1/4/2021
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The provision of existing laws to the contrary notwithstanding, and with due
regard to the Principle of Double Criminality, the prohibited acts described in
this section are electoral offenses and shall be punishable in the Philippines.
On January 13, 2016, the COMELEC promulgated Resolution No. 10035 entitled
"General Instructions for the Special Board of Election Inspectors and Special Ballot
Reception and Custody Group in the Conduct of Manual Voting and Counting of Votes
under Republic Act No. 9189, x x x as amended by Republic Act No. 10590 for Purposes
of the May 9, 2016 National and Local Elections." Section 74(II)(8), Article XVII thereof
provides for the same prohibition above-cited, viz.:
Sec. 74. Election offenses/prohibited acts. xxxx
II. Under R.A. 9189 "Overseas Absentee Voting Act of 2003", as amended
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8. For any person to engage in partisan political activity abroad during the
thirty (30)-day overseas voting period.
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The provision of existing laws to the contrary notwithstanding, and with due
regard to the Principle of Double Criminality, the prohibited acts described in
this section are electoral offenses and shall be punishable in the Philippines.
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Petitioner possesses dual citizenship (Filipino and American), whose right to vote under
R.A. No. 9189, as amended, or the absentee voting system, was upheld by the Court
En Banc in the 2006 case of Nicolas-Lewis, v. COMELEC.[4]
Petitioner alleges, albeit notably sans support, that she, "together with thousands of
Filipinos all over the world," were prohibited by different Philippine consulates from
conducting information campaigns, rallies, and outreach programs in support of their
respective candidates, especially for the positions of President and Vice-President for
the 2016 Elections, pursuant to the above-cited provisions.[5]
Hence, this petition.
Considering the urgency of the matter as the May 2016 presidential and vicepresidential elections were forthcoming when the petition was filed, the Court, in its
April 19, 2016 Resolution[6] partially granted the application for temporary restraining
order (TRO), enjoining the COMELEC, its deputies and other related instrumentalities
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65669
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