DIGEST/ Banas, Mary Rovytte/ Antonio Bengson vs House of Representative Electoral Tribunal and Teodoro C Cruz G.R. No. 142840 May 07, 2001

Facts: 

Cruz was a natural-born citizen of the Philippines. He was born in Tarlac to Filipino parents. However, when he enlisted in the Us Marine Corps and took an oath of allegiance to the USA this had resulted in losing his Filipino citizenship as provided under section 1(4) in CA No. 63, a Filipino citizen may lose his citizenship by, among other, “rendering service to or accepting commission in the armed forces of a foreign country.”

But in 1994, Cruz reacquired his Philippine citizenship through repatriation under RA 2630 and ran for and was elected as a representative in Pangasinan. Subsequently, petitioner Bengson questioned his nationality and filed a case for  Quo Warranto Ad Cautelam with the respondent House of Representatives Electoral Tribunal (HRET). HRET dismissed the petition and decided that Cruz was a natural-born citizen of the Philippines, hence, he is qualified as a member of the House of Representative.

Issue: 

Whether or not Cruz is a natural-born citizen of the Philippines? 

Ruling: 

Yes.  Natural-born citizens "are those citizens of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship." On the other hand, naturalized citizens are those who have become Filipino citizens through naturalization, generally under Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law, which repealed the former Naturalization Law (Act No. 2927), and by Republic Act No. 530. To be naturalized, an applicant has to prove that he possesses all the qualifications and none of the disqualifications.

In C.A. No. 63 (An Act Providing for the Ways in Which Philippine Citizenship May Be Lost or Reacquired (1936), enumerates three modes by which Philippine Citizenship may be reacquired by a former citizen, these are: 

1. Naturalization;

2. Repatriation; and 

3. By direct act of Congress. 

Repatriation may be had under various statutes by those who lost their citizenship due to:

1. desertion of the armed forces;

2. services in the armed forces of the allied forces in World War II;

3. service in the Armed Forces of the United States at any other time,

4. marriage of a Filipino woman to an alien; and

5. political economic necessity

Repatriation simply consists of taking an oath of allegiance to the Republic of the Philippines and registering said oath in the Local Civil Registry of the place where the person concerned resides or last resided. Then this results in the recovery of the original nationality. This means that a naturalized Filipino who lost his citizenship will be restored to his prior status as a naturalized Filipino citizen. On the other hand, if he was originally a natural-born citizen before he lost his Philippine citizenship, he will be restored to his former status as a natural-born Filipino.

In this case, Cruz lost his Filipino citizenship when he rendered service in the Armed Forces of the United States and was subsequently reacquired under R.A. No. 2630 by repatriation. Since that Cruz had taken the required oath of allegiance to the Republic and had registered the same in the Civil Registry of Magantarem, Pangasinan. Thus, respondent Cruz is deemed to have recovered his original status as a natural-born citizen, a status which he acquired at birth as the son of a Filipino father.