Bengson III v. HRET 3.
Natural-born citizens are those citizens of the Philippines from birth w/o
May 7, 2001 | Kapunan, J. | Citizenship: Natural-Born v. Naturalized
PETITIONER: Antonio Bengson, III.
RESPONDENTS: House of Representatives Electoral Tribunal
SUMMARY: Teodoro Cruz was a natural-born citizen of the PH. He lost his
citizenship when he enlisted in the US Marine Corps, and pledged allegiance to
the US. After he returned to the PH, he reacquired his citizenship through
repatriation. He then ran for Representative of the 2nd division of Pangasinan, and
won the elections.
Petitioner Bengson filed a case of quo warranto ad cautelam assailing Cruz’
citizenship. The HRET ruled in favor of Cruz, declaring him the duly elected
representative.
Petitioner now files this petitioner for certiorari.
According to petitioner, Cruz is not a NATURAL-BORN CITIZEN, because he
lost it when he served in the US marine core. Petitioner claims that a natural-born
citizen is one who does not need to do anything to perfect his citizenship.
DOCTRINE:
ISSUE/s:
1. W/N Teodoro Cruz is a natural-born citizen? - YES
RULING:
Petition DISMISSED.
RATIO:
1. The 1987 Constitution enumerates who are Filipino citizens as follows:
a. Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
b. Those whose fathers or mothers are citizens of the Philippines;
c. Those born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority, and
d. Those who are naturalized in accordance with law
2. 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-born citizen, and the naturalized citizen. A
person who at the time of his birth is a citizen of a particular country, is a
natural-born citizen thereof.
having to perform any act to acquire it or perfect it. Naturalized citizens
become citizens through naturalization.
4. To be naturalized an applicant must prove that he possesses all the
qualifications and none of the disqualifications provided by law
(Commonwealth Act No. 473) to become a citizen. (Non-Filipinos wanting
to become Filipino)
5. Filipino citizens who have lost their citizenship may however reacquire the
same in the manner provided by law. Commonwealth Act. No. 63 (C.A.
No. 63), enumerates the three modes by which Philippine citizenship may
be reacquired by a former citizen: (1) by naturalization, (2) by repatriation,
and (3) by direct act of Congress.
6. Naturalization can be used to acquire and reacquire citizenship. Acquiring
Filipino citizenship is governed by CA 473. Reacquiring is governed under
CA 63. (Other than that, they’re pretty much the same process)
7. Repatriation on the other hand, may be had under various statutes by
those who lost their citizenship due to:
a. desertion of the armed forces;
b. service in the armed forces of the allied forces in World War
II;
c. service in the Armed Forces of the United States at any other
time;
d. marriage of a Filipino woman to an alien; and
e. political and economic necessity
8. 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 in the Local Civil Registry of the place
where the person concerned resides or last resided
9. Angat v. Republic – the person wanting to reacquire Philippine Citizenship
does not need to file a petition to the court. All they have to do is take an
oath of allegiance to the Republic of the Philippines.
10. Moreover, repatriation 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.
11. The Act of Repatriation allows the recovery or return to the original status
before the Filipino Citizenship was lost.
12. The Contention that Cruz had to do something to perfect his citizenship is
untenable.
13. Section 2 of Article IV adds a sentence: "Those who elect Philippine
citizenship in accordance with paragraph (3), Section 1 hereof shall be
deemed natural-born citizens." Consequently, only naturalized Filipinos
are considered not natural-born citizens.
14. It is apparent from the enumeration of who are citizens under the present
Constitution that there are only two classes of citizens: (1) those who are
natural-born and (2) those who are naturalized in accordance with law. Any
Filiino Citizen who did not go through the process of naturalization is
necessarily a natural born citizen.
15. Cruz did not go through naturalization to reacquire his citizenship. He took
an oath of allegiance in accordance with the act of repatriation.
Furthermore, all citizens who are not naturalized are considered natural-
born.