Teodoro Cruz was a natural-born citizen of the Philippines. He was born in SanClemente, Tarlac, on April 27, 1960, of Filipino parents. The fundamental law then applicablewas the 1935 Constitution. On November 5, 1985, however, Cruz enlisted in the United
StatesMarine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Filipino citizenship for underCommonwealth Act No. 63, Section 1(4), a Filipino citizen may lose his citizenship by, amongothers, "rendering service to or accepting commission in the armed forces of a foreign country.Cruz was thereafter naturalized as a US citizen on June 5, 1990 in connection with his service inthe U.S. Marine Corps.On March 17, 1994, respondent Cruz reacquired his Philippine citizenship throughrepatriation under Republic Act No. 2630. He ran for and was elected as the Representative of the Second District of Pangasinan in the May 11, 1998 elections. He won by a convincing marginof 26,671 votes over petitioner Antonio Bengson III, who was then running for reelection.Bengson then filed a case for Quo Warranto Ad Cautelam with respondent HRET claiming thatrespondent Cruz was not qualified to become a member of the House of Representatives sincehe is not a natural-born citizen as required under Article VI, Section 6 of the Constitution.On March 2, 2000, the HRET rendered its decision dismissing the petition for quo warrantoand declaring respondent Cruz the duly elected Representative of the 2nd District of Pangasinanin the May 1998 elections. Bengson’s MR was likewise denied.
StatesMarine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Filipino citizenship for underCommonwealth Act No. 63, Section 1(4), a Filipino citizen may lose his citizenship by, amongothers, "rendering service to or accepting commission in the armed forces of a foreign country.Cruz was thereafter naturalized as a US citizen on June 5, 1990 in connection with his service inthe U.S. Marine Corps.On March 17, 1994, respondent Cruz reacquired his Philippine citizenship throughrepatriation under Republic Act No. 2630. He ran for and was elected as the Representative of the Second District of Pangasinan in the May 11, 1998 elections. He won by a convincing marginof 26,671 votes over petitioner Antonio Bengson III, who was then running for reelection.Bengson then filed a case for Quo Warranto Ad Cautelam with respondent HRET claiming thatrespondent Cruz was not qualified to become a member of the House of Representatives sincehe is not a natural-born citizen as required under Article VI, Section 6 of the Constitution.On March 2, 2000, the HRET rendered its decision dismissing the petition for quo warrantoand declaring respondent Cruz the duly elected Representative of the 2nd District of Pangasinanin the May 1998 elections. Bengson’s MR was likewise denied.
Issue:
Whether respondent Cruz, a natural-born Filipino who became an American citizen, can still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship.
Whether respondent Cruz, a natural-born Filipino who became an American citizen, can still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship.
Held:
Yes. There are two ways of acquiring citizenship: (1) by birth, and (2) by naturalization. These ways of acquiring citizenship correspond to the two kinds of citizens: the natural-borncitizen, and the naturalized citizen. A person who at the time of his birth is a citizen of aparticular country, is a natural-born citizen thereof.As defined in the same Constitution, natural-born citizens "are those citizens of thePhilippines from birth without having to perform any act to acquire or perfect his Philippinecitizenship."On the other hand, naturalized citizens are those who have become Filipino citizensthrough naturalization, generally under Commonwealth Act No. 473, otherwise known as theRevised Naturalization Law, which repealed the former Naturalization Law (Act No. 2927), andby Republic Act No. 530. To be naturalized, an applicant has to prove that he possesses all thequalifications and none of the disqualifications provided by law to become a Filipino citizen. Thedecision granting Philippine citizenship becomes executory only after two (2) years from itspromulgation when the court is satisfied that during the intervening period, the applicant has (1)not left the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has notbeen convicted of any offense or violation of Government promulgated rules; or (4) committedany act prejudicial to the interest of the nation or contrary to any Government announcedpolicies.Filipino citizens who have lost their citizenship may however reacquire the same in themanner provided by law. Commonwealth Act. No. 63 (C.A. No. 63), enumerates the three modesby which Philippine citizenship may be reacquired by a former citizen: (1) by naturalization, (2)by repatriation, and (3) by direct act of Congress.Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. Asa mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth
Act No. 473, as amended. On the other hand, naturalization as a mode for reacquiring Philippinecitizenship is governed by Commonwealth Act No. 63. Under this law, a former Filipino citizenwho wishes to reacquire Philippine citizenship must possess certain qualifications and none of the disqualifications mentioned in Section 4 of C.A. 473. Repatriation, on the other hand, may behad under various statutes by those who lost their citizenship due to: (1) desertion of the armedforces; (2) service in the armed forces of the allied forces in World War II; (3) service in theArmed Forces of the United States at any other time; (4) marriage of a Filipino woman to analien; and (5) political and economic necessity.As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath inthe Local Civil Registry of the place where the person concerned resides or last resided.As a rule, repatriation results in the recovery of the original nationality. This means that anaturalized Filipino who lost his citizenship will be restored to his prior status as a naturalizedFilipino citizen. On the other hand, if he was originally a natural-born citizen before he lost hisPhilippine citizenship, he will be restored to his former status as a natural-born Filipino. The ruleapplies to Cruz’s case. Being a natural-born citizen, Cruz reacquired this status upon hisrepatriation.
