1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly EN BANC [ G.R. No. 223705, August 14, 2019 ] LOIDA NICOLAS-LEWIS, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT. DECISION REYES, J. JR., J.: On grounds of violation of the freedom of speech, of expression, and of assembly; denial of substantive due process; violation of the equal protection clause; and violation of the territoriality principle in criminal cases, Loida Nicolas-Lewis (petitioner) seeks to declare as unconstitutional Section 36.8 of Republic Act (R.A.) No. 9189, as amended by R.A. No. 10590[1] and Section 74(II)(8) of the Commission on Elections (COMELEC) Resolution No. 10035,[2] which prohibit the engagement of any person in partisan political activities abroad during the 30-day overseas voting period. Relevant Antecedents On February 13, 2003, R.A. No. 9189, entitled "An Act Providing for a System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad, Appropriating Funds Therefor, and for other Purposes," also known as "The Overseas Absentee Voting Act of 2003," was enacted. Its purpose is to ensure equal opportunity to all qualified Filipino citizens abroad to exercise the fundamental right of suffrage pursuant to Section 2, Article V[3] of the 1987 Constitution. In 2012, certain amendments to R.A. No. 9189 were proposed both by the House of Representatives and the Senate through House Bill No. 6542 and Senate Bill No. 3312, respectively. Consequently, R.A. No. 9189 was amended by R.A. No. 10590 or "The Overseas Voting Act of 2013." Of relevance in the instant petition is Section 37 of R.A. No. 10590 which renumbered Section 24 of R.A. No. 9189 and amended the same as follows: SEC. 36. Prohibited Acts. - In addition to the prohibited acts provided by law, it shall be unlawful: xxxx 36.8. For any person to engage in partisan political activity abroad during the thirty (30)-day overseas voting period; https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65669 1/60

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