Citizenship and patriotism

It is really important to find out whether Grace Poe-Llamanzares is a natural-born citizen of the Philippines. The resolution of this issue now pending before the Senate Electoral Tribunal (SET) will determine not only whether she can continue to hold on to her present position as a Senator of the Republic but also whether she can run for  President of this country in the coming May 2016 elections. Our Constitution expressly provides that no person can be a Senator or can be elected President “unless he (or she) is a natural born citizen of the Philippines (Article VI Section 3 and Article VII, Section 1).

Natural born citizenship under our basic law is acquired on the basis of blood relationship or jus sanguinis. So, children born under the 1935 Constitution are natural born citizens if their father is a Filipino; if only their mother is a Filipino, they are also natural born if they elect Philippine Citizenship upon reaching the majority age. On the other hand if they are born under the 1973 or 1987 Constitution, they are natural born citizen if either their father or mother is a Filipino citizen.

Hence the status of Poe-Llamanzares as a natural born citizen can easily be determined if his father or mother is a Filipino citizen. The problem however is that both her parents are unknown as she is a foundling who was found deserted by her parents at the Baptismal Font of the Cathedral in Iloilo. So, who should prove the identity and citizenship of her parents? Is it the petitioner who claims that she is not a natural born citizen? Or Llamanzares who claims that she was a natural born citizen when she ran for the Senate in the 2013 elections?

The basic rule in this connection is that the party asserting something positive has the burden of proving such assertion. The burden of proof according to Section 1, Rule 131 of the Rules of Court, “is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law” (Republic vs. Sandiganbayan, 648 SCRA 47). The classic example here is the employer-employee case involving non-payment of wages “where the burden rests on the employer to prove payment rather than on the employee to prove non-payment (E.G &.I Construction vs. Sato, 648 SCRA 492).

Clearly therefore, following this basic rule, the burden lies on Poe-Llamanzares to prove that she is a natural born citizen by showing that her father or mother was a Filipino. This is quite a heavy burden indeed. But under our rules, Poe-Llamanzares can still overcome this burden because DNA evidence to prove her paternity and filiation is now recognized in this jurisdiction.

It must be pointed out however that the spirit rather than the letter of this Constitutional provision must not be overlooked. This requirement that only a natural-born citizen can be a Senator or President of this country actually stems from the well founded belief that natural born citizens are more imbued with the spirit of patriotism; that he/she loves and supports his/her country and its interest. So instead of merely finding out the status of the candidate’s citizenship, it is more imperative that we should look into the candidate like Poe-Llamanzares and find out whether she truly loves her country, the land of her birth, the home of her fellow Filipinos and the place where she grew up.

Let us also find out whether Poe and the other candidates for public office is truly honorable and helpful to their fellow countrymen.  And because of their love of country, that they also uphold and protect the rule of law and must at all times be Pro God, Pro Country and Pro Environment. We should only choose a candidate who is truly a Filipino in thoughts, words and deeds. Indeed our Constitution itself says that “public officers must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives” (Article XI Section 1, Constitution).

Actually, all the past and present politicians who have ruled this country are natural born citizens. But they are “natural born citizens” only in name and not in accordance with the spirit of the law. Our present crop of public officials and politicians only promote their own selfish interest rather than the interest of the country and people. They are more concerned with holding on to power so that they can continue enjoying the wealth and influence they have gained while in office. Graft and corruption, are still more rampant and cronyism with the business elite still abounds. Political patronage promoting political dynasties is still practiced and continue to increase. This is very noticeable especially in the present administration of tuwid na daan which has been put into power because its catchy slogan that kung walang corrupt walang mahirap. So natural born citizenship is not really such an important qualification for a candidate for public office especially for President. Such requirement is good only on paper.

So in the coming elections, let us educate our electorate to make the right choice. Let us not concentrate so much in finding whether they are natural born citizens. Let us tell educate them to choose candidates deeply imbued with spirit of patriotism; candidates who love God and Country above self.

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