Nicolas-Lewis v. Commission on Elections
REITERATIONFacts
1. The Antecedents: Petitioners, who are dual citizens, sought to exercise their right of suffrage as overseas absentee voters. They had reacquired or retained their Philippine citizenship under Republic Act (R.A.) No. 9225, the Citizenship Retention and Re Acquisition Act of 2003. However, the Commission on Elections (COMELEC) advised them that they could not avail themselves of the Overseas Absentee Voting Act of 2003 (R.A. 9189) due to their failure to meet the constitutional one-year residency requirement in the Philippines. 2. Procedural History: The petitioners, after being denied registration as overseas absentee voters by the Philippine Embassy in the United States based on a COMELEC letter, sought clarification. The COMELEC reiterated its position that while R.A. 9225 is constitutional, those who reacquired citizenship under it could not vote as absentee voters because R.A. 9189 was not enacted for them, and they needed to meet the constitutional residency requirements. Consequently, the petitioners filed a petition for certiorari and mandamus with the Supreme Court. The COMELEC filed a comment praying for the denial of the petition. The Office of the Solicitor General later filed a manifestation stating that qualified overseas Filipinos, including dual citizens, may vote, but noted that the 2004 elections had rendered the petition moot regarding their participation in that specific election. 3. The Petition: The petitioners filed a petition for certiorari and mandamus, asking the Supreme Court to allow them and other dual citizens, who retained or reacquired Philippine citizenship under R.A. 9225, to vote as overseas absentee voters under R.A. 9189. They argued that R.A. 9225, in conjunction with R.A. 9189 and the constitutional provision for absentee voting, should permit them to exercise their right of suffrage without being subject to the strict one-year residency requirement applicable to regular voters. The core of their petition was to resolve the broader issue of whether dual citizens are eligible to vote as absentee voters in future elections.
Issue(s)
Whether petitioners and others who retained or reacquired Philippine citizenship pursuant to R.A. 9225 may vote as absentee voters under R.A. 9189. Whether the residency requirement under Section 1, Article V of the Constitution applies to dual citizens availing themselves of absentee voting under R.A. 9189.
Ruling
The petition is GRANTED. The Court rules and so holds that those who retain or re-acquire Philippine citizenship under Republic Act No. 9225, the Citizenship Retention and Re-Acquisition Act of 2003, may exercise the right to vote under the system of absentee voting in Republic Act No. 9189, the Overseas Absentee Voting Act of 2003.
Ratio Decidendi
On the issue of whether dual citizens may vote as absentee voters under R.A. 9189: The Court ruled in the affirmative. It held that R.A. 9225, the Citizenship Retention and Re-Acquisition Act, implicitly acknowledges that those who retain or reacquire Philippine citizenship are likely non-residents. Section 5(1) of R.A. 9225 grants them the right to vote, subject to the requirements of Section 1, Article V of the Constitution, R.A. 9189, and other existing laws. The Court emphasized that R.A. 9189 aims to enfranchise as many overseas Filipinos as possible, and the strategic placement of Section 2 of Article V of the Constitution, which mandates a system for absentee voting, immediately after the residency requirement in Section 1, indicates that it serves as an exception to the actual residency requirement for qualified Filipinos abroad. The Court found no provision in R.A. 9225 requiring dual citizens to establish residence and physically stay in the Philippines before exercising their right to vote. On the applicability of the residency requirement under Section 1, Article V of the Constitution: The Court clarified that while Section 1 of Article V of the Constitution generally prescribes a residency requirement for suffrage, Section 2 of the same Article authorizes Congress to provide a system for absentee voting by qualified Filipinos abroad. This provision for absentee voting is an exception to the general residency rule. The Court, referencing the deliberations of the Constitutional Commission and the legislative debates on R.A. 9189, underscored that the intent was to allow qualified Filipinos abroad to vote even if they do not physically reside in the Philippines, interpreting "residency" in this context as synonymous with "domicile," which includes the intent to return. Therefore, dual citizens who meet the qualifications under R.A. 9189 are not disqualified by the residency requirement of Section 1, Article V of the Constitution, as they fall under the exception provided by Section 2 of the same Article.
Main Doctrine
Citizens who retain or re-acquire Philippine citizenship under Republic Act No. 9225 may exercise the right to vote under the system of absentee voting as provided in Republic Act No. 9189.