4/20/2021
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The issue now before us is whether respondent Cruz, a natural-born Filipino who
became an American citizen, can still be considered a natural-born Filipino upon his
reacquisition of Philippine citizenship.
Petitioner asserts that respondent Cruz may no longer be considered a natural-born
Filipino since he lost his Philippine citizenship when he swore allegiance to the United
States in 1995, and had to reacquire the same by repatriation. He insists that Article IV,
Section 2 of the Constitution expressly states that natural-born citizens are those who
are citizens from birth without having to perform any act to acquire or perfect such
citizenship.
Respondent on the other hand contends that he reacquired his status as a natural-born
citizen when he was repatriated since the phrase "from birth" in Article IV, Section 2
refers to the innate, inherent and inborn characteristic of being a natural-born citizen.
The petition is without merit.
The 1987 Constitution enumerates who are Filipino citizens as follows:
(1) Those who are citizens of the Philippines at the time of the adoption of
this Constitution;
(2) Those whose fathers or mothers are citizens of the Philippines;
(3) Those born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority, and
(4) Those who are naturalized in accordance with law.[8]
There are two ways of acquiring citizenship: (1) by birth, and (2) by naturalization.
These ways of acquiring citizenship correspond to the two kinds of citizens: the naturalborn citizen, and the naturalized citizen. A person who at the time of his birth is a
citizen of a particular country, is a natural-born citizen thereof.[9]
As defined in the same Constitution, natural-born citizens "are those citizens of the
Philippines from birth without having to perform any act to acquire or perfect his
Philippine citizenship."[10]
On the other hand, naturalized citizens are those who have become Filipino citizens
through naturalization, generally under Commonwealth Act No. 473, otherwise known
as the Revised Naturalization Law, which repealed the former Naturalization Law (Act
No. 2927), and by Republic Act No. 530.[11] To be naturalized, an applicant has to
prove that he possesses all the qualifications[12] and none of the disqualifications[13]
provided by law to become a Filipino citizen. The decision granting Philippine citizenship
becomes executory only after two (2) years from its promulgation when the court is
satisfied that during the intervening period, the applicant has (1) not left the
Philippines; (2) has dedicated himself to a lawful calling or profession; (3) has not been
convicted of any offense or violation of Government promulgated rules; or (4)
committed any act prejudicial to the interest of the nation or contrary to any
Government announced policies.[14]
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
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