Law and narrative contests in the Poe cases | Inquirer Opinion

Law and narrative contests in the Poe cases | Inquirer Opinion

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Law and narrative contests in the Poe cases By: Jose Duke S. Bagulaya - @inquirerdotnet

Philippine Daily Inquirer / 02:07 AM January 04, 2016

SEN. GRACE Poe’s disqualification cases have finally reached the Supreme

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Court. At stake in her petitions are not only her Senate post and her quest for the presidency but also the status of foundlings, of dual citizens, and of

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millions who dream of acquiring foreign citizenship. Legal questions with great social ramifications are awaiting resolution in the high court. But these cases cannot be decided through a sole reading of the bare words of the Constitution, whatever claims to objectivity are piously made. There is an intricate tapestry of laws, facts, precedents, arguments, and masterplots, including insidious plots to disqualify, that forms what philosophers call “the hermeneutic situation.” The interpreter of a constitution cannot but imbibe all prejudices inherent in the hermeneutic situation from which his understanding of the text arises. As Hans Georg Gadamer wrote, “The very idea of a situation means that we are not standing outside it and hence are unable to have any objective knowledge of it.” Thus, “the real meaning of a text, as it speaks to the interpreter, does not depend on the contingencies of the author … for it is always codetermined also by the historical situation of the interpreter and hence by the totality of the objective course of history.”

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While there are indeed legal issues in these cases, the lawyers of Senator

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Poe, both official and unofficial, have astutely clothed their legal arguments

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in a number of mythos, or masterplots. H. Porter Abbot defines a masterplot as a story “that we tell over and over in myriad forms and that connect vitally with our deepest values, wishes, and fears.” In other words, it is a

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narrative structure that moves our dormant prejudices, allowing us to http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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narrative structure that moves our dormant prejudices, allowing us to sympathize with Cinderella’s plight and to cheer the Count of Monte Cristo as he takes vengeance on his clueless oppressors. Lawyers often invoke these structures to activate the deeply-

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held masterplots of their audience. Textbooks on legal writing advise students to combine a persuasive theory of the case, a view of the facts and law that justifies a decision, with a compelling story. As Richard

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Neumann and Sheila Simon write, “The client’s story makes the theory

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come alive. It can do that because— although in a scientific world we expect ourselves to think logically—deep down inside, we think also in terms of stories.” Two masterplots predominantly shape the legal arguments in favor of Senator Poe. The first is the mythos of the foundling—an ancient and universal plot. It reminds us of Moses, a foundling who rose to be his people’s liberator from slavery. I am not saying that the senator claims to bring her hapless nation to the Promised Land, although one columnist has noted that she has “messianic pretensions.” At any rate, the foundling is a powerful image that appeals to our sense of justice. It suggests innocence and rekindles our common humanity and compassion. Indeed, how could we read a constitution in a way that the abandoned would be deprived even more? Certainly, international custom, which forms part of the law of the land, so the story goes, provides foundlings with natural-born citizenship. The second masterplot is the balikbayan story. This is culturally specific to a country that continues to witness a daily exodus of its citizens to foreign lands. This reminds us of Odysseus, an archetype of the returning overseas worker. Note that “The Odyssey” is not a journey away from home, but a nostos, a return, a homecoming. Although our compatriots abroad are no Odysseus and own no fiefdoms to recover, their struggle to return home often parallels the epic voyage of Odysseus to Ithaca. The Bengzon and Romualdez-Marcos cases show that this tale of homecoming has been favored by the Supreme Court. Meanwhile, the three justices who voted against Senator Poe weave a lawyer’s masterplot: Dura lex, sed lex (The law may be harsh, but that is the law). It is a cold but logical narrative. It is Shylock’s vision of law: “I cannot find it; ’tis not in the bond.” And so they argue that the Constitution follows http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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find it; ’tis not in the bond.” And so they argue that the Constitution follows the principle of jus sanguinis (blood relation) and stipulates no exception. There is also no international custom that hands instant citizenship, much less natural-born citizenship, to foundlings. And assuming there is an international custom, such a law is no better than a statute enacted by Congress. Hence, the citizenship acquired falls under Section 1(5), Article IV of the 1935 Constitution, or “those who are naturalized in accordance with law.” This is the theory of “naturalization” by customary international law. Finally, citizenship, it is argued, is not a blouse that one can wear and change on a whim. To change one’s citizenship for convenience is blatant opportunism. Thus, reacquisition under the Dual Citizenship Act should only be construed as a specie of naturalization. A different construction, warns Justice Arturo Brion, “would thereby allow Filipinos who have voluntarily relinquished their Philippine citizenship for political privileges in another country, to hold positions limited” to natural-born Filipinos. The law must distinguish between loyal and fair-weather citizens. These are the battling legal narratives pending at the Supreme Court. For now, we can only speculate on the closure to this conflict. Only one thing is certain: The narrative that the majority of the justices weave shall prevail. Jose Duke S. Bagulaya teaches a course in law and literature at the University of the Philippines Diliman and works as a lawyer in his spare time. FROM AROUND THE WEB

