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    Case Digest Nicolas Lewis Vs COMELEC

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    sundaeicecream
    1) Petitioners applied for and obtained Philippine citizenship under RA 9225 after previously acquiring foreign citizenship. They sought to register as overseas absentee voters for the 2004 elections but COMELEC denied them, saying RA 9189 did not apply to them. 2) The Supreme Court ruled that those who regain Philippine citizenship under RA 9225 may exercise absentee voting rights under RA 9189. No proof of residence in the Philippines is required. 3) The Constitution allows overseas voting by qualified Filipinos abroad, and the intent of the law is to enfranchise Filipino citizens overseas who have not abandoned their domicile of origin in the Philippines.

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    Case Digest Nicolas Lewis Vs COMELEC

    Uploaded by

    sundaeicecream
    27 views2 pages
    1) Petitioners applied for and obtained Philippine citizenship under RA 9225 after previously acquiring foreign citizenship. They sought to register as overseas absentee voters for the 2004 elections but COMELEC denied them, saying RA 9189 did not apply to them. 2) The Supreme Court ruled that those who regain Philippine citizenship under RA 9225 may exercise absentee voting rights under RA 9189. No proof of residence in the Philippines is required. 3) The Constitution allows overseas voting by qualified Filipinos abroad, and the intent of the law is to enfranchise Filipino citizens overseas who have not abandoned their domicile of origin in the Philippines.

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    Case-Digest-Nicolas-Lewis-vs-COMELEC

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    1) Petitioners applied for and obtained Philippine citizenship under RA 9225 after previously acquiring foreign citizenship. They sought to register as overseas absentee voters for the 2004 elections but COMELEC denied them, saying RA 9189 did not apply to them. 2) The Supreme Court ruled that those who regain Philippine citizenship under RA 9225 may exercise absentee voting rights under RA 9189. No proof of residence in the Philippines is required. 3) The Constitution allows overseas voting by qualified Filipinos abroad, and the intent of the law is to enfranchise Filipino citizens overseas who have not abandoned their domicile of origin in the Philippines.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views2 pages

    Case Digest Nicolas Lewis Vs COMELEC

    Uploaded by

    sundaeicecream
    1) Petitioners applied for and obtained Philippine citizenship under RA 9225 after previously acquiring foreign citizenship. They sought to register as overseas absentee voters for the 2004 elections but COMELEC denied them, saying RA 9189 did not apply to them. 2) The Supreme Court ruled that those who regain Philippine citizenship under RA 9225 may exercise absentee voting rights under RA 9189. No proof of residence in the Philippines is required. 3) The Constitution allows overseas voting by qualified Filipinos abroad, and the intent of the law is to enfranchise Filipino citizens overseas who have not abandoned their domicile of origin in the Philippines.

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    © All Rights Reserved
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    of 2

    Nicolas-Lewis vs COMELEC, GR. No. 162759, Congress enacted R.A.

    9189 - the OAVL -


    August 4, 2006 identifying in Section 4 who can vote under it
    and in the following section who cannot and in
    Section 5 of the Disqualifications.
    F: 1. Petitioners are successful applicants for
    Philippine citizenship under R.A. 9225. For the
    2004 National and Local Elections, they sought The affidavit required in Section 5(d) is not only
    registration and certification as "overseas proof of the intention of the immigrant or
    absentee voters" but COMELEC stated they no permanent resident to go back and resume
    right to vote in such elections owing to their residency in the Philippines, but more
    lack of the one-year residence requirement significantly, it serves as an explicit expression
    prescribed by the Constitution. that he had not in fact abandoned his domicile
    of origin. With that being said, it does not have
    conflict with Sec 1 Art 5 of the Constitution.
    2. COMELEC in their clarification stated that
    OAVL was not enacted for them and they are
    considered as regular voters who have to meet Congress enacted R.A. 9225
    the requirements of residency, among others
    under Section 1, Article 5 of the Constitution.
    SEC. 2. Declaration of Policy. – It is hereby
    declared the policy of the State that all
    3. With COMELEC’s refusal to include them in Philippine citizens who become citizens of
    the National Registry of Absentee Voters, another country shall be deemed not to have
    petitioner Nicolas-Lewis et al., they filed this lost their Philippine citizenship under the
    petition for certiorari and mandamus. conditions of this Act.

    SEC. 3. Retention of Philippine Citizenship. –


    Any provision of law to the contrary
    SC Ruling: Instant petition is granted. SC rules
    notwithstanding, natural-born citizens of the
    and so holds that those who retain or re-acquire
    Philippines who have lost their Philippine
    Philippine citizenship under Republic Act No.
    citizenship by reason of their naturalization as
    9225, the Citizenship Retention and Re-
    citizens of a foreign country are hereby deemed
    Acquisition Act of 2003, may exercise the right
    to have re-acquired Philippine citizenship upon
    to vote under the system of absentee voting in
    taking the following oath of allegiance to the
    Republic Act No. 9189, the Overseas Absentee
    Republic:
    Voting Act of 2003.
    Successful application for recognition of
    Philippine citizenship under R.A. 9189,
    Section 1 prescribes residency requirement as a petitioners now invoke their right to enjoy …
    general eligibility factor for the right to vote. political rights, specifically the right of suffrage,
    pursuant to Section 5 thereof.
    Sec 2 Art 5 of the Constitution provides:
    Those intending to exercise their right of
    SEC 2. The Congress shall provide … a system for suffrage must meet the requirements under Sec
    absentee voting by qualified Filipinos abroad. 1, Article V of Constitution, RA 9189, otherwise
    known as “Oversees Absentee Voting Act Act
    2003” and other existing laws

    COMELEC argues that duals must first establish


    their domicile/residence in PH – Court
    disagrees.

    No provision in the dual citizenship law - R.A.


    9225 - requiring "duals" to actually establish
    residence and physically stay in the Philippines
    first before they can exercise their right to vote.
    On the contrary, R.A. 9225, an implicit
    acknowledgment that "duals" are most likely
    non-residents, grants under its Section 5(1) the
    same right of suffrage as that granted an
    absentee voter under R.A. 9189.

    Constitutional Commission that [it] intended to


    enfranchise as much as possible all Filipino
    citizens abroad who have not abandoned their
    domicile of origin and even intended to extend
    to young Filipinos who reach voting age abroad
    whose parents’ domicile of origin is in the
    Philippines, and consider them qualified as
    voters for the first time.

    Constitutional Commission provided for an


    exception to the actual residency requirement
    of Section 1 with respect to qualified Filipinos
    abroad and declared that qualified Filipinos who
    are not in the Philippines may be allowed to
    vote even though they do not satisfy the
    residency requirement in Section 1, Article V of
    the Constitution.

    "domicile" is the intent to return to one's home

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