The Supreme Court ruled that a natural-born Filipino who lost their citizenship by serving in a foreign military and subsequently reacquired it through repatriation maintains their natural-born status. This decision clarifies that repatriation restores the original citizenship status, allowing individuals who reacquire their citizenship to hold public office positions that require natural-born status. This ruling underscores the importance of repatriation laws in allowing Filipinos who have served abroad to fully reintegrate into Philippine society and participate in its governance.

From US Marine to Congressman: Can Repatriation Restore Natural-Born Citizenship?

This case revolves around the congressional seat of Teodoro C. Cruz and whether his prior service in the United States Marine Corps disqualified him from holding office. Antonio Bengson III challenged Cruz’s qualifications, arguing that Cruz’s naturalization as a U.S. citizen and subsequent reacquisition of Philippine citizenship through repatriation did not restore his natural-born status. The central legal question is whether repatriation under Republic Act No. 2630 restores the original citizenship status, including the natural-born designation, for individuals who lost their Filipino citizenship due to service in a foreign military.

The facts of the case are straightforward. Cruz was born in the Philippines to Filipino parents, making him a natural-born citizen under the 1935 Constitution, which was in effect at the time of his birth. However, he later enlisted in the U.S. Marine Corps and became a naturalized U.S. citizen. This act led to the loss of his Philippine citizenship under Commonwealth Act No. 63, which states that a Filipino citizen may lose their citizenship by “rendering services to, or accepting commission in, the armed forces of a foreign country.”

Section 1. How citizenship may be lost. — A Filipino citizen may lose his citizenship in any of the following ways and/or events:

x x x         x x x         x x x

(4) By rendering services to, or accepting commission in, the armed forces of a foreign country: Provided, That the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Republic of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present:

Upon returning to the Philippines, Cruz reacquired his Philippine citizenship through repatriation under Republic Act No. 2630. This law allows individuals who lost their citizenship due to service in the U.S. Armed Forces to reacquire it by taking an oath of allegiance to the Republic of the Philippines. Subsequently, Cruz ran for and was elected as Representative of the Second District of Pangasinan. Bengson then filed a Quo Warranto Ad Cautelam case, arguing that Cruz was not a natural-born citizen and thus not qualified to be a member of the House of Representatives.

The Supreme Court, in its analysis, emphasized the distinction between natural-born and naturalized citizens. Natural-born citizens are defined in the 1987 Constitution as “those citizens of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.” Naturalized citizens, on the other hand, are those who have become Filipino citizens through naturalization, typically under Commonwealth Act No. 473. The Court highlighted that reacquisition of citizenship through repatriation restores the original nationality. For a natural-born Filipino, repatriation restores that status.

The Court distinguished repatriation from naturalization, noting that the former involves a recovery of original citizenship. The process of repatriation, particularly under R.A. No. 2630, is simpler than naturalization, requiring only an oath of allegiance to the Republic of the Philippines. This act, the Court reasoned, allows the individual to recover their original status before the loss of citizenship. Since Cruz was a natural-born citizen at birth, his repatriation restored him to that status.

The Court also addressed the argument that Cruz had to perform an act to regain his citizenship, thus disqualifying him from being considered natural-born. The Court explained that the phrase “without having to perform any act” in the definition of natural-born citizens primarily distinguishes them from naturalized citizens, who must undergo a formal naturalization process. The act of repatriation, however, is seen as a restorative measure, not an act of acquiring a new citizenship.

Furthermore, the Court noted that the House of Representatives Electoral Tribunal (HRET) is the sole judge of all contests relating to the election, returns, and qualifications of the members of the House. The Court’s jurisdiction over the HRET is limited to checking for grave abuse of discretion. In this case, the Court found no such abuse, affirming the HRET’s decision to uphold Cruz’s qualifications.

Justice Panganiban, in his concurring opinion, emphasized that repatriation is the recovery of original citizenship. He argued that because Cruz was not naturalized, he should be deemed natural-born. He also stressed that the Court should not interfere with the HRET’s judgment unless there is a clear showing of a manifest violation of the Constitution or the law. Justice Panganiban further underscored the importance of upholding the will of the people, as the voters of the Second District of Pangasinan had overwhelmingly chosen Cruz to represent them.

