b. Nationality Principle

Types of Stateless Persons

• De Jure Stateless Persons. Those who have lost their nationality if they had one, and have not acquired a new one. (Bernas, Public International Law, 2009) Persons who are not nationals of any State, either because at birth or subsequently they were not given any nationality, or because during their lifetime they lost their own nationality and did not acquire a new one. (UN Study of Statelessness, p.7)
• De Facto Stateless Persons. Those who have a nationality but to whom protection is denied by their state when out of the state. This is the situation of many refugees. (Bernas, Public International Law, 2009) Persons who, having left the country of which they were nationals, no longer enjoy the protection and assistance of their national authorities, either because these authorities refuse to grant them assistance and protection, or because they themselves renounce the assistance and protection of the countries of which they are nationals. (UN Study of Statelessness, p. 7)

Foundlings

Under the 1987 Constitution, Art. IV, Sec. 1, and Poe-Llamanzares, a foundling found in the Philippines is presumed to have been born here and is presumptively a natural-born Filipino citizen, subject to contrary proof. A foundling is, until the contrary is proved, presumed to have been born on the territory of the State in which he or she is found. (Poe- Llamanzares v. COMELEC, G.R. No. 221697, 2016, citing 1961 Convention on the Reduction of Statelessness, art. 2; 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality Laws, art. 14)

Under the 1987 Constitution, an international law can become part of the sphere of domestic law either by transformation or incorporation. This presumption in favor of foundlings is a generally accepted principle of international law. (Poe- Llamanzares v. COMELEC, G.R. No. 221697, 2016).

While the Philippines is not a party to the 1961 Convention on the Reduction of Statelessness (UNCRS) and the 1930 Hague Convention, it voted in favor of the adoption of the Universal Declaration on Human Rights (UDHR). Article 2 of the UNCRS and Article 14 of the Hague Convention merely give effect to Article 15(1) of the UDHR. (Poe-Llamanzares v. COMELEC, G.R. No. 221697, 2016).

What is Nationality Principle?

Every state has jurisdiction over its nationals even when those nationals are outside the state. (Bernas, Public International Law, 2009)