4/20/2021
E-Library - Information At Your Fingertips: Printer Friendly
[31] Id
CONCURRING OPINION
PANGANIBAN, J.:
I concur in the ponencia of Mr. Justice Santiago M. Kapunan, holding that the House
Electoral Tribunal did not gravely abuse its discretion in ruling that Private Respondent
Teodoro C. Cruz remains a natural-born Filipino citizen and is eligible to continue being
a member of Congress. Let me just add a few points.
The Facts in Brief
It is undisputed that Congressman Cruz was born on April 27, 1960 in San Clemente,
Tarlac, to Filipino parents. He was, therefore, a Filipino citizen, pursuant to Section 1
(2),[1] Article IV of the Constitution. Furthermore, not having done any act to
acquire or perfect the Philippine citizenship he obtained from birth, he was a
natural-born Filipino citizen, in accordance with Section 2[2] of the same
Article IV.
It is not disputed either that private respondent rendered military service to the United
States Marine Corps from November 1985 to October 1993. On June 5, 1990, he was
naturalized as an American citizen, in connection with his US military service.
Consequently, under Section 1 (4)[3] of CA No. 63, he lost his Philippine citizenship.
Upon his discharge from the US Marine Corps, private respondent returned to the
Philippines and decided to regain his Filipino citizenship. Thus, on March 17, 1994,
availing himself of the benefits of Republic Act (RA) No. 2630, entitled "An Act Providing
for Reacquisition of Philippine Citizenship by Persons Who Lost Such by Rendering
Service to, or Accepting Commission in, the Armed Forces of the United States,"[4] Cruz
took his oath of allegiance to the Republic and registered the same with the Local Civil
Registry of Mangatarem, Pangasinan. On the same day, he also executed an Affidavit of
Reacquisition of Philippine Citizenship.
Main Issue
The main question here is: Did the House of Representatives Electoral Tribunal (HRET)
commit grave abuse of discretion in holding that, by reason of his repatriation,
Congressman Teodoro C. Cruz had reverted to his original status as a natural-born
citizen? I respectfully submit that the answer is "No." In fact, I believe that the HRET
was correct in its ruling.
1. Repatriation Is Recovery of Original Citizenship
First, repatriation is simply the recovery of original citizenship. Under Section 1 of RA
2630, a person "who ha[s] lost his citizenship" may "reacquire" it by "taking an oath of
allegiance to the Republic of the Philippines." Former Senate President Jovito R.
Salonga, a noted authority on the subject, explains this method more precisely in his
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
10/25