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Saturday, July 12, 2003
SC upholds validity of absentee vote
By Benjamin B. Pulta
MANILA -- The Supreme Court (SC) upheld Friday the constitutionality of the fledgling Republic Act 9189 or the Absentee Voting Act but struck down four portions of the law seeking to allow qualified Filipinos abroad to vote.
The High Court said the provisions encroached on the independence of the Commission on Elections (Comelec).
The provisions relate to the creation of a Joint Congressional Oversight Committee that would take over the functions of the Comelec in elections abroad.
"The rest of the provisions of the law continue to be in full force and effect," the High Court through Associate Justice Ma. Alicia Austria-Martinez said.
Election lawyer Romulo B. Makalintal filed the suit to question what he said were questionable provisions in the law.
Four magistrates, Reynato S. Puno, Consuelo Ynares-Santiago, Romeo Callejo and Angelina Sandoval-Gutierrez, filed concurring and dissenting opinions.
Newly appointed magistrate Dante Tinga took no part.
The SC likewise upheld a key provision, Section 5(d), of the law in question.
The provision had drawn flak from critics since it allows green card holders and other Filipino residents who are permanent residents abroad to vote in Philippine elections on the condition that they sign an affidavit swearing they "shall resume actual physical permanent residence in the Philippines" no later than three years.
In ruling on the constitutionality of the particular provision of the law, the SC said the grant of the right of suffrage to Filipinos abroad was underscored in Sec. 2, Art. V of the Constitution, which mandates that "Congress shall provide for voting by qualified Filipinos abroad."
"It must be stressed that (the Constitution) does not provide for the parameters of the exercise of legislative authority in enacting the said law. Hence, in the absence of restrictions, Congress is presumed to have duly exercised its functions," the Court said.
Makalintal claims that "allowing Filipino immigrants or permanent residents in other countries to vote in an election in the Philippines in absentia is a violation of the constitutional qualifications of qualified Filipino voters."
Under the 1987 Constitution, the right of suffrage requires Filipinos to be at least 18 years of age "and who shall have resided in the Philippines for at least one year, and in the place wherein they propose to vote, for at least six months immediately preceding the elections."
In a 1990 precedent, the SC ruled "that immigration to the United States by virtue of a green card, which entitles one to reside permanently in that country, constitutes abandonment of domicile in the Philippines."
Those opposed to the new piece of legislation pointed out that the law's provision requiring a green card holder or a permanent Filipino resident abroad to promise to return in three years "is not allowed by the Constitution as a substitute for the residence requirement" and could create problems in case the estimated 2 million permanent Filipino residents abroad renege on the promise to come back to the country.
(July 12, 2003 issue)
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