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Rule on Adoption (Domestic and Inter-Country), effective 22 provisions of RA 9189 “ The Overseas Absentee Voting Act of
August 2002, "foundling" is defined as "a deserted or 2003.”
abandoned infant or child whose parents, guardian or
relatives are unknown; or a child committed to an orphanage
or charitable or similar institution with unknown facts of birth
and parentage and registered in the Civil Register as a
"foundling."
RATIO / RULINGS
— “ WHEREFORE, the petition is partly GRANTED. The following
portions of R.A. No. 9189 are declared VOID for being
UNCONSTITUTIONAL... for being repugnant to Section 1, Article
IX-A of the Constitution mandating the independence of
constitutional commission, such as COMELEC:
RATIO / RULINGS
— FOUNDLINGS FOLLOW THE NATIONALITY WHERE THEY WERE ● a) The phrase in the first sentence of the first paragraph of
FOUND It was believed that the rules of international law Section 17.1, to wit: "subject to the approval of the Joint
were already clear to the effect that illegitimate children Congressional Oversight Committee ;" []
followed the citizenship of the mother, and that foundlings
followed the nationality of the place where they were found, ● b) The portion of the last paragraph of Section 17.1, to wit:
thereby making unnecessary the inclusion in the Constitution “only upon review and approval of the Joint Congressional
of the proposed amendment. Oversight Committee ;”
--------------------------------------------------------- ● c) The second sentence of the first paragraph of Section 19,
to wit: "The Implementing Rules and Regulations shall be
submitted to the Joint Congressional Oversight Committee
created by virtue of this Act for prior approval;" and
● d) The second sentence in the second paragraph of
Section 25, to wit: " It shall review, revise, amend and approve
the Implementing Rules and Regulations promulgated by the
Commission" of the same law;
Pursuant to Section 30 (Separability) of R.A. No. 9189, the rest
of the provisions of said law continues to be in full force and
effect. ”
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Makalintal v. Comelec
(2003)
---------------------------------------------------------
IMPORTANT FACTS
— Petitioner, as a taxpayer and as a lawyer, to protect the
independence of the COMELEC from other branches of
government as provided in Section 1 of Article IX-A of the
1987 Constitution, assails the constituionality of certain
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