1/4/2021 E-Library - Information At Your Fingertips: Printer Friendly through the lens of strict scrutiny. The US Supreme Court acknowledged that it was one of the rare cases in which it has held that a law survives strict scrutiny. It arrived at its decision on account of "[a] long history, a substantial consensus, and simple common sense"[55] showing that some restricted zone around polling places is necessary to protect the fundamental right of citizens to cast a ballot in an election free from the taint of intimidation and fraud. Given Burson and Our own pronouncements in Osmeña, the establishment of a campaign-free zone in polling places overseas remains an open and viable possibility. WHEREFORE, I vote to GRANT the petition and DECLARE Section 36.8 of RA 9189, as amended by RA 10590, and Section 74(II)(8) of Cmnelec Resolution No. 10035 as UNCONSTITUTIONAL for violating Section 4, Article III of the 1987 Constitution. [1] Sec. 36.8. For any person to engage in partisan political activity abroad during the thirty (30)-day overseas voting period[.] [2] The Overseas Absentee Voting Act of 2003. [3] The Overseas Absentee Voting Act of 2013. [4] Sec. 74. Election offenses/prohibited acts. - xxxx II. Under R.A. 9189 "Overseas Absentee Voting Act of 2003," as amended xxxx 8. For any person to engage in partisan political activity abroad during the thirty (30)-day overseas voting period. [5] 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, otherwise known as "The Overseas Absentee Voting Act of 2003" as amended by Republic Act No. 10590 for Purposes of the May 09, 2016 National and Local Elections. [6] Omnibus Election Code of the Philippines. [7] Art. III, Sec. 4. - No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. [8] Samahan ng mga Progresibong Kabataan (SPARK) v. Quezon City, G.R. No. 225442, August 8, 2017, 835 SCRA 350, 385. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65669 57/60