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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM

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COMMENTARY

Law and narrative contests in the Poe


cases
By: Jose Duke S. Bagulaya - @inquirerdotnet Philippine Daily Inquirer / 02:07 AM January 04, 2016

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
Follow @inquirerdotnet
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
NEWSINFO
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

masterplots, including insidious plots to disqualify, that forms what SPORTS

Fellow Atenean nabbed over


philosophers call the hermeneutic situation. The interpreter of a
leak of Ravenas lewd photos
constitution cannot but imbibe all prejudices inherent in the hermeneutic 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.
NEWSINFO

Duterte woes self-inflicted


While there are indeed legal issues in these cases, the lawyers of Senator Pangilinan
Poe, both official and unofficial, have astutely clothed their legal arguments MARCH 30, 2017

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
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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

narrative structure that moves our dormant prejudices, allowing us to


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although in a scientific world we
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terms of stories.

Two masterplots predominantly shape the legal arguments in favor of


Senator Poe. The first is the mythos of the foundlingan ancient and
universal plot. It reminds us of Moses, a foundling who rose to be his
peoples liberator from slavery. I am not saying that the senator claims to
bring her hapless nation to the Promised Land, although one columnist has
noted that she has messianic pretensions. At any rate, the foundling is a
powerful image that appeals to our sense of justice. It suggests innocence
and rekindles our common humanity and compassion. Indeed, how could
we read a constitution in a way that the abandoned would be deprived even
more? Certainly, international custom, which forms part of the law of the
land, so the story goes, provides foundlings with natural-born citizenship.

The second masterplot is the balikbayan story. This is culturally specific to a


country that continues to witness a daily exodus of its citizens to foreign
lands. This reminds us of Odysseus, an archetype of the returning overseas
worker. Note that The Odyssey is not a journey away from home, but a
nostos, a return, a homecoming. Although our compatriots abroad are no
Odysseus and own no fiefdoms to recover, their struggle to return home
often parallels the epic voyage of Odysseus to Ithaca. The Bengzon and
Romualdez-Marcos cases show that this tale of homecoming has been
favored by the Supreme Court.

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.

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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM

VIDEO : Duterte's shift in foreign policy 'part of a process'Palace

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News

TAGS: 2016, case, Commentary, disqualification, election, Elections, Grace Poe,


law, opinion, Poe

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145 Comments Inquirer Opinion !


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Sort by Newest
# Recommend Share
Rumple a year ago
To SC just implement the LAW and Compassion
Share News " !

makabayan88 a year ago


CONVENIENCE. Inquirer #
@inquirerdotnet
THAT is the point.
https://t.co/sOQeC0hHOr #INQ
disgrasyapoe became american becoz she WANTED TO.
FOR CONVENIENCE.

Then all of a sudden. she came back.


Viewed the scenery and decided to resign as kinder teacher
and sat as mtrcb chair, courtesy of PNoy.

Gave up her american citizenship becoz she realized


she can be a senator and a president!. 4m & $

MAS MAY "DATING" NGA NMN KAPAG TINAWAG NA "SENADORA"


KAYSA 'TEACHER'.... Inquirer #
@inquirerdotnet

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."

FAIR-WEATHER CITIZENS...LOL, good one.


2 Share
* ' ( )
Don Dee a year ago Comments continue after advertisement

patunayan niyo nga muna na foreigner ang mga magulang niya. ginagawan pa ng isyu eh
porket malakas talaga!
Share

jericxx a year ago


Fair-weather Filipino - tamang tamang description kay Grace Poe!
2 Share

Humanist101 a year ago


Inquirer #
A very specific constititional requirement can not be reinterpreted and overruled by a @inquirerdotnet
mere SC decision only an amendment to the constitution can make Llamanzares a
natural born citizen period!
1 Share

kapitanvic1 > Humanist101 a year ago


#PresidentDuterte leads oathtaking
Mas magaling ka pa sa Sol Gen, besides the Consti is silent on the issue. Siya ang
of gov't officials, PH Councilors'
nagpatibag sa building sa likuran ni Rizal sa Luneta. League. https://t.co/xu591aBGZe |
Share @NCorralesINQ

Pala_02G a year ago


Citizenship is not a blouse that one can wear & change on whim...........ha ha ha ha mga
TRAPOE at ESCUDERO intindihan nyo. ?
1 Share

JennFD a year ago


ILANG ARAW NALANG LALABAS NA ANG KATOTOHANAN AT MANANAIG NA ANG
You VS MODE
DEMOKRASYA! TULOY ANG LABAN PARA SA SAMA-SAMANG PAG-UNLAD AT 0 pts

MALINIS NA PAMAMAHALA! #LABANPOE2016


2 Share
What school beat Richmond in
Men's basketball in double overtime
Bashang Ito > JennFD a year ago on November 18th 2010?
Paano kung matalo si Poe sa SC? Tatanggapin mo pa din ba na ito ay
"KATOTOHANAN at DEMOKRASYA"? La Salle

