LOIDA NICOLAS-LEWIS, et al.

versus
COMMISSION ON ELECTIONS

FACTS:

Petitioners were dual citizens by virtue of RA 9225. Petitioners sought to avail

their right of suffrage under RA 9189 or the Overseas Absentee Voting Act of
2003. Comelec, however, did not allow petitioners to vote in the 2004 election,
reasoning the petitioners faield to comply with the requirement of 1-year residency
prior the elections as provided for under Article 5, Sec 1 of the Constitution.

ISSUE:
Whether or not petitioners may participate in the election sans the compliance of
the 1 year residency.

RULING:

The Court held that those who retained or reacquired their citizenship under RA
9225 may exercise their right to vote under the Overseas Absentee Voting Act of
2003, RA 9189.

Article 5, Section 2 of the Constitution provides for the exception to the residency
requirement in Section 1 of the same article. The voting mechanism in RA 9189 was
practically set forth to provide a system wherein Filipinos of dual citizenship and
are, at the same time, not residing in the Philippines are empowered to vote.

The Court held that present day duals may now exercise their right of suffrage
provided they meet the requirements under Section 1, Article V of the Constitution
in relation to R.A. 9189.