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TAGS: 2016, case, Commentary, disqualification, election, Elections, Grace Poe, law, opinion, Poe

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Rumple • a year ago

To SC just implement the LAW and Compassion

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makabayan88 • a year ago

CONVENIENCE.

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THAT is the point. https://t.co/sOQeC0hHOr #INQ disgrasyapoe became american becoz she WANTED TO. FOR CONVENIENCE. Then all of a sudden. she came back. Viewed the scenery and decided to resign as kinder teacher and sat as mtrcb chair, courtesy of PNoy. Gave up her american citizenship becoz she realized she can be a senator and a president!. MAS MAY "DATING" NGA NMN KAPAG TINAWAG NA "SENADORA" KAYSA 'TEACHER'....

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CONVENIENT! http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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CONVENIENT!

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Speaker Alvarez, in phone-patch interview, says: “Dyosko naman, kayo naman. Sino bang walang girlfriend?” | @deejayapINQ

△ ▽ • Share › Bashang Ito • a year ago

"The law must distinguish between loyal and fair-weather citizens." FAIR-WEATHER CITIZENS...LOL, good one. 2△

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Don Dee • a year ago

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patunayan niyo nga muna na foreigner ang mga magulang niya. ginagawan pa ng isyu eh porket malakas talaga!

△ ▽ • Share › jericxx • a year ago

Fair-weather Filipino - tamang tamang description kay Grace Poe! 2△

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Humanist101 • a year ago

A very specific constititional requirement can not be reinterpreted and overruled by a mere SC decision only an amendment to the constitution can make Llamanzares a natural born citizen period! 1△

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▽ • Share › kapitanvic1 > Humanist101 • a year ago

Mas magaling ka pa sa Sol Gen, besides the Consti is silent on the issue. Siya ang nagpatibag sa building sa likuran ni Rizal sa Luneta.

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#PresidentDuterte leads oathtaking of gov't officials, PH Councilors' League. https://t.co/xu591aBGZe | @NCorralesINQ

Pala_02G • a year ago

Citizenship is not a blouse that one can wear & change on whim...........ha ha ha ha mga TRAPOE at ESCUDERO intindihan nyo. ? 1△

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JennFD • a year ago

ILANG ARAW NALANG LALABAS NA ANG KATOTOHANAN AT MANANAIG NA ANG DEMOKRASYA! TULOY ANG LABAN PARA SA SAMA-SAMANG PAG-UNLAD AT MALINIS NA PAMAMAHALA! #LABANPOE2016 2△

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▽ • Share › Bashang Ito > JennFD • a year ago

Paano kung matalo si Poe sa SC? Tatanggapin mo pa din ba na ito ay "KATOTOHANAN at DEMOKRASYA"? Hahanapin kita dito sa araw na yan JennFD. 2△

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• Share ›

akoypinoi • a year ago

Ilang araw na lang at mawala na si Grace Llamanzares sa takilya.. i hope Susan will not kill herself this time. 2△

