Digest Author: Roman Cyril Panganiban

Antonio Bengson III vs. House of Representatives Electoral Tribunal and Teodoro C. Cruz
G.R. 142840

Petition:
Petitioner:
Respondents:
Ponente:
Date:

Quo Warranto Ad Cautelam

Antonio Bengson III
House of Representatives Electoral tribunal and Teodoro C. Cruz
Kapunan, J.
May 7, 2001

Facts:
The citizenship of respondent is in question in view of Article VI, Section 6 of the
Constitution that says that a Member of the House of Representatives shall be a natural-born
citizen.

Respondent Cruz was born in San Clemente, Tarlac, on April 27, 1960, of Filipino
parents. However on November 5, 1985 he enlisted in the United States Marine Corps and took
an oath of allegiance to the United States. With this action, he lost his Filipino citizenship based
on the provision of Section 1(4), Commonwealth Act No. 63 that states that a Filipino citizen
may lose his citizenship by rendering service to or accepting commission in the armed forces of a
foreign country. He was also naturalized as a U.S. citizen on June 5, 1990. On March 17, 1994,
respondent Cruz reacquired his Philippine citizenship through repatriation under Republic Act
No. 2630 (An Act Providing for Reacquisition of Philippine Citizenship by Persons Who Lost
Such Citizenship by Rendering Service To, or Accepting Commission In, the Armed Forces of
the United States). He ran for and was elected as the Representative of the Second District of
Pangasinan in the 1998 elections over petitioner Antonio Bengson III. Petitioner then filed a case
for Quo Warranto Ad Cautelam with House of Representatives Electoral Tribunal (HRET)
claiming that respondent Cruz was not qualified since he is not a natural-born citizen as required
under Article VI, Section 6 of the Constitution. HRET dismissed the petition declared respondent
as the duly elected Representative of the Second District of Pangasinan. HRET likewise denied
petitioner's motion for reconsideration. Thus this the present petition

Issues:

1. W/N 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

Ruling:

1. YES. Filipino citizens who have lost their citizenship may however reacquire the same in
the manner provided by Commonwealth Act. No. 63 that states that Philippine citizenship
may be reacquired by a former citizen by Naturalization, Repatriation or an Act of
Congress. In this case, respondent used Repatriation to regain hi citizenship. Repatriation
only 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 and results in the recovery of the original nationality. This means
that 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.

Decision:
Petition DISMISSED.