The speaker argues that declaring foundlings as non-natural born citizens would benefit both the foundlings and the system of government. As foundlings currently have an unclear legal status, this denies them rights that citizenship would provide. It would also allow the Philippines to comply with international laws requiring it to enable children to acquire a nationality. Declaring foundlings as citizens would balance the interests of the foundlings and the state by clarifying their legal status while preserving constitutional restrictions of certain roles to natural-born citizens.
The speaker argues that declaring foundlings as non-natural born citizens would benefit both the foundlings and the system of government. As foundlings currently have an unclear legal status, this denies them rights that citizenship would provide. It would also allow the Philippines to comply with international laws requiring it to enable children to acquire a nationality. Declaring foundlings as citizens would balance the interests of the foundlings and the state by clarifying their legal status while preserving constitutional restrictions of certain roles to natural-born citizens.
The speaker argues that declaring foundlings as non-natural born citizens would benefit both the foundlings and the system of government. As foundlings currently have an unclear legal status, this denies them rights that citizenship would provide. It would also allow the Philippines to comply with international laws requiring it to enable children to acquire a nationality. Declaring foundlings as citizens would balance the interests of the foundlings and the state by clarifying their legal status while preserving constitutional restrictions of certain roles to natural-born citizens.
The speaker argues that declaring foundlings as non-natural born citizens would benefit both the foundlings and the system of government. As foundlings currently have an unclear legal status, this denies them rights that citizenship would provide. It would also allow the Philippines to comply with international laws requiring it to enable children to acquire a nationality. Declaring foundlings as citizens would balance the interests of the foundlings and the state by clarifying their legal status while preserving constitutional restrictions of certain roles to natural-born citizens.
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GRAND LAW DEBATE 2016
SPEECH AFFIRMATIVE: BENEFICIALITY
Since the existence of foundlings is a
fact, why are their rights shrouded with conjectures and suppositions?
Respected board of judges,
distinguished guests, ladies and gentlemen, a pleasant evening to you all.
Contrary to what the negative side
wishes to impress upon everyone this evening, this debate is not only about us natural-born citizens or about our overzealousness to protect and uphold the mandate and integrity of our constitution, but rather this is also about the foundlings whose status we have miserably failed to clearly define. And we should tarry no more, for indeed, a right delayed is a right denied.
As the beneficiality speaker for the
affirmative, I have no doubt in mind that declaring foundlings as non-natural born citizens will be beneficial not only for our system of government but also for the foundlings themselves whose rights, and status we have neglected for so long, like “an elephant in the room”.
The fact of the matter is, neither the
constitution nor existing legislative enactments provide for a manner by which a foundling may be considered a Philippine Citizen This, despite our clear obligation under international law to enable them to do so.
As they are essentially of unknown
parentage, foundlings cannot fall under those who acquire Philippine citizenship by the mere fact of birth to a Filipino mother or father. They cannot aIso source their FiIipino citizenship from naturaIization in accordance with the existing Iaw as there is yet no Iaw that has been passed aIIowing a process for them to acquire citizenship. RepubIic Act 9139, which amended the Revised NaturaIization Act, prescribes that the appIicant must at Ieast be above 18 years of age. As a resuIt, untiI such time the foundIing opts and is quaIified to undergo the process, he/she is temporariIy a stateIess person in the eyes of our Constitution.
The 1954 Convention reIating to the
Status of StateIess Persons defines a stateIess person as one who is not considered as a nationaI by any State under the operation of its Iaw. As such, he/she cannot exercise certain civiI and poIiticaI rights which are especiaIIy reserved for citizens of a State.
Through the affirmative side of the proposition, we wiII be abIe to cIarify and firmIy estabIish the status of foun
On the other hand, it aIso benefits the
State in that not onIy wiII the proposition vest upon foundIings the rights of a naturaIized FiIipino, the State in turn becomes compliant with its obligations under international law. Under the International Covenant on Civil and Political Rights and the UN Convention on the Rights of a Child, States Parties are required to enable every child to acquire a nationality. It also accomplishes the State interest in that it clarifies where foundlings belong in the category of Filipino citizens, thus preserving the reservation of certain key government positions to natural-born Filipinos as required by the Constitution.
Through the proposition, two interests
are therefore benefited: the interest of the foundling and the interest of the State. A balance is therefore created.
The end of the law, John Locke reminds
us, is not to abolish and restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom.