Sunday, March 13, 2016

1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws and Grace Poe; Justice Carpio's dissent

"x x x.

Article 14 merely states that a foundling "shall have the nationality of the country Q[ birth." It does not say that a foundling shall have the nationality at birth of the country where the foundling is found. Nowhere in Article 14 is nationality guaranteed to a foundling at birth, much less natural-born citizenship at birth as understood under the Philippine Constitution. Likewise, Article 14 merely lays down the presumption that a foundling is born in the territory of the state in which the foundling is found. This is the only presumption that Article 14 establishes.

Article 15 acknowledges the fact that acquisition of nationality by reason of birth in a state's territory is not automatic. Article 15 expressly states that municipal law shall "determine the conditions governing the acquisition of its nationality" by a foundling. Thus, to implement the Convention the contracting parties have to enact statutory legislation prescribing the conditions for the acquisition of citizenship by a foundling. This rules out any automatic acquisition of citizenship at birth by a foundling.

x x x."

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