my response to bono adaza’s column on poe’s citizenehsip
December
17, 2015 at 8:17 am
Bono has been a long time ally in many legal battles
against the corrupt Establishment, long with the late Atty. Alan Paguia and
others, but in Poe’s case we believe Bono clearly diverges from the Law.
I was born in the Philippines while my parents were in
the process of naturalizing their citizen, according to mainstream low
interpretation I became thus a “natural born” citizen by virtue of that process
although a few like Sen. Miriam Santiago argued that a case cn be made of my
status as “natural born”. This became an issue when I ran for the Senate as the
only co-candidate of Miriam in the 1995 senatorial elections – the Comelec
chiarman then whom I mercilessly lampooned in the columns after the 1995
elections due to the blatant dagdag-bawas of that election filed five cases
against me for alleged falsifying my citizenship status and eventually got me
in jail for five days (but that’s another long story).
In defending Poe’s claim that she is a natural born
Filipino Bono raises the point of “legal fiction” versus “an “issue of fact”;
that is, of being born in the Philippines. I believe there is definition of
legal fiction that is being used too loosely here, and the thought process that
allowed Bono to conclude this is the legal fiction itself. All laws may be said
to be “fiction”, that is, human invention; but laws once invented, established
in a community or society or State, becomes the accepted “fact” with structure
and physical consequences – facts that emanate from words written as laws.
The Philippines has a Constitution, I dislike it it in
most aspect but it had the physical consequence of putting me in jail for five
days on account of my challenge to a particular provision of the Constitution.
But there is room for interpretation still there. I argued using a part of that
provision that I also “did not have to perform any act to perfect” my Filipino
citizenship (my parents did it for me, should I be responsible for that?)
In Poe’s case she cannot even establish that she is born
of any Filipino parent, and worse she later renounced what regular citizenship
she acquired by just being born in the Philippines – that is, her naturalized
status – when she became an American citizen consciously and willingly, and
maybe wholeheartedly, and then again “performed an act” to reacquire a Filipino
citizenship for herself – clearly intending to joni politics and use whatever
political capital gained from have a popular adoptive father who died and
created a massive outpouring of sympathy (by the way I campaigned for FPJ
wholeheartedly).
Poe’s lawyers and the other like Saguisag, Panganiban, et
al, are creating fictitious ideas about the international conventions on th
issue of “foundlings”, about the “right of the people to decide” the issue
regardless of what the Law that 100 million ohter people are expected follow
says. Since that 995 controversy over my citizenship I decided never to run
again but continue the course of serving public interest without political
position… In 2007 President Estrada while in detention offered me a senate slot
in an election year that would have given me all the chances to win. I declined
and suggested Trillanes to be given that slot. I don’t regret it, I serve the
nation bettr than most ofhte legislators in Congress and the Seante as a militant
citizen. Poe should do the same and after some years skepticism over her
motives may change and she’ll be respected as a Filipino citizen then – natural
born or not.
But to end this in a light note, I asked Teddy Boy
Locsion what he thought of Poe’s citizneship status and he said, “Of course she
is natural born, any one that comes outof the womb of a mother is natural born”
Certainly, not Ceasarian. Chow.
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