1/4/2021
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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:
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36.8. For any person to engage in partisan political activity abroad during
the thirty (30)-day overseas voting period;
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