Nicolas-Lewis, et al vs. Comelec GR 162759 August 4, 2006

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

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.  

DECISION:  Granted 

RATIO DECIDENDI:  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