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[17] See id. at 21.
[18] Emphasis and underscoring supplied.
[19] Naval v. COMELEC, 738 Phil. 506, 535 (2014).
[20] See Comment, p. 21.
[21]
See COMELEC Resolution No. 9843, entitled "IMPLEMENTING RULES AND
REGULATIONS OF REPUBLIC ACT NO. 10590, OTHERWISE KNOWN AS 'AN ACT
AMENDING REPUBLIC ACT 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,''" otherwise known as
"THE RULES AND REGULATIONS IMPLEMENTING THE OVERSEAS VOTING ACT OF 2003,
As AMENDED," approved on January 15, 2014.
[22] See Dissenting Opinion of Retired Associate Justice Dante O. Tinga in Spouses
Romualdez v. COMELEC, 576 Phil. 357, 433 (2008).
[23] 751 Phil. 301 (2015).
[24] Id. at 343, citing Senior Associate Justice Antonio T. Carpio's Separate Concurring
Opinion in Chavez v. Gonzales, supra note 8, at 245.
[25] The Diocese of Bacolod v. COMELEC; id. at 343.
SEPARATE CONCURRING OPINION
LEONEN, J.:
I concur in the result. Nonetheless, I maintain that the provisions in question should be
stricken down as they are forms of prior restraint and content-based illicit prohibition
on the exercise of the primordial right to freedom of expression.
During elections, active deliberations prompted by the exercise of the freedoms of
speech, expression, and association of the electorate itself should remain untrammeled.
Our assurance of authentic democracy depends on safe spaces for vigorous discussion.
The provisions in question do the exact opposite. Curtailing political speech during the
elections is presumptively unconstitutional.
The very first section in the Declaration of Principles and State Policies of the
Constitution states:
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