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Bengson V House of Representatives Electoral Tribunal G.R. No 142840, May 7, 2001

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Bengson v House of Representatives Electoral Tribunal

G.R. No 142840, May 7, 2001

Facts:
The citizenship of Teodoro Cruz, a member of the HOR, is being questioned on the ground that
he is not a natural-born citizen of the Philippines.

Cruz was born in the Philippines in 1960, the time when the acquisition of citizenship rule was
still jus soli. However, he enlisted to the US Marine Corps and he was naturalized as US citizen
in connection therewith. He reacquired Philippine citizenship through repatriation under RA
2630 and ran for and was elected as a representative. When his nationality was questioned by
petitioner, the HRET decided that Cruz was a natural born citizen of the Philippines.

Issue:
Whether or not Cruz is a natural born citizen of the Philippines.

Held:
YES. Natural-born citizens "are those citizens of the Philippines from birth without having to
perform any act to acquire or perfect his Philippine citezenship." On the other hand, naturalized
citizens are those who have become Filipino citizens through naturalization, generally under
Commonwealth Act No. 473, otherwise known as the Revised Naturalization Law, which
repealed the former Naturalization Law (Act No. 2927), and by Republic Act No. 530.11 To be
naturalized, an applicant has to prove that he possesses all the qualifications12 and none of the
disqualification.

Filipino citizens who have lost their citizenship may however 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.

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