Plane citizen

I received several emails and texts regarding our multiple choice question in last week’s column. In fact many, after venturing a guess, wanted to know the answer right away. I told them that I was not sure of the answer myself as I still had to do some research. There were also other developments that transpired which could impact the answer to the question. I spoke to NBI Director Magtanggol Gatdula and he confirmed the story that came out in the broadsheets about baby GF’s alleged mother being raped by her Qatari employer. If proven, then this could have an effect on the former’s citizenship. But let me now try to answer the question. For ease of reference of our readers, let me reproduce the question posed.

Choose the best answer. If baby GF’s parents are unknown, his citizenship is: a) Bahraini because he was born inside a Gulf Air plane which is the national carrier of Bahrain and because the flight originated from the latter; b) Filipino because the destination of the flight is Manila and he has a brownish complexion; c) His citizenship is dependent on which country’s air space he was born over; d) all of the above; or e) none of the above.

By way of background, citizenship is conferred by blood (Jus sanguinis), (i.e., citizenship of one’s parents), by place of birth (Jus soli) or by choice, (e.g. by undergoing naturalization). Most jurisdictions subscribe to the principle of Jus sanguinis with the most notable exception being the United States which grants citizenship to all who are born within its borders. This is why you see a lot of well to do Filipino mothers who choose to travel during their 5th to 7th month of infanticipation (wearing loose clothing to hide their growing middle section) and give birth in the US. When registered in the US and a Philippine consulate, such babies will immediately enjoy the benefit of dual citizenship.

If Tessa is indeed proven to be the mother, then GF will surely be a Filipino. But this does not mean that the baby is not a Bahraini nor a Qatari for that matter. Whether GF can qualify to be a citizen of Bahrain is dependent on the latter’s law. There is a UN convention which states that a baby born inside an airplane can qualify for the citizenship where the airline is registered but only if the local law provides for such. But a quick check with Bahraini at law revealed that it strictly fallows Jus sanguinis with two exceptions: if one marries a Bahraini national and converts to Islam or through royal decree by the Emir for outstanding service.

The origin and destination of a flight is not in any way connected to citizenship nor to the color of one’s skin (especially in this day and age where mixed marriages have become prevalent). The international air space is also res nullius and does not form part of the territory of any country. So probably the best answer is: (e) None of the above.

But as earlier stated, if Tessa is indeed the mother of GF, then the latter is automatically a Filipino. Moreover, if the paternity of a Qatari national is established, then GF may apply for Qatari citizenship.

Citizenship issues aside, Baby GF’s story amazed me in several ways. First, GF’s being able to survive his maiden flight is almost miraculous. I am trying to picture where in the plane he was thrown. I can’t imagine him being fitted inside the garbage chute in the lavatory as that area is cramped even for a newborn. Also, his being able to survive the landing, deplaning of passengers and aircraft cleaning is remarkable in itself.

Second with respect to the mother Tessa, I am amazed at how she was able to deliver the baby without anyone noticing. Also, whatever happened to the umbilical cord? Did it just separate on its own? And Tessa was able to walk away from the plane without a trace and according to Director Gatdula, board a vehicle that took her all the way to Apayao in the Mountain Province. This Apayaona is a modern day Amazona. Perhaps there is something in the crisp mountain air that makes their stock different. And like mother, like son.

Third, there have been reports that mother Tessa will be charged with the crime of abandonment of a minor. While the act of leaving a new born baby is unforgivable, I do not think anyone, in the right state of mind would do so. Especially the mother! The allegation of rape should also be considered in assessing Tessa’s mental state. And if baby GF turns out to be physically well, perhaps our government referee can adjudge a “no harm no foul” call on Tessa’s behavior.

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Tomorrow marks the fourth and final Sunday of the 2010 Bar Examinations. The subject covered are Remedial Law ( i.e., the rules on procedure) which constitutes 20 percent of the total grade and Legal Ethics and Practical Exercises which composes 5 percent of the final grade. Many examinees tend to disregard the latter because it has the lowest weight among the eight bar subjects. Moreover since this is the last exam, examinees usually adopt an “I just want to get it over with” attitude with many racing to the door even before the 5 p.m. bell rings. I must warn them though that this subject has been the waterloo of many in the past. And by way of reminder, our current bar chairperson was the 2000 bar examiner in this subject where only 10 percent passed. So caveat barrister.

With the introduction of multiple choice questions in the 2011 bar examinations, perhaps the Supreme Court should also review the relative weights of importance given to the subjects. In the first half of the 20th century, remedial law was traditionally given the “heaviest” weight because most lawyers usually practiced before a judge in a court of law. That does not seem to be the case anymore. Nowadays there is more accomplished in the conference room than in a court room. And with general societal distrust over the values of the legal profession, perhaps the table should now turn and legal ethics be given the greatest importance.

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 “If you want to be happy, put your effort into controlling the sail, not the wind” — Anonymous

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