Dual Citizens and their Right to Vote


In Philippine E-Legal Forum it says:

May dual citizens vote even without the one-year residency requirement provided in the Constitution? Yes,  according to the Supreme Court in the case of Nicolas-Lewis vs. COMELEC (G.R. No. 162759, 4 August 2006).

57775_passport_tmbThe persons who filed the petition are successful applicants for recognition of Philippine citizenship under RA 9225, referring to themselves as “duals” or dual citizens. Long before the 2004 elections, they sought registration and certification as “overseas absentee voter” under R.A. 9189 (the Overseas Absentee Voting Act of 2003). Unfortunately, they were told that they cannot yet vote in the 2004 elections because they lack the one-year residency requirement.  Read the rest of this entry>>>

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Note:  My sincere apology to my readers and concerned personalities for the below comments that was erroneously posted as suggested by Dr. Peter Payoyo instead by Atty. Henry Rojas.

Atty. Henry Rojas is the author of the OAV book: The Philippine experience published last year by CMA and Friedrich Ebert Stftung (FES). He has done extensive studies and researches too on OAV laws and practices of other countries.

Regarding possible amendment of OAV Law R.A. 9189, Atty. Henry Rojas suggested that:

“in the light of the Supreme Court’s recent decision upholding the right of dual citizens to vote sans the residence/domicile requirement, Section 5(d) of R. A. 9189 should likewise be amended to remove the mandatory residence in the Philippines demanded from immigrants/permanent residents within 3 years from registration as an overseas absentee voter. Otherwise, it would appear that dual citizens have greater rights than the Filipino immigrants/permanent residents”.  

On the other hand Dr. Peter Payoyo from PSAP-Netherlands (Philippine Seafarers Assistance Program) for Seafarers commented the following:

“Greece registered the largest population of seafarers in the last elections because of the phenomenon of “land-based seafarers” there – i.e. OFWs with seafarers’ documents and work in the domestic services sector ashore. Rotterdam came next in the stats; this was because of the expensive logistical assistance from PSAP extended to active seafarers for them to register. Voter turn out was poor overall, largely because seafarers who registered abroad were being asked to vote in person at the same place where they have registered”.

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