High court rules 'dual citizens' have right to vote

The Supreme Court unanimously ruled on Friday that “dual citizens" can vote in the elections, and enjoy similar rights as “absentee voters" as long as they retain Filipino citizenship. The Supreme Court granted the petitions filed by Filipino-American businesswoman Loida Nicolas-Lewis and nine others to avail themselves of absentee voting rights after they obtained dual citizenship under Republic Act 9225, or the Citizenship Retention and Re-acquisition Act of 2003. “The Court rules and so holds that those who retain or re-acquire Philippine citizenship under RA 9225, the Citizenship Retention and Re-Acquisition Act of 2003, may exercise the right to vote under the system of absentee voting in RA 9189, the overseas absentee voting act of 2003," the Supreme Court said in its 14-page en banc decision penned by Associate Justice Cancio Garcia. With all justices present, the Supreme Court voted 15-0. The high court junked the contention of the Commission on Elections (Comelec) that dual citizens can enjoy their right to vote only if they meet requirements such as at least one-year residency in the Philippines. “The Court disagrees. As may be noted, there is no provision in the dual citizenship law, RA 9225, requiring duals to actually establish residence and physically stay in the Philippines first before they can exercise their right to vote" the tribunal said. The Supreme Court also said that it is aim of the absentee voting law to include as many overseas Filipinos as possible. “It cannot overemphasized that RA 9189 aims, in essence, to enfranchise as much as possible all overseas Filipinos who, save for the residency requirements exacted of an ordinary voter under ordinary conditions, are qualified to vote." the High Court said. Court records showed that Nicolas-Lewis’ group is composed of successful applicants of recognition of Philippine citizenship under RA 9225, which accords applicants the right of suffrage, among others. Long before the May 2004 national and local elections, Nicolas-Lewis’ group sought registration and certification as overseas absentee voters but were told by the Philippine embassy in the US that they did not meet the one-year residency requirement. Apart from Nicolas-Lewis, the other petitioners included Gregorio Macabenta, Alejandro Esclamado, Armando Heredia, Reuben Seguritan, Eric Lachica Furberye, Teresitta Cruz, Josefina Opena Disterhoft, Mercedes Opena, Cornelio Natividad and Evelyn Natividad. -GMANews.TV