In his dissent, Carpiowho voted against Poeoutlined six main points why Grace Poe is a

naturalized and not a natural-born Filipino.

First, there is no Philippine law automatically conferring Philippine citizenship to a foundling at birth.
Even if there were, such a law would only result in the foundling being a naturalized Filipino citizen,
not a natural-born Filipino, he said.
Second, there is no legal presumption in favor of Philippine citizenship, whether natural-born or
naturalized, the justice said. Citizenship must be established as a matter of fact and any doubt is
resolved against the person claiming Philippine citizenship.
Third, there is no treaty, customary international law or a general principle of international law
granting automatically Philippine citizenship to a foundling at birth, Carpio pointed out. Respondent
failed to prove that there is such a customary international law. At best, there exists a presumption
that foundling is domiciled and born in the country where the foundling is found.
Fourth, even assuming that there is a customary international law presuming that a foundling is a
citizen of the country where the foundling is found, or is born to parents possessing the nationality of
that country, such presumption cannot prevail over our Constitution since customary international
law has the status merely of municipal statutory law, he stressed. This means that customary
international law is inferior to the Constitution and must yield to the Constitution in case of conflict.
Since the Constitution adopts the jus sanguinis principle, and identifies natural-born Filipino
citizens as only those whose fathers or mothers are Filipino citizens, then respondent must prove
that either her father or mother is a Filipino citizen for her to be considered a natural-born Filipino
citizen, he continued. Any international law which contravenes the jus sanguinisin the Constitution
must of course be rejected.
Fifth, respondent failed to discharge her burden to prove that she is natural-born Filipino citizen,
Carpio stressed. Being a foundling, she admitted that she does not know her biological parents, and
therefore she cannot trace blood relation to a Filipino father or mother. Without credible and
convincing evidence that respondents biological father or mother is a Filipino citizen, respondent
cannot be considered a natural-born Filipino citizen.
Sixth, a foundling has to perform an act, that is, to prove his or her status as a foundling to acquire
Philippine citizenship, the justice pointed out. This being so, a foundling can only be deemed a
naturalized Filipino citizen because the foundling has to perform an act to acquire Philippine
citizenship. Since there is no Philippine law specifically governing the citizenship of foundlings, their
citizenship is addressed by customary international law, namely: the right of every human being to a

nationality, and the States obligations to avoid statelessness and to facilitate the naturalization of
foundlings.
Poes Solution: Find Parents
While acknowledging the contention by Poes camps of the hardships foundlings face, Carpio said
the intent of the Constitution to protect offices of high position such as that of Senator must be
upheld.
This sentimental plea however conveniently forgets the express language of the Constitution
reserving those high positions, in this case the position of Senator of the Republic exclusively to
natural-born Filipino citizens, he said. The citizenship requirement under the Constitution to qualify
as a Member of the Senate must be complied with strictly. To rule otherwise amounts to a patent
violation of the Constitution. Being sworn to uphold and defend the Constitution, the Members of this
Tribunal have no other choice but to apply the clear letter and intent of the Constitution.
At the same time however, Carpio reiterated his previous position that Poe can once and for all end
any questions on her citizenship if she finds any of her biological parents who are Filipino.
A final word. A decision denying natural-born citizenship to a foundling on the ground of absence of
proof of blood relation to a Filipino parent never becomes final, he pointed out. If in the future
respondent can find a DNA match to a Filipino parent, or any other credible or convincing evidence
showing her Filipino parentage, then respondent can still be declared a natural-born Filipino.