4/20/2021
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resided in the Philippines. The said oath of allegiance shall contain a
renunciation of any other citizenship.
Having thus taken the required oath of allegiance to the Republic and having registered
the same in the Civil Registry of Magantarem, Pangasinan in accordance with the
aforecited provision, respondent Cruz is deemed to have recovered his original status
as a natural-born citizen, a status which he acquired at birth as the son of a Filipino
father.[27] It bears stressing that the act of repatriation allows him to recover, or return
to, his original status before he lost his Philippine citizenship.
Petitioner's contention that respondent Cruz is no longer a natural-born citizen since he
had to perform an act to regain his citizenship is untenable. As correctly explained by
the HRET in its decision, the term "natural-born citizen" was first defined in Article III,
Section 4 of the 1973 Constitution as follows:
Sec. 4. A natural-born citizen is one who is a citizen of the Philippines from
birth without having to perform any act to acquire or perfect his Philippine
citizenship.
Two requisites must concur for a person to be considered as such: (1) a person must
be a Filipino citizen from birth and (2) he does not have to perform any act to obtain or
perfect his Philippine citizenship.
Under the 1973 Constitution definition, there were two categories of Filipino citizens
which were not considered natural-born: (1) those who were naturalized and (2) those
born before January 17, 1973,[28] of Filipino mothers who, upon reaching the age of
majority, elected Philippine citizenship. Those "naturalized citizens" were not considered
natural-born obviously because they were not Filipinos at birth and had to perform an
act to acquire Philippine citizenship. Those born of Filipino mothers before the
effectivity of the 1973 Constitution were likewise not considered natural-born because
they also had to perform an act to perfect their Philippine citizenship.
The present Constitution, however, now considers those born of Filipino mothers before
the effectivity of the 1973 Constitution and who elected Philippine citizenship upon
reaching the majority age as natural-born. After defining who are natural-born citizens,
Section 2 of Article IV adds a sentence: "Those who elect Philippine citizenship in
accordance with paragraph (3), Section 1 hereof shall be deemed natural-born
citizens." Consequently, only naturalized Filipinos are considered not natural-born
citizens. It is apparent from the enumeration of who are citizens under the present
Constitution that there are only two classes of citizens: (1) those who are natural-born
and (2) those who are naturalized in accordance with law. A citizen who is not a
naturalized Filipino, i.e., did not have to undergo the process of naturalization to obtain
Philippine citizenship, necessarily is a natural-born Filipino. Noteworthy is the absence
in said enumeration of a separate category for persons who, after losing Philippine
citizenship, subsequently reacquire it. The reason therefor is clear: as to such persons,
they would either be natural-born or naturalized depending on the reasons for the loss
of their citizenship and the mode prescribed by the applicable law for the reacquisition
thereof. As respondent Cruz was not required by law to go through naturalization
proceedings in order to reacquire his citizenship, he is perforce a natural-born Filipino.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
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