Title

Nobody's child: A study on Philippine laws on citizenship and the status of abandoned children declared as foundlings

Date of Publication

2015

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Civil Rights and Discrimination | Family Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Anne Maureen Manigbas

Defense Panel Chair

Edward P. Chico

Defense Panel Member

Arvin Jo
Joseph Aguas

Abstract/Summary

At present, there are a total of 5,461 abandoned and/or abused who are placed under the foster care of the DSWD. While the numbers are astounding, these reflect only those children that are in the custody of the DSWD. There are still countless of unidentified children who are left alone to protect and fend for themselves. Having unidentified parents, these children are at risk of being stateless.

The Philippines is a country that adopts the jus sanguinis in its citizenship laws, whereby in this principle, nationality is only granted to children who are born of parents who are their nationals. Even if an abandoned child is subsequently adopted, there is still no guarantee of nationality due to the country's adoption laws. This, therefore, creates a risk for children whose parents are unknown. Although the country is signatory to several international conventions concerning statelessness and the rights of a child, the local laws are inadequate to conform with the country's international obligations.

Children have a right to nationality. And as a rule, in all activities affecting the child, the rights of the child shall be of paramount consideration. The Philippine laws are inadequate to meet the needs and protection of abandoned children.

This is a study of the current situation of abandoned children declared as foundlings, Philippine laws concerning the issue, international obligations violated, and what is being practiced by concerned implementing agencies. It will end with a recommended cause of action and providing an additional provision under Article IV of the 1987 Philippine Constitution.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19361

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

166 leaves, 29 cm.

Keywords

Abandoned children--Legal status, laws, etc.--Philippines; Foundlings—Legal status, laws, etc.--Philippines; Adoption--Law and legislation--Philippines; Citizenship--Philippines; Statelessness--Philippines

Embargo Period

5-5-2021

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