Nicolas-Lewis, et al vs.

Comelec

G.R. No. 162759 August 4, 2006

Facts: 

Petitioners were dual citizens by virtue of RA 9225. Petitioners sought to avail their right of suffrage
under RA 9189 or the  Overseas Absentee Voting Act of 2003. Comelec, however, did not allow
petitioners to vote in the 2004 election, reasoning the petitioners field to comply with the requirement
of 1-year residency prior the elections as provided for under Article 5, Sec 1 of the Constitution.

Issue:

Whether or not petitioners may participate in the election sans the compliance of the 1 year residency.

Ruling: 

Yes. There is no provision in the RA 9225 requiring duals to actually establish residence and physically
stay in the Philippines first before they can exercise their right to vote. Congress enacted RA 9189
pursuant to Sections 1 and 2 of  Article V of the Constitution, identifying in its Section 4 of the said Act
who can vote under it, among others, are Filipino immigrants and permanent residents in another
country opens an exception and qualifies the disqualification rule under the Section 5(d) of the same
Act.

By applying the doctrine of necessary implication, Constitutional Commission provided for an exception
to actual residency requirement of Section 1, Article 5 of 1987 Constitution, with respect to qualified
Filipinos abroad. Filipino immigrants and permanent residents in another country may be allowed to
vote even though they do not fulfill the residency requirement of  said Sec 1 Art V of the Constitution.