Bengson III v HRET

G.R. No. 142840 – May 7, 2001

J. Kapunan

Digest Author: Kristine Nicole Manabat

Topic: Citizenship
Complete Title: Antonio Bengson III, petitioner vs House of Representatives Electoral Tribunal and
Teodoro C. Cruz, respondents
Petitioner: Antonio Bengson III
Respondents: HRET, Teodoro Cruz

FACTS:
 Cruz (respondent) was a natural-born citizen of the Philippines. He was born in San Clemente, Tarlac on
April 27, 1960 of Filipino parents (Fundamental law applicable: 1935 Constitution)
 November 5, 1985, Cruz enlisted in US Marine Corps and took an oath of allegiance to US (without
consent of the Republic of the Philippines)
 He lost his Filipino citizenship under Commonwealth Act No 63 Section 1(4)
A Filipino citizen may lose citizenship by, among others “rendering services to or accepting
commission in the armed forces of a foreign country”
 June 5, 1990, doubt regarding his loss Philippine citizenship was erased by his naturalization as US citizen
 March 17, 1994, Cruz reacquired his Philippine citizenship thru repatriation under RA No 2630
 May 11, 1998, he ran for and was elected as Representative of the 2nd District of Pangasinan. He won by
a convincing margin of 26,671 votes over Bengson III (petitioner) who was running for reelection
 Bengson III filed a case for Quo Warranto Ad Cautelam with the HRET claiming that Cruz was not
qualified to become a member of the House of Representatives since he is not a natural-born citizen as
required under Art 6 Sec 6 of the Constitution
 March 2, 2000, HRET dismissed the petition and declared Cruz the duly elected Representative of 2 nd
District of Pangasinan.
 April 27, 2000, HRET denied petitioner’s motion for reconsideration
 Petitioner filed petition for certiorari

ISSUES + HELD:
1. W/N Cruz, a natural-born Filipino who became an American citizen, can still be considered a natural-
born Filipino upon his reacquisition of Philippine citizenship – YES
- 3 modes by which Philippine citizenship may be reacquired by a former citizen: by naturalization,
by repatriation, by direct act of Congress
- Repatriation for those who lost citizenship due to desertion of armed forces, service in the armed
forces of the allied forces in WWII, service in the armed forces of the US at any other time,
marriage of a Filipino woman to an alien
- Repatriation simply consists of taking of an oath of allegiance to the Republic of the Philippines and
registering said oath in the Local Civil Registry of the place where the person concerned resides or
last resided
- Repatriation results in recovery of the original nationality (he will be restored to his former status
as a natural-born Filipino)
- Cruz had taken the required oath of allegiance and registered the same in the Civil Registry of
Magantarem, Pangasinan (he possessed all the necessary qualifications to be elected as member of
the House of Representatives)
SC: HRET has been empowered by Consti to be the “sole judge” of all contests relating to election, returns, and
qualifications of the members of House. The Court’s jurisdiction over HRET is merely to check grave abuse of
discretion (There is no such showing of grave abuse of discretion in this case)
RULING: Petition dismissed