Yes. There are two ways of acquiring citizenship: (1) by birth, and (2) by naturalization. These ways of acquiring citizenship correspond to the two kinds of citizens: the natural-borncitizen, and the naturalized citizen. A person who at the time of his birth is a citizen of aparticular country, is a natural-born citizen thereof.As defined in the same Constitution, natural-born citizens "are those citizens of thePhilippines from birth without having to perform any act to acquire or perfect his Philippinecitizenship."On the other hand, naturalized citizens are those who have become Filipino citizensthrough naturalization, generally under Commonwealth Act No. 473, otherwise known as theRevised Naturalization Law, which repealed the former Naturalization Law (Act No. 2927), andby Republic Act No. 530. To be naturalized, an applicant has to prove that he possesses all thequalifications and none of the disqualifications provided by law to become a Filipino citizen. Thedecision granting Philippine citizenship becomes executory only after two (2) years from itspromulgation when the court is satisfied that during the intervening period, the applicant has (1)not left the Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has notbeen convicted of any offense or violation of Government promulgated rules; or (4) committedany act prejudicial to the interest of the nation or contrary to any Government announcedpolicies.Filipino citizens who have lost their citizenship may however reacquire the same in themanner provided by law. Commonwealth Act. No. 63 (C.A. No. 63), enumerates the three modesby which Philippine citizenship may be reacquired by a former citizen: (1) by naturalization, (2)by repatriation, and (3) by direct act of Congress.Naturalization is a mode for both acquisition and reacquisition of Philippine citizenship. Asa mode of initially acquiring Philippine citizenship, naturalization is governed by Commonwealth
Act No. 473, as amended. On the other hand, naturalization as a mode for reacquiring Philippinecitizenship is governed by Commonwealth Act No. 63. Under this law, a former Filipino citizenwho wishes to reacquire Philippine citizenship must possess certain qualifications and none of the disqualifications mentioned in Section 4 of C.A. 473. Repatriation, on the other hand, may behad under various statutes by those who lost their citizenship due to: (1) desertion of the armedforces; (2) service in the armed forces of the allied forces in World War II; (3) service in theArmed Forces of the United States at any other time; (4) marriage of a Filipino woman to analien; and (5) political and economic necessity.As distinguished from the lengthy process of naturalization, repatriation simply consists of the taking of an oath of allegiance to the Republic of the Philippines and registering said oath inthe Local Civil Registry of the place where the person concerned resides or last resided.As a rule, repatriation results in the recovery of the original nationality. This means that anaturalized Filipino who lost his citizenship will be restored to his prior status as a naturalizedFilipino citizen. On the other hand, if he was originally a natural-born citizen before he lost hisPhilippine citizenship, he will be restored to his former status as a natural-born Filipino. The ruleapplies to Cruz’s case. Being a natural-born citizen, Cruz reacquired this status upon hisrepatriation.