Professional Documents
Culture Documents
*
G.R. No. 142840. May 7, 2001.
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* EN BANC.
546
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548
KAPUNAN, J.:
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549
xxx
(4) By rendering services to, or accepting commission in, the armed
forces 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 hereto, 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:
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1) Those who are citizens of the Philippine Islands at the time of the
adoption of the Constitution;
2) Those born in the Philippine Islands of foreign parents who, before the
adoption of this Constitution had been elected to public office in the
Philippine Islands;
3) Those whose fathers are citizens of the Philippines;
4) Those whose mothers are citizens of the Philippines and, upon reaching
the age of majority, elected Philippine citizenship; and
5) Those who are naturalized in accordance with law.
550
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551
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5 Rollo, p. 36.
6 Id., at 69.
7 Id., at 13.
552
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553
applicant has 12
to prove that he possesses13 all the
qualifications and none of the disqualifications provided
by law to become a Filipino
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(a) He must be not less than 21 years of age on the day of the hearing
of the petition;
(b) He must have resided in the Philippines for a continuous period
of not less than ten years;
(c) He must be of good moral character and believes in the principle
underlying the Philippine Constitution, and must have conducted
himself in a proper and irreproachable manner during the entire
period of his residence in the Philippines in his relation with the
constituted government and as well as with the community in
which he is living;
(d) He must own real estate in the Philippines worth not less than
five thousand pesos, Philippine currency, or must have some
known lucrative trade, profession, or lawful occupation;
(e) He must be able to speak and write English or Spanish and any
of the principal languages; and
(f) He must have enrolled his minor children of school age, in any of
the public schools or private schools recognized by the Bureau of
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554
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15
repatriation, and (3) by direct act of Congress.
Naturalization is a mode for both acquisition and
reacquisition of Philippine citizenship. As a mode of
initially acquiring Philippine citizenship, naturalization is
governed by Commonwealth Act No. 473, as amended. On
the other hand, naturalization as a mode for reacquiring
Philippine
16
citizenship is governed by Commonwealth Act
No. 63. Under this law, a former Filipino citizen who
wishes to reacquire Philippine citizenship must possess
certain
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555
17
qualifications and none 18
of the disqualifications mentioned
in Section 4 of CA. 473.
Repatriation, on the other hand, may be had under
various statutes by those who lost 19
their citizenship due to:
(1) desertion of the armed forces; (2) service 20
in the armed
forces of the allied forces in World War II; (3) service in
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21
the Armed Forces of the United States at any other 22
time;
(4) marriage of a Filipino woman 23
to an alien; and (5)
political and economic necessity.
As distinguished from the lengthy process of
naturalization, repatriation simply consists of the 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
24
resides or last resided.
In Angat v. Republic, we held:
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556
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Moreover, repatriation26
results in the recovery of the
original nationality. This means that a naturalized
Filipino who lost his citizenship will be restored to his prior
status as a naturalized Filipino citizen. On the other hand,
if he was originally a naturalborn citizen before he lost his
Philippine citizenship, he will be restored to his former
status as a natural-born Filipino.
In respondent Cruzs case, he lost his Filipino
citizenship when he rendered service in the Armed Forces
of the United States. However, he subsequently reacquired
Philippine citizenship under RA. No. 2630, which provides:
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25 Id., at 450.
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557
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558
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Sec. 17. The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests relating to the
election, returns, and qualifications of their respective Members. Each
Electoral Tribunal shall be composed of nine Members, three of whom shall be
Justices of the Supreme Court to be designated by the Chief Justice, and the
remaining six shall be Members of the Senate or the House of Representatives,
as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations
registered under the party-list system represented therein. The senior Justice
in the Electoral Tribunal shall be its Chairman.
559
31
rectness of the assailed decision. There is no such showing
of grave abuse of discretion in this case.
WHEREFORE, the petition is hereby DISMISSED.
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opinion of J. Panganiban.
Gonzaga-Reyes, J., I also join concurring opinion of
J. Panganiban.
Ynares-Santiago, J., I hereby certify that J.
Santiago favors with the majority opinion of J. Kapunan.
Sandoval-Gutierrez, J., I dissent. Please see my
Dissenting Opinion.
