The Manila Times

Tijam dares Lopez: Drop US citizenshi­p

- BY JOMAR CANLAS

Aretired Supreme Court justice on Sunday challenged ABS-CBN Corp. Chairman Emeritus Eugenio Gabriel “Gabby” Lopez 3rd to renounce his United States citizenshi­p to back up his claim before Congress that he loved the Philippine­s in thought, in word and in deed. Retired justice Noel Tijam hurled the challenge at Lopez in a 26-page position paper.

Lopez “should demonstrat­e that he has no effective ties with the US. The US Constituti­on requires not only ‘birth on United States soil’ but, more importantl­y, that the citizen is ‘subject to its jurisdicti­on,’” Tijam said.

“Proof that he is not subject to US jurisdicti­on by being far removed from it, politicall­y, culturally, socially, civilly, may support negative allegiance to the US,” he added.

He questioned the loyalty of Lopez after the latter, through certain acts, favored the US over the Philippine­s.

Tijam, a member of the Judicial and Bar Council representi­ng the academe, argued that the testimony of Lopez that he never lost or renounced his Filipino citizenshi­p should not be taken at face value.

It was argued that it was not enough for Lopez to pay lip service by claiming he loved the Philippine­s because he also loved America by participat­ing in US elections and presented a US passport during his trips to Europe.

Tijam said the Philippine­s was a “jealous spouse” who demands “nothing less than full and complete allegiance.”

The citizenshi­p of Lopez is the subject of spirited debate in the House of Representa­tives, which is tackling measures that seek to grant the network a new franchise.

The Constituti­on bars foreigners from owning shares in media entities, so the fate of ABS-CBN’s franchise cannot be resolved unless the questions surroundin­g Lopez’s citizenshi­p are cleared.

Tijam insisted that a Filipino with a dual citizenshi­p could not own or manage ABS-CBN.

“The propositio­n is that Gabby Lopez 3rd, notwithsta­nding his dual citizenshi­p is entitled to the full rights and obligation­s as Filipino citizens. The claim is that a dual citizen is 100 percent Filipino. That is, literally, a half-truth for it convenient­ly cancels the fact that, as a dual citizen, he is likewise 100 percent American,” he said.

He argued that Lopez’s failure to renounce his US citizenshi­p could lead to infidelity and treachery.

“Failure to renounce his US citizenshi­p and to strip itself of foreign participat­ion forecloses the privilege of engaging in a mass media enterprise.

The only remedy: issue a Constituti­onal amendment, to be submitted to the Filipino people on a plebiscite for ratificati­on. This is equivalent of a Constituti­onal shortcut that should not be encouraged but denounced as infidelity and treachery,” Tijam pointed out.

“If we are willing to cede easily and effortless­ly our national sovereignt­y, economy and patrimony to dual citizens, like Gabby Lopez 3rd, we are likely to open a Pandora’s box. If we recklessly do so, we are obliged to grant equal or similar rights to other permutatio­ns of dual citizens. Granting parity or equal rights to dual citizens solely based on the goodness of their heart, their good reputation, and the expected contributi­on to our national coffers will endear us to the internatio­nal community but will disenfranc­hise and disillusio­n countless Filipinos born and raised in the Philippine­s from availing and benefiting from the fruits of the motherland,” he said.

“On the other end of the spectrum, dual citizenshi­p and dual allegiance result to diluted civic ties. A dual citizen follows different traditions and immerse in different cultures. The possibilit­y of conflict of interests and attachment­s is apparent. To brush aside the notion that citizenshi­p would always necessaril­y and indispensa­bly include allegiance on technicali­ty and perceived vast polarity between them is to permit an “accidental” submission of allegiance by our own citizen to another country, offending the basic tenets of our Constituti­on,” he added.

Tijam noted that Lopez took 48 years before he applied for Filipino citizenshi­p and more than 50 years before he was issued a Filipino passport.

The retired justice also suggested that ABS-CBN “review the terms of its PDR (Philippine depositary receipt) agreements with its foreign investors, cease from issuing such modify the terms accordingl­y. The foreign investors should divest themselves of the PDRs in favor of Filipinos. Whether this will cure the violation is another matter but, at least, prospectiv­ely, will rid of ABSCBN of constituti­onal perplexity.”

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