You

What school beat Richmond in Men's basketball in double overtime on November 18th 2010? La Salle IONA Fordham Saint Joseph's

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▽ • Share › JennFD > akoypinoi • a year ago

there's such thing as over trolling dude, wait for karma

△ ▽ • Share › http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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ANG INTERPRETASYON NG BATAS AY MAAARING SA LETRA O LITERAL AT ESPIRITU O ANG EPEKTO NG MAGIGING DESISYON SA BANSA AT TAONG BAYAN... LAWS SHOULD PROTECT, UPLIFT AND EMPOWER THE MARGINALIZE. WAG PIGILANG MAGNGARAP ANG MGA NATAGPUAN! IBIGAY SA AMIN ANG KAPANGYARIHANG BUMOTO NG KANDIDATONG MAGDADALA SA AMIN SA TAMANG PAGBABAGO! LABAN SEN. GRACE POE! 2△

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TAMA NA ANG PANGGIGIPIT.. PANAHON NA PARA MANAIG ANG KARAPATAN, HUSTISYA AT DEMOKRASYA! PARA SA SAMA-SAMANAG PAG-UNLAD AT MANUTING PAMAMAHALA… TULOY ANG LABAN! 1△

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Ang batas ay maaring intindihin ng naayon sa LETRA o LITERAL o ESPIRITU o ang EPEKTO NG DESISYON SA BAYAN, MAMAMAYAN at sa kasong ito sa MGA BATANG NATAGPUAN AT KINUPKOP.. Ang mga taong nagagalit dahil hindi sang ayon sakanila ang desisyon pero nagdedemand na RUMESPETO NG BATAS AT PROSESO, AY MGA IPOKRITO... WALANG NILALABAG SI SEN. GRCAE, nirespeto nya ang mga desisyon at tumugon sya sa mga PROSESO. tamang paraan at ligal ang paglaban... DEMOKRATIKO ANG BANSA, MARAPAT LANG NA PAKINGGAN ANG BOSES NG MAMAMAYAN! TULOY ANG LABAN! 1△

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eglesya ni bentot • a year ago

OFW pala si Odysseus LOL kung palulusutin yan wala dapat magreklamo next time if or when a born again Pinoy coming "home" from russia, china or north korea decides to take a shot at the Presidency.

△ ▽ • Share › kapitanvic1 • a year ago

SOLICITOR GENERAL HILBAY BACKS SET DECISION THAT POE IS A NATURAL BORN FILIPINO. HILBAY WAS APPOINTED BY PRESIDENT AQUINO LAST YEAR. HILBAY IS A FORMER BAR TOPNOTCHER Metro Manila (CNN Philippines) — The Office of the Solicitor General (OSG) on Monday (January 4) backed the decision of the Senate Electoral Tribunal (SET) that Sen. Grace Poe is a natural-born Filipino. In its comment, the OSG said the tribunal's decision embodies a "legally grounded, reasonable and just interpretation" of the 1935 Constitution. Solicitor General Florin Hilbay argued that the deliberations of the 1934 Constitutional Commission has indicated the intention to categorize foundlings as a class of persons considered as Philippine citizens. Hilbay explained, the understanding that foundlings are citizens of the Philippines rests on the rational assumption that a child of unknown parentage is "the son of a Filipino." http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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The OSG also maintained that Poe validly reacquired her natural-born citizenship. THANK YOU THANK YOU SOLICITOR GENERAL FLORIN HILBAY 3△

▽ • Share › Humanist101 > kapitanvic1 • a year ago

In your dreams! You can not amend a constitutional requirement by a mere SC decision because sovereinty resides in the people not the SC.

