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040 _aUniversity of Cebu-Banilad
_cUniversity of Cebu-Banilad
100 _aMahilum, Marielle C.
245 _aFinding foundlings :
_bvesting them citizenship through law /
_cMarielle C. Mahilum.
260 _aCebu City :
_c2016.
_bUniversity of Cebu,
300 _aiv, 77 pages ;
336 _2rdacontent
_atext
337 _2rdamedia
_aunmediated
338 _2rdacarrier
_avolume
501 _aThesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016.
504 _aIncludes bibliographical references (leaves 68-71).
505 _aContents: 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.
520 _aSummary : 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.
541 _xBaldomero Estenzo
_yLaw
_zLaw
546 _aEnglish
942 _2ddc
_cTHE
998 _cjesstony [new]
_d01/25/2017
998 _cAillen[checked]
_d10/12/2017
999 _c6733
_d6733