ANTONIO BENSON III VS. HRET AND TEODORO CRUZ

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ANTONIO BENSON III VS. HRET AND TEODORO CRUZ. G.R. NO. 142840. MAY 7, 2001. Political Law 1

FACTS:


Respondent Cruz was a natural born Filipino citizen and of Filipino parents. The fundamental law then applicable is 1935 Constitution.

In 1985, Cruz enlisted in the U.S Marine Corps and without consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Philippine Citizenship for rendering service or accepting commission in the Armed Forces of Foreign Country. In 1994, Cruz reacquired his Philippine citizenship through repatriation under R.A. 2630. He ran and elected as the Representative of the Second District of Pangasinan in 1998 elections. Petitioner filed a petition for qou warranto contending that as Cruz only reacquire his Philippine citizenship, he is not a Filipino natural born citizen.

ISSUE:

Whether Cruz, a natural born Filipino citizen who became an American citizen, can still be considered natural born upon his re-acquisition of his Philippine citizenship.

HELD: 

Yes. Repatriation results in recovery of the original nationality. This means that a naturalized Filipino who lost his citizenship will be restored of his Philippine citizenship when he subsequently reacquired Philippine citizenship under R.A. No 2630. Having thus taken the required oath of allegiance to the Republic of the Philippines and having registered the same in the Civil Registry of Pangasinan in accordance with the afore-cited provision, respondent Cruz is deemed to have recovered his original status as natural born Filipino citizen, a status which acquired at birth as the son of a Filipino father. The act of repatriation allows him to recover, for return to his original status when he lost his Philippine Citizenship. Petition dismissed.

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