However, Justice Sandoval-Gutierrez dissented, arguing that Cruz was not a natural-born citizen because he had to perform certain acts to reacquire his citizenship. Justice Sandoval-Gutierrez contended that the Constitution’s definition of natural-born citizens is clear and precise, requiring no act to acquire or perfect citizenship. Since Cruz had to take an oath of allegiance and register it with the Local Civil Registry, he did not meet this requirement.

The dissenting opinion also emphasized the intent of the Constitution’s framers to provide a more stringent citizenship requirement for higher elective offices. This requirement, according to Justice Sandoval-Gutierrez, ensures that only citizens with an absolute and permanent degree of allegiance and loyalty are eligible for membership in Congress.

Ultimately, the Supreme Court’s decision rested on the principle that repatriation restores the original citizenship status. This ruling has significant implications for Filipinos who have lost their citizenship and wish to reacquire it, particularly those seeking to hold public office. It clarifies that repatriation allows individuals to fully reintegrate into Philippine society and participate in its governance, provided they meet all other qualifications for the desired position.

FAQs

What was the key issue in this case?	The key issue was whether Teodoro C. Cruz, who lost his Philippine citizenship by serving in the U.S. Marine Corps and later reacquired it through repatriation, could be considered a natural-born citizen and thus qualified to hold a seat in the House of Representatives.
What is repatriation?	Repatriation is the process by which a former citizen of a country reacquires their citizenship. In the context of this case, it refers to the reacquisition of Philippine citizenship by those who lost it due to service in the U.S. Armed Forces, as provided under Republic Act No. 2630.
What is the difference between a natural-born citizen and a naturalized citizen?	Natural-born citizens are citizens of a country from birth, without having to perform any act to acquire or perfect their citizenship. Naturalized citizens are individuals who were not citizens at birth but have become citizens through a legal process called naturalization.
What is Commonwealth Act No. 63?	Commonwealth Act No. 63 is a law that outlines how Philippine citizenship may be lost or reacquired. It specifies that a Filipino citizen may lose their citizenship by rendering services to, or accepting commission in, the armed forces of a foreign country.
What is Republic Act No. 2630?	Republic Act No. 2630 is a law that provides for the reacquisition of Philippine citizenship by persons who lost it by rendering service to, or accepting commission in, the Armed Forces of the United States. It allows them to reacquire citizenship by taking an oath of allegiance to the Republic of the Philippines.
What did the House of Representatives Electoral Tribunal (HRET) decide?	The HRET decided that Teodoro C. Cruz reacquired his natural-born citizenship upon his repatriation in 1994 and was therefore qualified to be the Representative of the Second District of Pangasinan. The HRET dismissed the petition for quo warranto filed against him.
What was the Supreme Court’s role in this case?	The Supreme Court’s role was to determine whether the HRET committed grave abuse of discretion in its decision. The Court’s jurisdiction is limited to checking for grave abuse of discretion, and it does not have the power to substitute its judgment for that of the HRET.
What was the main argument of the dissenting opinion?	The main argument of the dissenting opinion was that Teodoro C. Cruz was not a natural-born citizen because he had to perform certain acts, such as taking an oath of allegiance, to reacquire his citizenship. The dissent argued that the Constitution requires natural-born citizens to be citizens from birth without having to perform any act to acquire citizenship.
What are the implications of this ruling?	This ruling clarifies that repatriation restores the original citizenship status, including the natural-born designation. It allows individuals who reacquire their citizenship to hold public office positions that require natural-born status, provided they meet all other qualifications for the desired position.

The Supreme Court’s decision in Bengson III v. HRET and Cruz reinforces the principle of restoring original citizenship status through repatriation, impacting eligibility for public office. This ruling ensures that Filipinos who lost their citizenship by serving in foreign militaries, but subsequently reacquired it, can fully participate in Philippine governance.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ANTONIO BENGSON III VS. HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL AND TEODORO C. CRUZ, G.R. No. 142840, May 07, 2001