Mendoza, Juris Renier C.

LLB 2 7:00PM-9:00PM TH/8:00-900PM FR

Administrative Law, Election Law, Atty. Gonzalo D. Malig-on Jr.
and Law on Public Officers

Topic: Residency Requirement

Title: Loida Nicolas-Lewis, et al. vs. COMELEC
Citation: G.R. No. 162759, August 4, 2006

FACTS:
Petitioners, who reacquired Philippine citizenship under R.A. No. 9225, sought
registration and certification as overseas absentee voters however they were
advised by the Philippine Embassy in the US that as per a COMELEC letter to
DFA dated September 23, 2003, they have no right yet to vote in such elections
owing to their lack of the one-year residence requirement prescribed by Sec. 1,
Art. IV of the Constitution.

When petitioner Nicolas-Lewis clarified on said requirement, the COMELEC

replied its position that the OAVL was not enacted for the petitioners and that
they are considered regular voters who have to meet the requirements of
residency under the Constitution.

Faced with the prospect of not being able to vote in the May 2004 elections
because of COMELEC's refusal to include them in the National Registry of
Absentee Voters, petitioners filed on April 1, 2004 a petition for certiorari and
mandamus.

On April 30, 2004 (a little over a week before Election Day), COMELEC filed a
Comment praying for the denial of the petition. Consequently, petitioners were
not able to register let alone vote in said elections.

On May 20, 2004, the OSG filed a Manifestation (in Lieu of Comment) stating
that all qualified overseas Filipinos, including dual citizens who care to
exercise the right of suffrage, may do so, observing, however, that the
conclusion of the 2004 elections had rendered the petition moot and academic.

ISSUE/S:
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 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.