Hahanapin kita dito sa araw na yan JennFD. IONA

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

JennFD > akoypinoi a year ago


there's such thing as over trolling dude, wait for karma
Share

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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM

JennFD a year ago Comments continue after advertisement

ANG INTERPRETASYON NG BATAS AY MAAARING SA LETRA O LITERAL AT ESPIRITU


O
ANG EPEKTO NG MAGIGING DESISYON SA BANSA AT TAONG BAYAN... LAWS
SHOULD PROTECT,
UPLIFT AND EMPOWER THE MARGINALIZE. WAG PIGILANG MAGNGARAP ANG MGA
NATAGPUAN!
IBIGAY SA AMIN ANG KAPANGYARIHANG BUMOTO NG KANDIDATONG MAGDADALA
SA AMIN SA
TAMANG PAGBABAGO! LABAN SEN. GRACE POE!
2 Share

JennFD a year ago


TAMA NA ANG PANGGIGIPIT.. PANAHON NA PARA MANAIG ANG KARAPATAN,
HUSTISYA
AT DEMOKRASYA! PARA SA SAMA-SAMANAG PAG-UNLAD AT MANUTING
PAMAMAHALA TULOY ANG
LABAN!
1 Share

JennFD a year ago


Ang batas ay maaring intindihin ng naayon sa LETRA o LITERAL o ESPIRITU
o ang EPEKTO NG DESISYON SA BAYAN, MAMAMAYAN at sa kasong ito sa MGA
BATANG
NATAGPUAN AT KINUPKOP.. Ang mga taong nagagalit dahil hindi sang ayon sakanila
ang desisyon pero nagdedemand na RUMESPETO NG BATAS AT PROSESO, AY MGA
IPOKRITO... WALANG NILALABAG SI SEN. GRCAE, nirespeto nya ang mga desisyon at
tumugon sya sa mga PROSESO. tamang paraan at ligal ang paglaban... DEMOKRATIKO
ANG BANSA, MARAPAT LANG NA PAKINGGAN ANG BOSES NG MAMAMAYAN! TULOY
ANG LABAN!
1 Share

eglesya ni bentot a year ago


OFW pala si Odysseus LOL kung palulusutin yan wala dapat magreklamo next time if or
when a born again Pinoy coming "home" from russia, china or north korea decides to
take a shot at the Presidency.
Share

kapitanvic1 a year ago


SOLICITOR GENERAL HILBAY BACKS SET DECISION THAT POE IS A NATURAL BORN
FILIPINO. HILBAY WAS APPOINTED BY PRESIDENT AQUINO LAST YEAR. HILBAY IS A
FORMER BAR TOPNOTCHER

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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The OSG also maintained that Poe validly reacquired her natural-born citizenship.

THANK YOU THANK YOU SOLICITOR GENERAL FLORIN HILBAY


3 Share

Humanist101 > kapitanvic1 a year ago


In your dreams! You can not amend a constitutional requirement by a mere SC
decision because sovereinty resides in the people not the SC.
Share

JennFD a year ago


every foundling has the right to have a state and nationality, they are presumed a natural
born unless proven that their parents are foreign... HINDI DAPAT INIIWAN NG ESTADO
ANG MGA BATANG NATAGPUAN AT INAMPON.. TULOY ANG LABAN PARA SA SAMA-
SAMANG PAG-UNLAD AT MALINIS NA PAMAMAHALA! #LABANPOE2016
2 Share

OFWaq > JennFD a year ago


where in the Philippine Constitution stated that foundlings are presumed natural
born??? are you dreaming, did you really read n understand the Phil.
Constitution??? think first before commenting n posting...
2 Share

Pinuno a year ago Comments continue after advertisement

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

eglesya ni bentot > Pinuno a year ago


This is a Republic not a Monarchy and in a Republic citizens only deserve a
chance at getting elected. Nobody inherently deserves to lead here.
Share

akoypinoi > Pinuno a year ago


huh? baka lasing ka pa dahil sa inuman ninyo ni Grace noong new year?
1 Share

Charlotte Samaniego > Pinuno a year ago


"Sen. Grace Poe deserves to lead this country?!?!?" What kind of amoeba brain
were you born with?!?!? Nobody "deserves" to lead a people. People "deserve"
good leaders instead. Being a president is not a price for a winner; it's public
service, you fungus-face!!!
5 Share

Paul Balmes a year ago


Ang bansa natin ay nangangailangan ng leader na may Integridad, may Sariling pag-iisip,
may Puso para sa mga Pilipino, Modern outlook at Unifying leadership. Senator Grace
Poe ikaw ang kailangan namin at ng ating bansa. tuloy lang ang laban Senator Grace at
huwag kang susuko. Kami ay sumusuporta sayo kahit anung mangyari hanggang sa huli.
3 Share

OFWaq > Paul Balmes a year ago


my integridad at sariling pag-iisip??? asa k p... she is dictated by bolero-2 face
escudero n danding + ongpin... so, paano masabi mron xa nyn??? ayaw nga nya
maalis pagka american citizen asawa nya, pde lng raw gwin ng asawa nya pag

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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

Fulpol a year ago


the author is a professor of UP Diliman.. his style and his level of thinking is like of Solita
Monsod..

