niya noon, strike while the iron is hot. baka iba na ang ihip ng hangin sa 2022. siyempre you wonder kung ano kayang agenda ng mga gumagastos para sa kampanya niya. and then again, di rin naman natin alam kung ano ang agenda ng ibang kumakandidato.

    • December 7, 2015 at 4:25 pm
      Wilfredo Prilles Jr

      She wants to avoid running against PacMan in 2022.

      • December 7, 2015 at 6:31 pm

        PacMan as in Pacquiao? hmm parang she’s the perfect one nga to pit against pacquiao, that is, if she can show she’s natural born.

  3. December 7, 2015 at 3:37 pm
    Batang-genyo, ala-eh

    Sa tingin ko, may kinalaman so Chiz Escudero sa biglaang pagpasok sa pagka panghulo. Atat na atat si Chiz na masungkit ang vice President dahil alam nya madaling madi-disqualify si Grace Poe kung manalo ang tandem ng dslawa. Opportunists at balinbing ang political strategy nnyang batang senator nayan.😂

  4. December 7, 2015 at 7:53 pm

    kung noon it was any one but binay, ngayon parang any one but duterte. AND binay? poe’s backers won’t want her to (won’t let her?) withdraw.

    http://themaharlikan.info/politics/analyst-take-out-poe-on-the-race-duterte-is-a-sure-win/ utm_campaign=shareaholic&utm_medium=facebook&utm_source=socialnetwork

    • December 10, 2015 at 2:30 pm
      manuelbuencamino

      Mahirap kalaban si Duterte kasi ang reaction na mga supporters niya sa kahit ano ang ibato mo sa kanya – violence, women, health – ay “o eh ano”. Kasi sa violence they don’t see themselves as probable victims, “kriminal lang naman ang masasaktan”; sa women eh para lang yan sa reaction nila kay Erap, ok yan sa macho mentality; at sa health issue well kasi alam niya na posibleng maikli na ang panahon e mas maigiging mas masigasig siya sa pag-ayos ng bayan.And his campaign is wise enough na ilabas lahat ito bago ang kalaban ang maglabas. They preempt the obvious issues. Sa kanila nanggagaling kaya kaya kontolado nila. Pero meron silang isang isyu na napabayaan. The 11K contractuals sa munisipyo worth close to P700+M na wala man lamang time-record at walang maliwanag na functions and responsibilities. Yun reaction ni Duterte ay madali sanang butasan pero hindi naman pinusue ng internet, msm, at ng mga kalaban niya.

  5. December 10, 2015 at 10:30 pm
    • December 11, 2015 at 12:02 pm
      manuelbuencamino

      Under the 1935 Const citizenship of the father is what counts. So hopefully mahanap niya ang tatay niya through her late mother’s relatives kung yung nga yun nanay niya. May Dichaves si Erap at si Grace Dechaves naman. Hahaha

  6. December 12, 2015 at 3:12 pm
    manuelbuencamino

    Heads I win, tails you lose

    http://www.uniffors.com/?p=9275

    • December 13, 2015 at 11:25 pm

      to think that she seemed so promising once upon a time, nung hindi pa siya nagmamadaling maging pangulo.

      • December 14, 2015 at 2:57 pm
        manuelbuencamino

        Lumabas ang tunay na ugali

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