NICOLAS LEWIS VS.

COMELEC 497 SCRA 649

FACT

On September 23, 2003, the Commission on Elections (COMELEC) notified the

Department of Foreign affairs (DFA) on the “overseas absentee voting” mechanics. Upon
notice, the petitioners, who are of dual citizenship, were prescribed to get registered and
certified because they could not yet vote in the election due to their unmet one-year residency
requirement. Hence, they were refused by the COMELEC to get listed in the National
Registry of Absentee Voters which prohibits them from exercising their right to suffrage in
the May 2004 elections

ISSUE
Whether or not dual citizens may exercise their right to suffrage as absentee voters
even short of 1-year residency requirement.

RULING

Yes. There is no provision in the RA 9225 requiring dual citizens 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.

SECTION 1. Suffrage may be exercised by all citizens of the Philippines not

otherwise disqualified by law, who are at least eighteen years of age, and who shall have
resided in the Philippines for at least one year and in the place wherein they propose to vote
for at least six months immediately preceding the election.