Académique Documents
Professionnel Documents
Culture Documents
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GARCIA, J.:
In this petition for certiorari and mandamus,
petitioners, referring to themselves as “duals” or dual
citizens, pray that they and others who retained or
reacquired Philippine citizenship under Republic Act (R.A.)
No. 9225, the Citizenship Retention and Re‑Acquisition Act
of 2003, be allowed to avail themselves of the mechanism
provided under the Overseas Absentee Voting Act of 20031
(R.A. 9189) and that the Commission on Elections
(COMELEC) accordingly be ordered to allow them to vote
and register as absentee voters under the aegis of R.A.
9189.
The facts:
Petitioners are successful applicants for recognition of
Philippine citizenship under R.A. 9225 which accords to
such applicants the right of suffrage, among others. Long
before the May 2004 national and local elections,
petitioners sought registration and certification as
“overseas absentee voter”
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8 Published in the February 16, 2003 issues of Today and Daily Tribune.
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“As finally approved into law, Section 5(d) of R.A. No. 9189
specifically disqualifies an immigrant or permanent resident who
is “recognized as such in the host country” because immigration or
permanent residence in another country implies renunciation of
one’s residence in his country of origin. However, same Section
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became R.A. No. 9189, was deliberated upon on the Senate floor,
thus:
Senator Arroyo. Mr. President, this bill should be
looked into in relation to the constitutional provisions. I
think the sponsor and I would agree that the Constitution is
supreme in any statute that we may enact.
Let me read Section 1, Article V, of the Constitution ….
x x x x x x x x x
Now, Mr. President, the Constitution says, “who shall
have resided in the Philippines.” They are permanent
immigrants. They have changed residence so they are
barred under the Constitution. This is why I asked whether
this committee amendment which in fact does not alter the
original text of the bill will have any effect on this?
Senator Angara. Good question, Mr. President. And
this has been asked in various fora. This is in compliance
with the Constitution. One, the interpretation here of
“residence” is synonymous with “domicile.”
As the gentleman and I know, Mr. President, “domicile”
is the intent to return to one’s home. And the fact that a
Filipino may have been physically absent from the
Philippines and may be physically a resident of the
United States, for example, but has a clear intent to
return to the Philippines, will make him qualified as
a resident of the Philippines under this law.
This is consistent, Mr. President, with the constitutional
mandate that we—that Congress—must provide a franchise
to overseas Filipinos.
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