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COMMENTARY
SEN. GRACE Poes disqualification cases have finally reached the Supreme INQUIRER.net
Court. At stake in her petitions are not only her Senate post and her quest
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for the presidency but also the status of foundlings, of dual citizens, and of
millions who dream of acquiring foreign citizenship. Legal questions with
great social ramifications are awaiting resolution in the high court. TRENDING
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But these cases cannot be decided through a sole reading of the bare words
Floirendos partner: Spat with
of the Constitution, whatever claims to objectivity are piously made. There Alvarezs girlfriend tip of
iceberg
is an intricate tapestry of laws, facts, precedents, arguments, and MARCH 29, 2017
situation from which his understanding of the text arises. As Hans Georg ENTERTAINMENT
Gadamer wrote, The very idea of a situation means that we are not Boy in trouble: Aljur Abrenicas
contract expires, mother
standing outside it and hence are unable to have any objective knowledge network lets him go
MARCH 29, 2017
of it. Thus, the real meaning of a text, as it speaks to the interpreter, does
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not depend on the contingencies of the author for it is always co- Indonesian man found dead in
determined also by the historical situation of the interpreter and hence by belly of 7m-long python
MARCH 29, 2017
the totality of the objective course of history.
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in a number of mythos, or masterplots. H. Porter Abbot defines a masterplot FROM AROUND THE WEB
as a story that we tell over and over in myriad forms and that connect
Whos stupid?
vitally with our deepest values, wishes, and fears. In other words, it is a
narrative structure that moves our dormant prejudices, allowing us to
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
Meanwhile, the three justices who voted against Senator Poe weave a
lawyers masterplot: Dura lex, sed lex (The law may be harsh, but that is the
law). It is a cold but logical narrative. It is Shylocks vision of law: I cannot
find it; tis not in the bond. And so they argue that the Constitution follows
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
find it; tis not in the bond. And so they argue that the Constitution follows
the principle of jus sanguinis (blood relation) and stipulates no exception.
There is also no international custom that hands instant citizenship, much
less natural-born citizenship, to foundlings. And assuming there is an
international custom, such a law is no better than a statute enacted by
Congress. Hence, the citizenship acquired falls under Section 1(5), Article IV
of the 1935 Constitution, or those who are naturalized in accordance with
law. This is the theory of naturalization by customary international law.
Finally, citizenship, it is argued, is not a blouse that one can wear and
change on a whim. To change ones citizenship for convenience is blatant
opportunism. Thus, reacquisition under the Dual Citizenship Act should
only be construed as a specie of naturalization. A different construction,
warns Justice Arturo Brion, would thereby allow Filipinos who have
voluntarily relinquished their Philippine citizenship for political privileges
in another country, to hold positions limited to natural-born Filipinos. The
law must distinguish between loyal and fair-weather citizens.
These are the battling legal narratives pending at the Supreme Court. For
now, we can only speculate on the closure to this conflict. Only one thing is
certain: The narrative that the majority of the justices weave shall prevail.
Jose Duke S. Bagulaya teaches a course in law and literature at the University
of the Philippines Diliman and works as a lawyer in his spare time.
They Gave Everyone Else at Iraqi Wins Huge American Are Micro-Mansions the
the Golden Globes Serious Lottery, Sparking Growing Next Big Thing?
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The elephant does not exist Why blame the media? Enter a sparkling Pinoy
world champ
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
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# Recommend Share
Rumple a year ago
To SC just implement the LAW and Compassion
Share News " !
CONVENIENT!
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
CONVENIENT!
Speaker Alvarez, in phone-patch
Share interview, says: Dyosko naman,
kayo naman. Sino bang walang
Bashang Ito a year ago girlfriend? | @deejayapINQ
"The law must distinguish between loyal and fair-weather citizens."
patunayan niyo nga muna na foreigner ang mga magulang niya. ginagawan pa ng isyu eh
porket malakas talaga!
Share
2 Share Fordham
Saint Joseph's
akoypinoi a year ago
Ilang araw na lang at mawala na si Grace Llamanzares sa takilya.. i hope Susan will not
Create your own at
kill herself this time.
2 Share
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
Metro Manila (CNN Philippines) The Oce of the Solicitor General (OSG) on Monday
(January 4) backed the decision of the Senate Electoral Tribunal (SET) that Sen. Grace
Poe is a natural-born Filipino.
In its comment, the OSG said the tribunal's decision embodies a "legally grounded,
reasonable and just interpretation" of the 1935 Constitution.
Solicitor General Florin Hilbay argued that the deliberations of the 1934 Constitutional
Commission has indicated the intention to categorize foundlings as a class of persons
considered as Philippine citizens.
Hilbay explained, the understanding that foundlings are citizens of the Philippines rests
on the rational assumption that a child of unknown parentage is "the son of a Filipino."
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
The OSG also maintained that Poe validly reacquired her natural-born citizenship.
Sen. Grace Poe deserves to lead this country for the betterment of every Filipino! We will
support you all the way Sen. Grace Poe.
3 Share
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
maalis pagka american citizen asawa nya, pde lng raw gwin ng asawa nya pag
manalo n xa... so asan dyn integridad, d ba malinaw na opportunista xa??? bakit,
ano n b ngawa nya sa ating bansa mula ng dumating xa galing sa america???
keep on dreaming...
2 Share
when SC abide by legalities and judicial matters, its has no audience.. whatever the story
being told, SC will still abide by the rules..
if you tell a story, you might be surprised there is still story behind it.. that is the case of
Grace Poe.. her opponent is telling their stories.. and behind their stories, she is telling a
story.. it didn't alter the plot, it enlivened it.. as it will create a dierent realm.. a dierent
perspective, a dierent dimension..
darn, who ever thought a Black American President of the USA?.. amid the racism amid
the liberalism of US??
who ever thought a foundling President of PH? amid legal perfectionism of Carpio amid
the natural inclination of Pilipinos to value life and embrace strangers??
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Sen. Grace Poe has the documents to prove that she satisfies the 10-year residency
requirement. COMELEC's decision is flawed, and the fight is not yet over. Let's all
continue to fight for the right of Sen. Grace Poe to lead our country - this battle is not
only hers, but it's also the battle of all children who were abandoned at birth.
1 Share
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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM
good lawyers and have the money to relevant in nation building, NOT JUST
MOTHERS.
Job Openings
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