The Poe Cases: Preventing Statelessness for Foundlings in the Philippines
that this would be an injustice and that the Court is not in the business of reifying
discriminatory classes based on circumstances of birth.18
The Supreme Court’s conclusion that Senator Poe is a natural-born citizen is
supported not only by a compassionate reading of the Constitution but is also
supported by a legal scaffolding that has always treated foundlings as Filipinos.
The Supreme Court’s interpretation was also supported by the laws and acts of
the executive branch of government. Among other laws, the Court cited the
Juvenile Justice and Welfare Act of 2006 (which declares a policy protecting the
best interests of the child),19 as well as the Domestic Adoption Act of 199820 and
the Inter-Country Adoption Act of 199521 which include ‘foundlings’ among those
who are ‘Filipino children’.
RECENT DEVELOPMENTS
In 2022, President Rodrigo Duterte signed the Foundling Recognition and
Protection Act of 2022 (‘the Act’).22 Among other provisions, the Act provides for
the registration of foundlings23 and the rights of the biological parents.24 It also
removes criminal liability for parents who relinquish their infants.25
The Act also addresses some of the issues raised by Senator Poe’s candidacy
for national office, as the following sections show: 26
Definition of Foundling.
For [the] purposes of this Act, a foundling shall be a deserted or abandoned child
or infant with unknown facts of birth and parentage. This shall also include those
who have been duly registered as a foundling during her or his infant childhood,
but have reached the age of majority without benefitting from adoption procedures
upon the passage of this law.
The Act provides a statutory presumption that foundlings are natural-born
citizens:
Citizenship Status of a Foundling Found in the Philippines and/or in Philippine
Embassies, Consulates and Territories Abroad.
A foundling found in the Philippines and/or in Philippine embassies, consulates
and territories abroad is presumed a natural-born Filipino citizen regardless of the
status or circumstances of birth. As a natural-born citizen of the Philippines,
a foundling is accorded with rights and protections at the moment of birth
equivalent to those belonging to such class of citizens whose citizenship does not
need perfection or any further act.
The presumption of natural-born status of a foundling may not be impugned in any
proceeding unless substantial proof of foreign parentage is shown. The natural-born
status of a foundling shall not also be affected by the fact that the birth certificate
18
19
20
21
22
23
24
25
26
ibid.
Juvenile Justice and Welfare Act of 2006, Rep Act No 9344, s 2(b) (Philippines).
Domestic Adoption Act of 1998, Rep Act No 8552, s 5 (Philippines).
Section 2 of the Inter-Country Adoption Act of 1995, Rep Act No 8043 (Philippines) uses the
term ‘abandoned child’ to refer to foundlings.
Foundling Recognition and Protection Act of 2022, Rep Act No 11767 (Philippines).
ibid s 10.
ibid s 12.
ibid s 13.
ibid s 3.
313