△ ▽ • Share › JennFD • a year ago

every foundling has the right to have a state and nationality, they are presumed a natural born unless proven that their parents are foreign... HINDI DAPAT INIIWAN NG ESTADO ANG MGA BATANG NATAGPUAN AT INAMPON.. TULOY ANG LABAN PARA SA SAMASAMANG PAG-UNLAD AT MALINIS NA PAMAMAHALA! #LABANPOE2016 2△

▽ • Share › OFWaq > JennFD • a year ago

where in the Philippine Constitution stated that foundlings are presumed natural born??? are you dreaming, did you really read n understand the Phil. Constitution??? think first before commenting n posting... 2△

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Pinuno • a year ago


Sen. Grace Poe deserves to lead this country for the betterment of every Filipino! We will support you all the way Sen. Grace Poe. 3△

▽ • Share › eglesya ni bentot > Pinuno • a year ago

This is a Republic not a Monarchy and in a Republic citizens only deserve a chance at getting elected. Nobody inherently deserves to lead here.

△ ▽ • Share › akoypinoi > Pinuno • a year ago

huh? baka lasing ka pa dahil sa inuman ninyo ni Grace noong new year? 1△

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Charlotte Samaniego > Pinuno • a year ago

"Sen. Grace Poe deserves to lead this country?!?!?" What kind of amoeba brain were you born with?!?!? Nobody "deserves" to lead a people. People "deserve" good leaders instead. Being a president is not a price for a winner; it's public service, you fungus-face!!! 5△

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Paul Balmes • a year ago

Ang bansa natin ay nangangailangan ng leader na may Integridad, may Sariling pag-iisip, may Puso para sa mga Pilipino, Modern outlook at Unifying leadership. Senator Grace Poe ikaw ang kailangan namin at ng ating bansa. tuloy lang ang laban Senator Grace at huwag kang susuko. Kami ay sumusuporta sayo kahit anung mangyari hanggang sa huli. 3△

▽ • Share › OFWaq > Paul Balmes • a year ago

my integridad at sariling pag-iisip??? asa k p... she is dictated by bolero-2 face escudero n danding + ongpin... so, paano masabi mron xa nyn??? ayaw nga nya maalis pagka american citizen asawa nya, pde lng raw gwin ng asawa nya pag http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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maalis pagka american citizen asawa nya, pde lng raw gwin ng asawa nya pag manalo n xa... so asan dyn integridad, d ba malinaw na opportunista xa??? bakit, ano n b ngawa nya sa ating bansa mula ng dumating xa galing sa america??? keep on dreaming... 2△

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Fulpol • a year ago

the author is a professor of UP Diliman.. his style and his level of thinking is like of Solita Monsod.. when SC abide by legalities and judicial matters, its has no audience.. whatever the story being told, SC will still abide by the rules.. if SC will attempt to aroused an audience, SC is a clown, a puppet.. either political or just a jester of the court.. if you tell a story, you might be surprised there is still story behind it.. that is the case of Grace Poe.. her opponent is telling their stories.. and behind their stories, she is telling a story.. it didn't alter the plot, it enlivened it.. as it will create a different realm.. a different perspective, a different dimension.. darn, who ever thought a Black American President of the USA?.. amid the racism amid the liberalism of US?? who ever thought a foundling President of PH? amid legal perfectionism of Carpio amid the natural inclination of Pilipinos to value life and embrace strangers?? you see, the story behind the stories?? UP Diliman professsor.. waaahhhh... 1△

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kaya natin • a year ago

kung yung isang pobreng natural born pilipino ay di pwedeng kumandidato dahil lang sa pagdududang hindi nya kayang gumastos sa kampanya kahit taglay lahat ang kwalipikasyon, bakit ang pagdududang hindi pilipino ang isang tao, at pagdududang hindi magiging tapat dahil pamilyang amerikano ay tatanggapin? hindi ba masyadong hindi patas ang batas kung ganon? di ba dapat patunayan muna ni grace na pilipino sya at hintaying maging pilipino ang buong pamilya bago kakandidato? 2△

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Paul Balmes • a year ago

We Believe that Supreme Court will uphold the SET decision and reverse the COMELEC decision. Senator Grace Poe is qualified. 2△

▽ • Share › OFWaq > Paul Balmes • a year ago

keep on dreaming... 2△

▽ • Share › akoypinoi > OFWaq • a year ago

I second the motion.. dream big; it's free anyway.. 1△

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Pinuno • a year ago

SolGenPH files comment, says SET correct. Sen. Grace Poe a natural-born citizen.

