Beneficiality Speech

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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.

Mister/Madam Moderator, I am now


ready for my interpellation.

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