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    GR 142840 Bengson V House Digest

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    Ylourah Sarmiento
    The Supreme Court dismissed the petition challenging Teodoro Cruz's qualification to be a member of the House of Representatives. Cruz lost his Philippine citizenship when he enlisted in the US Marine Corps in 1985, but reacquired it in 1994 through repatriation under Republic Act 2630. The Court ruled that under Philippine law, repatriation results in recovering one's original nationality. Since Cruz was originally a natural-born Filipino, repatriation restored him to that status. Thus, Cruz satisfied the constitutional requirement of being a natural-born citizen to hold public office.

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    GR 142840 Bengson V House Digest

    Uploaded by

    Ylourah Sarmiento
    111 views1 page
    The Supreme Court dismissed the petition challenging Teodoro Cruz's qualification to be a member of the House of Representatives. Cruz lost his Philippine citizenship when he enlisted in the US Marine Corps in 1985, but reacquired it in 1994 through repatriation under Republic Act 2630. The Court ruled that under Philippine law, repatriation results in recovering one's original nationality. Since Cruz was originally a natural-born Filipino, repatriation restored him to that status. Thus, Cruz satisfied the constitutional requirement of being a natural-born citizen to hold public office.

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    The Supreme Court dismissed the petition challenging Teodoro Cruz's qualification to be a member of the House of Representatives. Cruz lost his Philippine citizenship when he enlisted in the US Marine Corps in 1985, but reacquired it in 1994 through repatriation under Republic Act 2630. The Court ruled that under Philippine law, repatriation results in recovering one's original nationality. Since Cruz was originally a natural-born Filipino, repatriation restored him to that status. Thus, Cruz satisfied the constitutional requirement of being a natural-born citizen to hold public office.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    111 views1 page

    GR 142840 Bengson V House Digest

    Uploaded by

    Ylourah Sarmiento
    The Supreme Court dismissed the petition challenging Teodoro Cruz's qualification to be a member of the House of Representatives. Cruz lost his Philippine citizenship when he enlisted in the US Marine Corps in 1985, but reacquired it in 1994 through repatriation under Republic Act 2630. The Court ruled that under Philippine law, repatriation results in recovering one's original nationality. Since Cruz was originally a natural-born Filipino, repatriation restored him to that status. Thus, Cruz satisfied the constitutional requirement of being a natural-born citizen to hold public office.

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    © All Rights Reserved
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    G.R. No.

    142840 May 7, 2001

    ANTONIO BENGSON III, petitioner,


    vs.
    HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL and TEODORO C. CRUZ, respondents.

    NATURE OF THE CASE:


    The citizenship of respondent Teodoro C. Cruz, in view of the constitutional requirement that “no person shall be a Member
    of the House of Representative unless he is a natural-born citizen”

    SC DECISION:
    Petition is DISMISSED.

    FACTS:
    On November 5, 1985, respondent Cruz, a natural-born citizen of the Philippines born in San Clemente, Tarlac, on
    April 27, 1960, enlisted in the United States Marine Corps and without the consent of the Republic of the Philippines and
    therewith took an oath of allegiance to the United States. Consequently, he lost his Filipino citizenship under Commonwealth
    Act No. 63, section 1(4). On March 17, 1994, respondent Cruz reacquired his Philippine citizenship through repatriation under
    Republic Act No. 2630. Thereafter, he ran for and was elected as the Representative of the Second District of Pangasinan in
    the May 11, 1998 elections.
    Petitioner filed a case for Quo Warranto Ad Cautelam with respondent House of Representatives Electoral Tribunal
    (HRET) claiming that respondent Cruz was not qualified to become a member of the House of Representatives since he is not
    a natural-born citizen as required under Article VI, section 6 of the Constitution to which the HRET rendered its decision on
    March 2, 2000 dismissing the petition and declaring respondent Cruz to be the duly elected Representative of the Second
    District of Pangasinan. The HRET likewise denied petitioner's motion for reconsideration of the decision in its resolution dated
    April 27, 2000.

    ISSUE:
    WON respondent Cruz can still be considered a natural-born Filipino upon his reacquisition of Philippine citizenship
    and therefore qualifies him to be elected as a member of Congress.

    RULING:
    Respondent Cruz, by virtue of RA 965 and 2630 and as provided for in Section 2 Article 4 of the Constitution is deemed
    a natural-born Filipino upon his reacquisition of Philippine citizenship.

    Petition was DISMISSED on the following grounds:


     Filipino citizens who have lost their citizenship may reacquire the same in the manner provided by law.
    Commonwealth Act. No. (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;
     Respondent Cruz satisfies one of the conditions that qualifies for Repatriation, particularly the loss of citizenship as
    a result of “service in the Armed Forces of the United States at any other time.” Repatriation under statutes RA 965
    and 2630 consists of the taking of an oath of allegiance to the Republic of the Philippine and registering said oath in
    the Local Civil Registry of the place where the person concerned resides or last resided. Moreover, repatriation
    results in the recovery of the original nationality. This means that if a person 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;
     Respondent Cruz, as provided for in Section 2 Article 4 of the Constitution, which states that “those born of Filipino
    mothers before January 17, 1973 and who elect Philippine citizenship upon reaching the age of majority,” is deemed
    a natural-born citizen;
     Therefore, respondent Cruz having reacquired his Filipino citizenship by way of taking the oath of allegiance to the
    Republic of the Philippines and thereafter registering said oath in the Local Civil Registry of the place where he resides
    and who was not required to go through naturalization proceeding, is deemed a natural-born Filipino. As such, he
    possessed all the necessary qualifications to be elected as member of the House of Representatives.

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