G.R. No. 132244, 14 September 1999 [Naturalization; Reacquisition; RA No. 8171]
FACTS:
Gerardo Angat, a natural born Filipino citizen, asked to regain his status as a Philippine citizen before the RTC Marikina. RTC allowed him to take his Oath of Allegiance on October 3, 1996 and the following day, the RTC declared him as citizen of the Philippines pursuant to R.A. No. 8171.
OSG filed a Manifestation and Motion in March 1997, asserting that the petition should have been dismissed by the court for lack of jurisdiction.
ISSUE:
Whether or not the RTC has jurisdiction in deciding over repatriation case.
RULING:
No. A petition for repatriation should be filed with the Special Committee on Naturalization and not with the RTC which has no jurisdiction.Therefore, the court's order was null and void.
RA No. 8171, which has lapsed into law on October 23 1995, is an act providing for repatriation of Filipino women who have lost their Philippine citizenship by marriage to aliens and of natural-born Filipinos who have lost the Philippine citizenship on account of political or economic necessity.
Moreover, petitioner was incorrect when he initially invoked RA 965 and RA 2630, since these laws could only apply to persons who had lost their Philippine citizenship by rendering service to, or accepting commission in, the armed forces of an allied country or the armed forces of the US, a factual matter not alleged in his petition. Parenthetically, under these statutes, the person desiring to reacquire his Philippine citizenship would not even required to file a petition in court; all he had to do is to take an Oath of Allegiance to the Republic of the Philippines and to register the said oath with the proper civil registry.