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http://opinion.inquirer.net/91735/law-and-narrative-contests-in-the-poe-cases

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egay_d_tagay • a year ago Comments continue after advertisement

Nakakasawa at nakakasuka na ang paulit-ulit na post ng mga tao d2. Wala na bang ibang maipapaliwanag pa na kakaiba naman??? Bakit ba hanggang ngayon ay hindi pa nagre-reacquire ng Filipino citizenship ang asawa't mga anak nitong si Grace Poe? Ano ang hinihintay nila? Disqualification ni Poe sa SC? 5△

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Bradley • a year ago

They can't put a good person down. Remain magnanimous in your victory. Remain humble. Yes, I believe it takes a good heart filled with love for her fellow brethren to achieve good governance. Better than intelligence. God be with you in all ways for always. Grace Poe for the Change 1△

▽ • Share › akoypinoi > Bradley • a year ago

change of what, citizenship?

△ ▽ • Share › Pinuno • a year ago

Naniniwala ang nakakaraming Pilipino na qualified ka po Senator Grace Poe. Ikaw po ang pag-asa ng ating bansa at alam po namin na ikaw ang solusyon sa mga problemang kinakaharap ng ating bansa. Good Luck and God Bless Senator Grace Poe! 2△

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Paola123 • a year ago

It is impossible that the Supreme Court would disqualify her, because that's just pure discrimination for this foundlings 1△

▽ • Share › Durian > Paola123 • a year ago

Foundling is not the issue my foot but her lack of the 10 yr residency and not being a natural born.... she's a Pinay but not natural plus she used her US Passport many times even after she renounced her US citizenship.

△ ▽ • Share › akoypinoi > Paola123 • a year ago

just watch out.. but dont kill yourself once she's disqualified!

△ ▽ • Share › Paola123 • a year ago

She will surely win! We are sick of our current govt's sugar coated promises. Senator Poe is the game changer here, she will prove her detractors wrong, that you can't put a strong woman down. 2△

▽ • Share › dukaponte > Paola123 • a year ago

Paano siya mananalo, hindi ko naman siya iboboto...

△ ▽ • Share › herminio_jusayan > dukaponte • a year ago

iboto ko siya ,di siya trapo at di gnid at di masama ang intensyon sa pagsisilbi sa taong bayan`!!!

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△ ▽ • akoypinoi > Paola123 • a year ago

dream pa more.. libre naman managinip eh..

△ ▽ • Share › Paola123 • a year ago

It will not change the fact that Senator Grace Poe is a filipino! The fact that she has shown enough evidence, makes her qualified 2△

▽ • Share › Scorpio15 > Paola123 • a year ago

Filipino nga sya kaya lang naturalised!!! 2△

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Fran Ramos • a year ago


Sen. Grace Poe has the documents to prove that she satisfies the 10-year residency requirement. COMELEC's decision is flawed, and the fight is not yet over. Let's all continue to fight for the right of Sen. Grace Poe to lead our country - this battle is not only hers, but it's also the battle of all children who were abandoned at birth. 1△

▽ • Share › akoypinoi > Fran Ramos • a year ago

kumedyante ka rin ano.. natatawa ako sa iyo! 1△

▽ • Share ›

OFWaq > Fran Ramos • a year ago

ha ha ha... ano ito sarsuela pati mga batang abandoned sinasali n... ano hnap, sympathy vote??? 3△

▽ • Share ›

Dai-ichi > Fran Ramos • a year ago

Inakopu!

△ ▽ • Share › Scorpio15 > Fran Ramos • a year ago

Hayan Gamit na naman ang Foundlings!!! Napanis na ang mga Foundling sa kasawsaw nyo!!! 0.0005% lang ang Foundlings sa population ng Pinas ngayon ginagawa nyong Elepante ang Isyu na no-on Langaw la-ang!!! 4△

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Law and narrative contests in the Poe cases | Inquirer Opinion

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