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treatise, Private International Law.[5] He defines repatriation as "the recovery of the
original nationality upon fulfillment of certain conditions."[6] Webster buttresses this
definition by describing the ordinary or common usage of repatriate, as "to restore or
return to one's country of origin, allegiance, or citizenship; x x x."[7] In relation to our
subject matter, repatriation, then, means restoration of citizenship. It is not a grant of
a new citizenship, but a recovery of one's former or original citizenship.
To "reacquire" simply means "to get back as one's own again."[8] Ergo, since Cruz,
prior to his becoming a US citizen, was a natural-born Filipino citizen, he "reacquired"
the same status upon repatriation. To rule otherwise – that Cruz became a non-naturalborn citizen – would not be consistent with the legal and ordinary meaning of
repatriation. It would be akin to naturalization, which is the acquisition of a new
citizenship. "New," because it is not the same as that with which he has previously
been endowed.
In any case, "the leaning, in questions of citizenship, should always be in favor of [its]
claimant x x x."[9] Accordingly, the same should be construed in favor of private
respondent, who claims to be a natural-born citizen.
1. Not Being Naturalized, Respondent Is Natural Born
Second, under the present Constitution, private respondent should be deemed naturalborn, because was not naturalized. Let me explain.
There are generally two classes of citizens: (1) natural-born citizens and (2) naturalized
citizens.[10] While CA 63 provides that citizenship may also be acquired by direct act of
the Legislature, I believe that those who do become citizens through such procedure
would properly fall under the second category (naturalized).[11]
Naturalized citizens are former aliens or foreigners who had to undergo a rigid
procedure, in which they had to adduce sufficient evidence to prove that they
possessed all the qualifications and none of the disqualifications provided by law in
order to become Filipino citizens. In contrast, as stated in the early case Roa v.
Collector of Customs,[12] a natural-born citizen is a citizen "who has become such at
the moment of his birth."
The assailed HRET Decision, penned by Mr. Justice Vicente V. Mendoza, explains clearly
who are considered natural-born Filipino citizens. He traces the concept as first defined
in Article III of the 1973 Constitution, which simply provided 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."
Under the above definition, there are two requisites in order that a Filipino citizen may
be considered "natural-born": (1) one must be a citizen of the Philippines from birth,
and (2) one does not have to do anything to acquire or perfect one's Philippine
citizenship.[13] Thus, under the 1973 Constitution, excluded from the class of "naturalborn citizens" were (1) those who were naturalized and (2) those born before January
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
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