4/20/2021
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acts to become a citizen.
As expressed in the Dissent of Justice Jose C. Vitug[7] in the instant case, concurred in
by Justice Jose A.R. Melo:[8]
"Repatriation is the resumption or recovery of the original nationality upon
the fulfillment of certain conditions. While an applicant need not have to
undergo the tedious and time consuming process required by the Revised
Naturalization Law (CA 473, as amended), he, nevertheless, would still have
to make an express and unequivocal act of formally rejecting his adopted
state and reaffirming his total and exclusive allegiance and loyalty to the
Republic of the Philippines. It bears emphasis that, to be considered a
natural-born citizen under the first part of Section 2, Article IV, of the 1987
Constitution, one should not have to perform any act at all or go through
any process, judicial or administrative, to enable him to reacquire his
citizenship. Willoughby opines that a natural-born citizen is one who is able
to claim citizenship without any prior declaration on his part of a desire to
obtain such status. Under this view, the term 'natural born' citizens could
also cover those who have been collectively deemed citizens by reason of
the Treaty of Paris and the Philippine Bill of 1902 and those who have been
accorded by the 1935 Constitution to be Filipino citizens (those born in the
Philippines of alien parents who, before the adoption of the 1935
Constitution had been elected to public office.)"
The two dissenting Justices correctly stated that the "stringent requirement of the
Constitution is so placed as to insure that only Filipino citizens with an absolute and
permanent degree of allegiance and loyalty shall be eligible for membership in
Congress, the branch of the government directly involved and given the delicate task of
legislation."
The dissenting opinion further states:
"The term 'natural-born' Filipino citizen, first constitutionally defined in the
1973 Charter, later adopted by the 1987 Constitution, particularly in Section
2, Article IV thereof, is meant to refer to those 'who are citizens of the
Philippines from birth without having to perform any act to acquire or
perfect their citizenship,' and to those 'who elect Philippine citizenship.' Time
and again, the Supreme Court has declared that where the law speaks in
clear and categorical language, there is no room for interpretation,
vacillation or equivocation – there is only room for application. The phrase
'from birth' indicates that there is a starting point of his citizenship and this
citizenship should be continuous, constant and without interruption."
Thus, respondent is not eligible for election to Congress as the Constitution requires
that a member of the House of Representatives must be a "natural-born citizen of the
Philippines."
For sure, the framers of our Constitution intended to provide a more stringent
citizenship requirement for higher elective offices, including that of the office of a
Congressman. Otherwise, the Constitution should have simply provided that a
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
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