University of Cebu-Banilad Library

Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.

Includes bibliographical references (leaves 68-71).

Contents: Chapter I: The problem and its scope -- Chapter II: Review of related literature and studies -- Chapter III: Results and discussion -- Chapter IV: Findings, conclusion, and recommendation -- References -- Annexes -- Curriculum Vitae.

Summary : The right to citizenship is a fundamental human right from which all other rights spring from. The enjoyment of this right belongs to everyone regardless of race, creed, sex, or religion. Unfortunately, the citizenship of foundlings in the Philippines is not categorically defined. The Constitution is silent as to the citizenship of foundlings. No existing domestic law treats foundling citizenship. This absence has enabled the Supreme Court to engage in judicial legislation in the Poe-Llamanzares v. COMELEC case where Poe was declared as qualified to run for the Presidential post. This decision has been tackled by various dissenters from within and outside the judicial body. The dissent centers on how the court justified its finding that Poe is a natural-born citizen despite being a foundling by her own admission. A discussion, then, on the salient points of this ruling is appropriate if only to add to the increasing number of dialogues this jurisprudence has ignited throughout the Republic. The absence of law has resulted to judicial instability which is detrimental to our judicial system. It also aggravated the already depressing plight of foundlings. This paper will thus recommend for the enactment of a law which will categorically treat the citizenship of foundlings. With the enactment of such law, foundlings will be classified as naturalized citizens.

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English