A candidate for the House of Representatives claims to be a natural-born Philippine citizen based on a treaty creating a presumption under…

Explanation

The Constitution requires that a candidate for the House of Representatives be a natural-born citizen of the Philippines, defined as one who is a citizen from birth without needing to perform any act to acquire or perfect citizenship. Treaties or international agreements become valid and effective domestic law only if concurred in by at least two-thirds of the Senate. If the Philippines is not a party to a treaty, that treaty does not automatically bind the country or confer rights such as citizenship presumptions.

However, generally accepted principles of international law, even if not part of a ratified treaty, may form part of Philippine law through the incorporation clause of the Constitution. The Supreme Court in Poe-Llamanzares recognized that certain principles, like the presumption of foundlings as natural-born citizens based on international conventions not ratified by the Philippines, can be binding as generally accepted international law consistent with the Constitution’s jus sanguinis citizenship regime.

Yet, this acceptance applies to generally accepted principles, not to treaty-based presumptions that the Philippines has not adopted or recognized. The candidate’s claim based solely on a treaty presumption under international law to which the Philippines is not a party lacks constitutional and legal basis to establish natural-born citizenship for purposes of eligibility to the House of Representatives.

Application to the facts

The candidate claims natural-born citizenship based on a treaty presumption under international law. Since the Philippines is not a party to that treaty, the treaty itself is not binding domestic law and cannot confer citizenship presumptions. The Constitution requires natural-born citizenship as defined by Philippine law, not by foreign treaties unratified by the Senate.

While the Supreme Court has recognized that generally accepted principles of international law may be incorporated, this does not extend to treaty-based presumptions that the Philippines has not adopted. The candidate’s reliance on such a treaty is insufficient to satisfy the constitutional requirement.

Therefore, the candidate must establish natural-born citizenship under Philippine law, not merely by invoking a treaty presumption under international law to which the Philippines is not a party.