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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Facts: A baby named Miro is found abandoned in a shopping mall parking lot in Iloilo City. There is no identification and no known parents. A foundling case is filed with the local civil registrar. (a) State the controlling rule on citizenship for foundlings under Republic Act No. 11767; (b) Explain how this rule relates to the constitutional rule on citizenship by birth; (c) Apply the rules to Miro: Is Miro a Filipino citizen by operation of law? What steps are required to secure documentary evidence of his citizenship?

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The rule is that foundlings acquire citizenship by operation of law; (b) It partially overlaps with the birth rule but RA 11767 resolves ambiguity; (c) The documentary evidence is a Certificate of Filipino Citizenship issued by the Civil Registrar upon filing a petition through the local Social Welfare Office. Foundlings gain citizenship by operation of law under RA 11767; (b) The rule is a direct counterpart to the constitutional birth rule and does not conflict with it; (c) To secure documentary evidence, Miro would file for a Certificate of Filipino Citizenship with the civil registrar, which would be recorded in the birth certificate by the PSA. The controlling rule remains the constitutional rule on birth; RA 11767 does not confer citizenship on foundlings by operation of law; therefore Miro would need to be adopted or naturalized to be a citizen, and documentary evidence would come only after such process. Foundlings found in the Philippines acquire Filipino citizenship by operation of law under RA 11767; (b) This rule supplements the constitutional citizenship-by-birth provision, extending it to foundlings; (c) Miro is a Filipino citizen by operation of law, and documentary evidence is obtained by applying with the Local Civil Registrar and the PSA for a Certificate of Filipino Citizenship and to have his birth record updated accordingly.

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