4/20/2021
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17, 1973, of Filipino mothers who, upon reaching the age of majority, elected Philippine
citizenship.[14]
The present Constitution, however, has expanded the scope of natural-born citizens to
include "[t]hose who elect Philippine citizenship in accordance with paragraph (3),
Section 1 hereof," meaning those covered under class (2) above. Consequently, only
naturalized Filipino citizens are not considered natural-born citizens. Premising
therefrom, respondent — being clearly and concededly not naturalized — is, therefore,
a natural-born citizen of the Philippines.[15]
With respect to repatriates, since the Constitution does not classify them separately,
they naturally reacquire their original classification before the loss of their Philippine
citizenship. In the case of Congressman Teodoro C. Cruz, upon his repatriation in 1994,
he reacquired his lost citizenship. In other words, he regained his original status as a
natural-born Filipino citizen, nothing less.
3. No Grave Abuse of Discretion on the Part of HRET
Third, the HRET did not abuse, much less gravely abused, its discretion in holding that
Respondent Cruz is a natural-born Filipino citizen who is qualified to be a member of
Congress. I stress that the Court, in this certiorari proceeding before us, is limited to
determining whether the HRET committed grave abuse of discretion amounting to lack
or excess of jurisdiction in issuing its assailed Decision. The Court has no power to
reverse or modify HRET's rulings, simply because it differs in its perception of
controversies. It cannot substitute its discretion for that of HRET, an independent,
constitutional body with its own specific mandate.
The Constitution explicitly states that the respective Electoral Tribunals of the two
chambers of Congress "shall be the sole judges of all contests relating to the election,
returns, and qualifications of their respective members."[16] In several cases,[17] this
Court has held that the power and the jurisdiction of the Electoral Tribunals are original
and exclusive, as if they remained in the legislature, a coequal branch of government.
Their judgments are beyond judicial interference, unless rendered without or in excess
of their jurisdiction or with grave abuse of discretion.[18] In the elegant words of Mr.
Justice Hugo E. Gutierrez, Jr.:[19]
"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 of
discretion so grave or glaring that no less than the Constitution calls for
remedial action."
True, there is no settled judicial doctrine on the exact effect of repatriation. But, as
earlier explained, the legal and common definition of repatriation is the reacquisition of
the former citizenship. How then can the HRET be rebuked with grave abuse of
discretion? At best, I can concede that the legal definition is not judicially settled or is
even doubtful. But an interpretation made in good faith and grounded on reason one
way or the other cannot be the source of grave abuse amounting to lack or excess of
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
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