Lewis et al v.

COMELEC

FACTS:

Petitioners are 'dual citizens' who retained/reacquired Philippine citizenship under RA 9225 known as the
"Citizenship Retention and Re-acquisition Act of 2003 and they prayed that they be allowed to avail
themselves of the mechanism provided under the Overseas Absentee Voting Act of 2003 (RA 9189) to
vote and register as absentee voters.

They had been availing their right to suffrage long before the May 2004 national and local elections
wherein they sought registrations and certifications as "overseas absentee voters" only to be denied by
the COMELEC stating that Duals have yet no right to vote in such elections owing to their lack of the one-
year residence requirement under the Constitution.

It further contends that 'duals' renounced their Filipino citizenship, abandoned their domicile, and
severed their legal ties to the homeland as a consequence and for them to exercise the right to vote, they
must possess the qualifications provided for by Sec. 1, Article V of the Constitution.

ISSUE:

W/n Petitioners after through RA 9225 can exercise their right to suffrage under RA 9189.

HELD:

Yes. RA 9225 implicitly acknowledged 'duals' as more likely 'non-residents' wherein the latter is granted
under Sec 5 (1) the right to suffrage as that granted an absentee voter under RA 9189.

Furthermore, those who retained/reacquired their citizenship under RA 9225 shall enjoy full civil and
political rights are already granted by Section 2 Article V of the Constitution providing the exception to
the residency requirement which was later strengthened under RA 9189.

RA 9189 allows immigrants and permanent residents abroad to register as voter for as long as he/she
executes an affidavit to show that he/she has not abandoned his domicile in pursuance of the
Constitutional intent expressed in Sections 1 Article V of the Constitution and Section 2 same article- that
which later became RA 9189.

'Duals' may now exercise the right of Suffrage through the absentee voting scheme and as overseas
absentee voters defined in RA 9189.