CONCURRING OPINION
PANGANIBAN, J.:
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31 Id.
560
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2 Sec 2. Natural-born citizens are those who are citizens from birth
without having to perform any act to acquire or perfect their Philippine
citizenship, x x x.
3 Section 1. How citizenship may be lost.A Filipino citizen may lose
his citizenship in any of the following ways and/or events:
xxx xxx x x x
(4) By rendering services to, or accepting commission in, the armed forces of
a foreign country: x x x.
Sec 1. Any person who had lost his Philippine citizenship by rendering service
to, or accepting commission in, the Armed
561
the Republic and registered the same with the Local Civil
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Main Issue
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Forces of the United States, or after separation from the Armed Forces of the
United States, acquired U.S. citizenship, may reacquire Philippine citizenship
by taking an oath of allegiance to the Republic of the Philippines and
registering the same with the Local Civil Registry in the place where he resides
or last resided in the Philippines. The said oath of allegiance shall contain a
renunciation of any other citizenship.
5 1995 ed.
6 Ibid., p. 165; cited in the assailed HRET Decision, p. 13. (Italics
ours.)
7 Websters Third New International Dictionary: Unabridged, 1993 ed.
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12 Supra.
13 Assailed Decision, p. 8.
14 Ibid.
15 Ibid., p. 9.
564
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The Court does not venture into the perilous area of trying to
correct perceived errors of independent branches of the
Government. It comes in only when it has to vindicate a denial of
due process or correct an abuse
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565
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566
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568
DISSENTING OPINION
SANDOVAL-GUTIERREZ, J.:
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569
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570
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571
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573
lands in3
our law is found in Section 4 of the Philippine Bill
of 1902.
Philippine citizenship, including the status of natural-
born, was initially a loose or even non-existent
qualification. As a requirement for the exercise of certain
rights and privileges, it became a more strict and difficult
status to achieve with the passing of the years.
Early decisions of the Supreme Court held that
Philippine citizenship could be 4acquired under either the
jus sanguinis or jus soli doctrine.
This liberal policy was applied even as the Philippine
Bill of 1902 and the Jones Law or the Philippine Autonomy
Act of 1916 appear to have limited citizens of the
Philippine Islands to resident inhabitants who were
Spanish subjects on April 11, 1899, their children born
subsequent thereto, and later, those naturalized according
to law by the Philippine legislature. Only later was jus
sanguinis firmly applied and jus soli abandoned.
Hence, the status of being a natural-born citizen at its
incipient is a privilege conferred by law directly to those
who intended, and actually continued, to belong to the
Philippine Islands. Even at the time of its conception in the
Philippines, such persons upon whom citizenship was
conferred did5
not have to do anything to acquire full
citizenship.
Respondent wants us to believe that since he was
natural-born Filipino at birth, having been born in the
Philippines to Filipino
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(1) Those who are citizens of the Philippines at the time of the
adoption of this Constitution;
(2) Those whose fathers or mothers are citizens of the
Philippines;
(3) Those born before January 17, 1973, of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
majority; and
(4) Those who are naturalized in accordance with law.
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576
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578
11 12
be elected to the National Assembly. Only in 1940, when
the first Constitution was amended did natural-born
citizenship become a requirement for Senators 13
and
Members of the House of Representatives. A Filipino
naturalized for at least five (5) years could still be
appointed Justice
14
of the Supreme Court or a Judge of a
lower court.
The history of the Constitution shows that the meaning
and application of the requirement of being natural-born
have become more narrow and qualified
15
over the years.
Under the 1973 Constitution, the President, members
of the National Assembly, Prime Minister, Justices of the
Supreme Court, Judges of inferior courts, the chairmen and
members of the Constitutional Commissions and the
majority16of members of the cabinet, must be natural-born
citizens. The 1987 Constitution added the Ombudsman
and his deputies and the members of the Commission on
Human 17Rights to those who must be natural-born
citizens.
The questioned Decision of respondent HRET reverses
the historical trend and clear intendment of the
Constitution. It shows a more liberal, if not a cavalier
approach to the meaning and import of natural-born citizen
and citizenship in general.
It bears stressing that we are tracing and enforcing a
doctrine embodied in no less than the Constitution. Indeed,
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579
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o0o
580
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