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    Quo Warranto Ad Cautelam Quo Warranto: House of Representatives Electoral Tribunal and Teodoro C. Cruz, Respondents

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    Vanessa Evans Cruz
    The Supreme Court ruled that Teodoro Cruz, who was born in the Philippines but lost his citizenship when he joined the US military, could still be considered a natural-born citizen after regaining his Philippine citizenship. While Cruz lost his citizenship under the law for serving in a foreign military, he subsequently reacquired it under the Citizenship Retention and Re-acquisition Act. The Court held that this act of reacquisition allowed Cruz to be restored to his prior status as a natural-born citizen, satisfying the constitutional requirement for members of the House of Representatives.

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    Quo Warranto Ad Cautelam Quo Warranto: House of Representatives Electoral Tribunal and Teodoro C. Cruz, Respondents

    Uploaded by

    Vanessa Evans Cruz
    17 views2 pages
    The Supreme Court ruled that Teodoro Cruz, who was born in the Philippines but lost his citizenship when he joined the US military, could still be considered a natural-born citizen after regaining his Philippine citizenship. While Cruz lost his citizenship under the law for serving in a foreign military, he subsequently reacquired it under the Citizenship Retention and Re-acquisition Act. The Court held that this act of reacquisition allowed Cruz to be restored to his prior status as a natural-born citizen, satisfying the constitutional requirement for members of the House of Representatives.

    Original Description:

    Bengson vs Hret

    Original Title

    Bengson vs Hret

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    The Supreme Court ruled that Teodoro Cruz, who was born in the Philippines but lost his citizenship when he joined the US military, could still be considered a natural-born citizen after regaining his Philippine citizenship. While Cruz lost his citizenship under the law for serving in a foreign military, he subsequently reacquired it under the Citizenship Retention and Re-acquisition Act. The Court held that this act of reacquisition allowed Cruz to be restored to his prior status as a natural-born citizen, satisfying the constitutional requirement for members of the House of Representatives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    17 views2 pages

    Quo Warranto Ad Cautelam Quo Warranto: House of Representatives Electoral Tribunal and Teodoro C. Cruz, Respondents

    Uploaded by

    Vanessa Evans Cruz
    The Supreme Court ruled that Teodoro Cruz, who was born in the Philippines but lost his citizenship when he joined the US military, could still be considered a natural-born citizen after regaining his Philippine citizenship. While Cruz lost his citizenship under the law for serving in a foreign military, he subsequently reacquired it under the Citizenship Retention and Re-acquisition Act. The Court held that this act of reacquisition allowed Cruz to be restored to his prior status as a natural-born citizen, satisfying the constitutional requirement for members of the House of Representatives.

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    © All Rights Reserved
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    of 2

    ANTONIO BENGSON III, petitioner, vs.

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


    G.R. No. 142840 May 7, 2001
    FACTS:
    The citizenship of respondent Teodoro C. Cruz is at issue in this case, 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.”1
    Respondent Cruz was a natural-born citizen of the Philippines. He was born in San Clemente, Tarlac, on April 27, 1960, of
    Filipino parents. The fundamental law then applicable was the 1935 Constitution. 2
    On November 5, 1985, however, respondent Cruz enlisted in the United States Marine Corps and without the consent of the
    Republic of the Philippines, took an oath of allegiance to the United States. As a Consequence, he lost his Filipino
    citizenship.
    On March 17, 1994, respondent Cruz reacquired his Philippine citizenship through repatriation under Republic Act No.
    2630.3 He ran for and was elected as the Representative of the Second District of Pangasinan in the May 11, 1998
    elections. He won by a convincing margin of 26,671 votes over petitioner Antonio Bengson III, who was then running for
    reelection.
    Subsequently, 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. 4
    On March 2, 2000, the HRET rendered its decision5 dismissing the petition for quo warranto and declaring Cruz the duly
    elected Representative of the Second District of Pangasinan in the May 1998 elections. The HRET likewise denied
    petitioner’s motion for reconsideration of the decision in its resolution dated April 27, 2000. 6
    BENGSON HRET / CRUZ
    HRET committed serious errors and grave abuse contends that he reacquired his status as natural-born citizen when he
    of discretion, amounting to excess of jurisdiction, was repatriated since the phrase “from birth” in Article IV, Section 2
    when it ruled that private respondent is a refers to the innate, inherent and inborn characteristic of being a
    natural-born citizen of the Philippines despite the natural-born citizen.
    fact that he had ceased being such in view of the
    loss and renunciation of such citizenship on his
    part.

    HRET committed serious errors and grave abuse


    of discretion, amounting to excess of jurisdiction,
    when it considered private respondent as a
    citizen of the Philippines despite the fact he did
    not validly acquire his Philippine citizenship.

    HRET committed serious errors and grave abuse


    of discretion, amounting to excess of jurisdiction,
    when it dismissed the petition despite the fact
    that such reacquisition could not legally and
    constitutionally restore his natural-born status.7
    ISSUE HELD RATIO
    Whether or not Yes. Bengson’s contention As correctly explained by the HRET in its decision, the term “natural-
    respondent Cruz, a that Cruz is no longer a born citizen” was first defined in Article III, Section 4 of the 1973
    natural-born Filipino natural-born citizen since Constitution as follows:
    who became an he had to perform an act Sec. 4. A natural-born citizen is one who is a citizen of the
    American citizen, to regain his citizenship is Philippines from birth without having to perform any act to
    can still be untenable. acquire or perfect his Philippine citizenship.
    considered a In Cruz’s case, he lost his Filipino citizenship when he rendered service
    natural-born Filipino in the Armed Forces of the United States. However, he subsequently
    upon his reacquired Philippine citizenship under R.A. No. 2630. Under said law,
    reacquisition of repatriation results in the recovery of the original nationality. This
    Philippine means that a natural-born Filipino who lost his citizenship will be
    citizenship. restored to his prior status as a natural-born Filipino citizen.

    Commonwealth Act No. 63, section 1(4) a Filipino citizen may lose his citizenship by, among other, “rendering service
    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:
    (4) By rendering services to, or accepting commission in, the armed 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:
    (a) The Republic of the Philippines has a defensive and/or offensive pact of alliance with said foreign country; or
    (b) The said foreign country maintains armed forces on Philippine territory with the consent of the Republic of the
    Philippines: Provided, That the Filipino citizen concerned, at the time of rendering said service, or acceptance of said
    commission, and taking the oath of allegiance incident thereto, states that he does so only in connection with his service to
    said foreign country; And provided, finally, That any Filipino citizen who is rendering service to, or is commissioned in, the
    armed forces of a foreign country under any of the circumstances mentioned in paragraph (a) or (b), shall not be Republic
    of the Philippines during the period of his service to, or commission in, the armed forces of said country. Upon his discharge
    from the service of the said foreign country, he shall be automatically entitled to the full enjoyment of his civil and
    politically entitled to the full enjoyment of his civil political rights as a Filipino citizen

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