4/20/2021
E-Library - Information At Your Fingertips: Printer Friendly
Article VI of the Constitution which provides: "No person shall be a member of the
House of Representatives unless he is a natural-born citizen of the Philippines."
After oral arguments and the submission by the parties of their respective memoranda
and supplemental memoranda, the HRET rendered a decision holding that Cruz
reacquired his natural-born citizenship upon his repatriation in 1994 and declaring him
duly elected representative of the Second District of Pangasinan in the May 11, 1998
elections, thus:
"WHEREFORE, the petition for quo warranto is DISMISSED and Respondent
Teodoro C. Cruz is hereby DECLARED duly elected Representative of the
Second District of Pangasinan in the May 11, 1998 elections.
"As soon as this Decision becomes final and executory, let notices and copies
thereof be sent to the President of the Philippines; the House of
Representatives, through the Speaker, and the Commission on Audit,
through its Chairman, pursuant to Rule 76 of the 1998 Rules of the House of
Representatives Electoral Tribunal. Costs de oficio."
On March 13, 2000, Bengson filed a motion for reconsideration of the said Decision but
the same was denied by the HRET in Resolution No. 00-48.
Bengson now comes to us via a petition for certiorari assailing the HRET Decision on
grounds that:
"1. The HRET committed serious errors and grave abuse of discretion,
amounting to excess of jurisdiction, when it ruled that private respondent is
a natural-born citizen of the Philippines despite the fact that he had ceased
being such in view of the loss and renunciation of such citizenship on his
part.
"2. The HRET committed serious errors and grave abuse of discretion,
amounting to excess of jurisdiction, when it considered private respondent
as a citizen of the Philippines despite the fact that he did not validly acquire
his Philippine citizenship.
"3. Assuming that private respondent's acquisition of Philippine citizenship
was invalid, the HRET committed serious errors and grave abuse of
discretion, amounting to excess of jurisdiction, when it dismissed the
petition despite the fact that such reacquisition could not legally and
constitutionally restore his natural-born status."
The sole issue raised in this petition is whether or not respondent Cruz was a naturalborn citizen of the Philippines at the time of the filing of his Certificate of Candidacy for
a seat in the House of Representatives.
Section 2, Article IV of the Constitution[1] provides:
"Sec. 2. Natural-born citizens are those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their
Philippine citizenship. xxx."
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58613
18/25