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 SC will attempt to aroused an audience, SC is a clown, a puppet.. either political or just


a jester of the court..

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??

you see, the story behind the stories??

UP Diliman professsor.. waaahhhh...


1 Share

kaya natin a year ago


kung yung isang pobreng natural born pilipino ay di pwedeng kumandidato dahil lang sa
pagdududang hindi nya kayang gumastos sa kampanya kahit taglay lahat ang
kwalipikasyon, bakit ang pagdududang hindi pilipino ang isang tao, at pagdududang
hindi magiging tapat dahil pamilyang amerikano ay tatanggapin? hindi ba masyadong
hindi patas ang batas kung ganon? di ba dapat patunayan muna ni grace na pilipino sya
at hintaying maging pilipino ang buong pamilya bago kakandidato?
2 Share

Paul Balmes a year ago


We Believe that Supreme Court will uphold the SET decision and reverse the COMELEC
decision. Senator Grace Poe is qualified.
2 Share

OFWaq > Paul Balmes a year ago


keep on dreaming...
2 Share

akoypinoi > OFWaq a year ago


I second the motion.. dream big; it's free anyway..
1 Share

Pinuno a year ago


SolGenPH files comment, says SET correct. Sen. Grace Poe a natural-born citizen.
Share

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egay_d_tagay a year ago Comments continue after advertisement


Nakakasawa at nakakasuka na ang paulit-ulit na post ng mga tao d2. Wala na bang ibang
maipapaliwanag pa na kakaiba naman???

Bakit ba hanggang ngayon ay hindi pa nagre-reacquire ng Filipino citizenship ang


asawa't mga anak nitong si Grace Poe? Ano ang hinihintay nila? Disqualification ni Poe
sa SC?
5 Share

Bradley a year ago


They can't put a good person down. Remain magnanimous in your victory. Remain
humble. Yes, I believe it takes a good heart filled with love for her fellow brethren to
achieve good governance. Better than intelligence. God be with you in all ways for
always. Grace Poe for the Change
1 Share

akoypinoi > Bradley a year ago


change of what, citizenship?
Share

Pinuno a year ago


Naniniwala ang nakakaraming Pilipino na qualified ka po Senator Grace Poe. Ikaw po ang
pag-asa ng ating bansa at alam po namin na ikaw ang solusyon sa mga problemang
kinakaharap ng ating bansa. Good Luck and God Bless Senator Grace Poe!
2 Share

Paola123 a year ago


It is impossible that the Supreme Court would disqualify her, because that's just pure
discrimination for this foundlings
1 Share

Durian > Paola123 a year ago


Foundling is not the issue my foot but her lack of the 10 yr residency and not
being a natural born.... she's a Pinay but not natural plus she used her US
Passport many times even after she renounced her US citizenship.
Share

akoypinoi > Paola123 a year ago


just watch out.. but dont kill yourself once she's disqualified!
Share

Paola123 a year ago


She will surely win! We are sick of our current govt's sugar coated promises. Senator Poe
is the game changer here, she will prove her detractors wrong, that you can't put a strong
woman down.
2 Share

dukaponte > Paola123 a year ago


Paano siya mananalo, hindi ko naman siya iboboto...
Share

herminio_jusayan > dukaponte a year ago


iboto ko siya ,di siya trapo at di gnid at di masama ang intensyon sa
pagsisilbi sa taong bayan`!!!
Share

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Law and narrative contests in the Poe cases | Inquirer Opinion 30/03/2017, 2:55 PM

akoypinoi > Paola123 a year ago


dream pa more.. libre naman managinip eh..
Share

Paola123 a year ago


It will not change the fact that Senator Grace Poe is a filipino! The fact that she has
shown enough evidence, makes her qualified
2 Share

Scorpio15 > Paola123 a year ago


Filipino nga sya kaya lang naturalised!!!
2 Share

Fran Ramos a year ago Comments continue after advertisement

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

akoypinoi > Fran Ramos a year ago


kumedyante ka rin ano.. natatawa ako sa iyo!
1 Share

OFWaq > Fran Ramos a year ago


ha ha ha... ano ito sarsuela pati mga batang abandoned sinasali n... ano hnap,
sympathy vote???
3 Share

Dai-ichi > Fran Ramos a year ago


Inakopu!
Share

Scorpio15 > Fran Ramos a year ago


Hayan Gamit na naman ang Foundlings!!! Napanis na ang mga Foundling sa
kasawsaw nyo!!! 0.0005% lang ang Foundlings sa population ng Pinas ngayon
ginagawa nyong Elepante ang Isyu na no-on Langaw la-ang!!!
4 Share

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