G.R. No. 162759, 4 Aug 2006 [Citizenship Reacquisition Act of 2003 RA 9189; Dual Citizenship ]
FACTS:
Petitions for certiorari and mandamus for exercising their rights to suffrage under the Overseas Absentee Voting Act or RA No. 9189. Petitioners are dual citizens who retained or reacquired Philippine Citizenship under RA No. 9225, or Citizenship Retention and Reacquisition Act of 2003. COMELEC denied their petitions on the ground that they fail to meet the qualification of 1-year residency required by the Section 1, Article V of the Constitution.
ISSUE:
Whether or not dual citizens may exercise their right to suffrage as absentee voters even short of 1-year residency requirement.
RULING:
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.
