Nicholas- Lewis vs COMELEC

Nicholas- Lewis vs COMELEC

Facts:

Nicholas-Lewis and the other petitioners were dual citizens who retained or 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.

The COMELEC rejected their petition. The COMELEC argued 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 Philippines through positive acts.

Issue:

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

Held:

Yes.

Ratio:

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.

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. (as established in a senate debate on the approval of RA 9189).

fr: atty nas >.<