Bengson III v. HRET

PRINCIPLE: Repatriation results in the recovery of the original nationality. 

FACTS: 

Teodoro Cruz was a natural-born citizen of the Philippines who enlisted in the US Marine Corps and took an oath of allegiance to the US. As a consequence, he lost his Filipino citizenship. 

On March 17, 1994, Cruz reacquired his Philippine citizenship through repatriation. He rand and was elected as the Representative of the 2nd District of Pangasinan in the May 11, 1998 elections. 

Bengson filed a Quo Warranto case with HRET claiming that Cruz is not a natural-born citizen as required under Article 6 [6] of the Constitution. The HRET dismissed the petition. 

ISSUES 

I) WON Cruz can still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship.

RULING

I.

Yes, Cruz was reverted to its natural-born citizenship.

Under the law, repatriation results in the recovery of the original nationality. 

In this case, Cruz was a former natural-born Filipino citizen who lost his citizenship by enlisting himself in the US Marine Corps. Hence, Cruz will be restored to his prior status as a natural-born Filipino through repatriation.

Therefore, Cruz is considered as a natural-born Filipino citizen. 

DISCUSSION

The 1987 Constitution enumerates who are Filipino citizens as follows:

1. Those who are citizens of the Philippines at the time of the adoption of this  Constitution; 
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority, and 
4. Those who are naturalized in accordance with law.

Two ways of acquiring citizenship: 1) by birth, and 2) by naturalization. 

Three ways of re-acquiring citizenship: 1) by naturalization; 2) by repatriation; and 3) by direct act of Congress.

Two kinds of citizens: 1) natural-born citizens, and 2) naturalized citizen.

• Natural-born citizens are Filipino citizens from birth without having to perform any act to acquire or perfect his Philippine citizenship.
• Naturalized citizens are those who have become Filipino citizens through naturalization. Naturalization is a mode for both acquisition (governed by CA 473, as amended) and reacquisition (governed by CA 63). 

Repatriation is simply consists of 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.

Repatriation results in the recovery of the original nationality. For example: If a naturalized Filipino lost his citizenship, he will be restored to his prior status as a naturalized Filipino through repatriation or if a natural-born Filipino lost his citizenship, he will be restored to his prior status as a natural-born Filipino through repatriation.

The HRET has been empowered by the Constitution to be 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 merely to check "whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction" on the part of the latter. In the absence thereof, there is no occasion for the Court to exercise its corrective power.