2026 Political Law, Question 17

Is the candidate correct in claiming to be a natural-born Philippine citizen based on a treaty to which the Philippines is not a party?

• AYes, because treaties establishing general principles of international law automatically form part of the law of the land under the Doctrine of Incorporation.
• BYes, provided that the candidate files a declaration of intention with the Department of Foreign Affairs invoking the treaty's provisions.
• CNo, because under the principle of pacta tertiis, a treaty creates neither obligations nor rights for a non-signatory State without its consent, and citizenship qualifications for public office are governed exclusively by domestic constitutional law.
• DNo, because candidates for the House of Representatives are strictly required to acquire natural-born citizenship through naturalization proceedings under Commonwealth Act No. 473.

Under Article 34 of the Vienna Convention on the Law of Treaties and the principle of pacta tertiis nec nocent nec prosunt, a treaty creates neither obligations nor rights for a third State without its consent. Since the Philippines is not a party to the treaty, its provisions cannot bind the State or confer Philippine nationality. Moreover, under Article VI, Section 6 and Article IV of the 1987 Constitution, qualifications for Members of the House of Representatives—including natural-born citizenship—are governed exclusively by domestic constitutional law.