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409 Phil. 633
EN BANC
[ G.R. No. 142840, May 07, 2001 ]
ANTONIO BENGSON III, PETITIONER, VS. HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND TEODORO C. CRUZ,
RESPONDENTS.
DECISION
KAPUNAN, J.:
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
Representatives 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 for
under Commonwealth Act No. 63, Section 1(4), a Filipino citizen may lose his
citizenship by, among others, "rendering service to or accepting commission in the
armed forces of a foreign country." Said provision of law reads:
Section 1. How citizenship may be lost. — A Filipino citizen may lose his
citizenship in any of the following ways and/or events:
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xxx
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(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 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
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