Scribd Logo
Upload

Welcome to Scribd!

  • Nicolas Lewis Vs Comelec Digest

    Uploaded by

    ArecarA.Reforsado
    1K views1 page
    The petitioners were dual citizens who re-acquired their Philippine citizenship under RA 9225. They filed a petition to COMELEC to avail themselves of absentee voting rights under RA 9189 for the 2004 elections. COMELEC rejected the petition, arguing the petitioners had renounced Philippine citizenship and abandoned domicile upon acquiring foreign citizenship. The Supreme Court ruled that under RA 9225, those who re-acquire Philippine citizenship enjoy full civil and political rights, including suffrage under RA 9189, subject to constitutional requirements. Section 2 of Article 5 provides an exception to the residency requirement in Section 1 for absentee voters.

    Original Description:

    Consti 1

    Original Title

    Nicolas Lewis vs Comelec Digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The petitioners were dual citizens who re-acquired their Philippine citizenship under RA 9225. They filed a petition to COMELEC to avail themselves of absentee voting rights under RA 9189 for the 2004 elections. COMELEC rejected the petition, arguing the petitioners had renounced Philippine citizenship and abandoned domicile upon acquiring foreign citizenship. The Supreme Court ruled that under RA 9225, those who re-acquire Philippine citizenship enjoy full civil and political rights, including suffrage under RA 9189, subject to constitutional requirements. Section 2 of Article 5 provides an exception to the residency requirement in Section 1 for absentee voters.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    1K views1 page

    Nicolas Lewis Vs Comelec Digest

    Uploaded by

    ArecarA.Reforsado
    The petitioners were dual citizens who re-acquired their Philippine citizenship under RA 9225. They filed a petition to COMELEC to avail themselves of absentee voting rights under RA 9189 for the 2004 elections. COMELEC rejected the petition, arguing the petitioners had renounced Philippine citizenship and abandoned domicile upon acquiring foreign citizenship. The Supreme Court ruled that under RA 9225, those who re-acquire Philippine citizenship enjoy full civil and political rights, including suffrage under RA 9189, subject to constitutional requirements. Section 2 of Article 5 provides an exception to the residency requirement in Section 1 for absentee voters.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    G.R. No.

    162759 August 4, 2006

    LOIDA NICOLAS-LEWIS, GREGORIO B. MACABENTA, ALEJANDRO A. ESCLAMADO, ARMANDO B.


    HEREDIA, REUBEN S. SEGURITAN, ERIC LACHICA FURBEYRE, TERESITA A. CRUZ, JOSEFINA
    OPENA DISTERHOFT, MERCEDES V. OPENA, CORNELIO R. NATIVIDAD, EVELYN D. NATIVIDAD,
    Petitioners,
    vs.
    COMMISSION ON ELECTIONS, Respondent.

    Facts: Nicolas-Lewis and the other petitioners were dual citizens who re-acquired their
    Philippine citizenship under RA 9225, the Citizens Retention and Re-acquisition Act of 2003.
    They filed a petition to the COMELEC praying to avail themselves the right of suffrage under
    RA 9189, the Overseas Absentee Voting Act of 2003 before the May 2004 elections. The
    COMELEC rejected their petition arguing that upon acquisition by the petitioners of their
    foreign citizenship, they have renounced their Philippine citizenship and have abandoned
    their domicile. The COMELEC further stated that before they could exercise the right of
    suffrage, they had to meet the residency requirement among others provided in Section 1
    Article 5 of the Constitution by first establishing their domicile in the.

    Issue: WON the dual citizens who have re-acquired their Philippine citizenship pursuant to RA
    9225 can exercise their right of suffrage under RA 9189?

    Held: Yes. Section 5 of RA 9225 states that those who retained or reacquired their citizenship
    under this act shall enjoy full civil and political rights, subject to certain conditions including
    the fulfillment of the requirements under Section 1 Article 5 of the Constitution and RA 9189.
    The phrase all citizens of the Philippines not otherwise authorized by law served as the
    guide to Congress in establishing a system for absentee voting. Applying the doctrine of
    necessary implication, the strategic location of Section 2 Article 5 of the Constitution
    indicates that it provides for an exception to the residency requirement in Section 1 which is
    the affidavit to express the intention to reacquire the domicile in the Philippines without the
    requirement to physically stay in the Philippines.

    You might also like