ELEC Activity

1. Vote election in ph
a. Dual citizen

may exercise the right to vote under the system of absentee voting in Republic
Act No. 9189, the Overseas Absentee Voting Act of 2003  (Nicolas-Lewis v. |||

Commission on Elections, G.R. No. 162759, [August 4, 2006], 529 PHIL 642-
659)
There is no provision in the Citizenship Retention and Re-acquisition Act of 2003/ dual citizenship law
requiring "duals" or dual citizens to actually establish residence and physically stay in the Philippines first
before they can exercise their right to vote. On the contrary said Act, in implicit acknowledgment that
“duals” are most likely nonresidents, grants under its Section 5(1) the same right of suffrage as that
granted an absentee voter under Overseas Absentee Voting Act of 2003

Those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V
of the Constitution, Republic Act No. 9189, otherwise known as "The Overseas Absentee Voting Act of
2003" and other existing laws;|||  (Citizenship Retention and Re-acquisition Act of 2003, Republic Act
No. 9225, [August 29, 2003])

Requirements for Registration. — Every Filipino registrant shall

be required to furnish the following documents:

"(a) A valid Philippine passport. In the absence of a valid

passport, a certification of the DFA that it has reviewed the
appropriate documents submitted by the applicant and has found
them sufficient to warrant the issuance of a passport, or that the
applicant is a holder of a valid passport but is unable to produce
the same for a valid reason;
"(b) Accomplished registration form prescribed by the
Commission; and
"(c) Applicants who availed themselves of the 'Citizen
Retention and Reacquisition Act' (Republic Act No. 9225) shall
present the original or certified true copy of the order of approval
of their application to retain or reacquire their Filipino citizenship
issued by the post or their identification certificate issued by the
Bureau of Immigration.  CIAcSa

"The Commission may also require additional data to facilitate

registration and recording. No information other than those necessary
to establish the identity and qualification of the applicant shall be
required.

"All applications for registration and/or certification as an

overseas voter shall be considered as applications to vote overseas.
An overseas voter is presumed to be abroad until she/he applies for
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transfer of her/his registration records or requests that her/his name be

cancelled from the NROV."

 (The Overseas Voting Act of 2013, Republic Act No. 10590, [May 27,
|||

2013])
b. Permanent residents abroad (Sec 5d of 9189)
executes an affidavit that he will resume physical permanent residence in the Philippines
within 3 years of his registration. i. The affidavit shall also state that he has no applied for
citizenship in another country. ii. Failure to return shall be cause for removal of his name
from the registry of absentee voters and his permanent disqualification to vote in absentia
c. Overseas foreign workers abroad (RA 10590)
A
2. Purpose of affidavit in OVA

The affidavit required serves as an explicit expression of nonabandonment of one’s domicile of origin

An immigrant or permanent resident recognized as such in the host country, unless he executes an
affidavit that he will resume physical permanent residence in the Philippines within 3 years of his
registration. i. The affidavit shall also state that he has no applied for citizenship in another country. ii.
Failure to return shall be cause for removal of his name from the registry of absentee voters and his
permanent disqualification to vote in absentia In designing a system for overseas absentee voting, the
1987 Constitution dispensed with the requirement of actual residency mentioned in Section 1, Article V
of the 1987 Constitution. The affidavit required serves as an explicit expression of nonabandonment of
one’s domicile of origin (Macalintal v. COMELEC, G.R. 157013, 10 July 2003).

declaring intention to resume physical permanent residence within 3 years in the case of immigrants
(Sec. 8).

So that the intention of the immigrant to resume physical permanent residence in the Ph within 3 years
of his registration would be verified, which means it is to be made under oath. Thus, it can serve as
evidence for its veracity and is required in court proceedings.

3. Which poplar cant be registered why

The very essence of party-list system is representation by election. These parties are prohibited because
if they were allowed to register, it would contradict the purpose of advocating an ideology or platform
for the general conduct of the govt.

4. Nicolas-Lewis v. Comelec

Petitioners are dual citizens who retained or reacquired their Philippine citizenship under RA 9225 or
the Citizenship Retention and Re-acquisition Act of 2003. They are ascertaining their right to
suffrage under RA 9189 or the Overseas Absentee Voting Act of 2003.
When they sought to register and certify themselves to vote for the May 2004 national and local
elections, a COMELEC letter to the DFA, advised that petitioners do not have the right to vote as
they lack the one-year residency requisite under Section 1, Article 5 of the 1987 Philippine
Constitution. Petitioners were not able to register and vote for the May 2004 elections. 10 days after
ELEC Activity

the election, OSG filed a manifestation stating that, “All qualified overseas Filipinos, including duals
who care to exercise their right to vote may do so.” However, the May 2004 elections have ended
rendering the petition moot and academic.

Issues:
WON Filipinos whose citizenship that was granted under RA 9225 may be allowed to vote under RA
9189;

HELD:
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.

5. Velasco v. Comelec

This petition for certiorari seeks to set aside and annul the resolutions
denying the COC Velasco had filed for the position of Mayor of the
Municipality of Sasmuan, Pampanga. The distinctions between
inclusion/exclusion proceedings and COC denial/cancellation proceedings,
refute and belie Velasco's position that the COMELEC improperly ruled on
his right to vote when it cancelled his COC.
ISSUE: Is decision in an inclusion/exclusion proceeding operate as a bar to
any future action challenging one’s right to be registered as a voter?

HELD:
Inclusion/exclusion proceedings essentially involve the simple issue of whether a petitioner
shall be included in or excluded from the list of voters based on the qualifications required by
law and the facts presented to show possession of these qualifications

fInclusion/exclusion proceedings, while judicial in character, are summary

proceedings. A decision in an inclusion/exclusion proceeding does not
operate as a bar to any future action in any other election that a party may
take concerning his right to be registered as a voter. A ruling on the right to
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vote by the trial court for a specific election is binding on the COMELEC. By
clear implication, the COMELEC itself does not rule on the right to vote by
recognizing in a Sec. 78 COC denial/cancellation proceeding the final and
executory ruling by a court, as mandated by law, in an inclusion/exclusion
proceeding.
6. Atienza v. Comelec