Loida Nicolas – Lewis, et. al v.

COMELEC
G.R. No.: 162759
August 4, 2006
EN BANC
Ponente: Garcia, J.

FACTS:

Petitioners referring themselves as “duals” or dual citizens, are successful

applicants for recognition of Philippine Citizenship under R.A. 9225, filed a petition for
certiorari and mandamus to avail themselves of the right to vote under the mechanism
of the R.A. 9189 or the Overseas Absentee Voting Act of 2003 long before the May
2004 national and local election.

Petitioners sought registration and certification as “overseas absentee voter”,

however, they were advised by the Philippine Embassy in the United States that per a
COMELEC letter to the Department of Foreign Affairs dated September 23, 2003 stating
that they have yet no right to vote in such election due to their lack of the one (1) year
residence requirement prescribed by the Constitution under Section 1, Article V.

ISSUE:

Whether or not the individuals who re-acquired or retained their citizenship

under R.A. 9225 may vote as absentee voter under R.A 9189.

RULING:

The court ruled Yes. The duals who reacquired or retained their citizenship under
R.A. 9225 may vote as absentee voter under R.A. 9189.

1. Section 1 Article V of the Constitution prescribes the residency requirement for

the right to vote and Section 2 authorizes the Congress to devise a system of absentee
voting, implying that a non-resident may, as an exception to the residency prescription,
be allowed to vote.

2. There is no provision in R.A. 9189 that duals must establish residence and
physical stay in the Philippines before they can vote. On the contrary, R.A. 9225
implicitly acknowledges duals as non- residents. The R.A. 9225 aims to enfranchise as
much overseas Filipinos as possible.