WHEREAS, on 18 March 2005, COMELEC Resolution 7447 (General Instructions for the Resumption of Registration of Qualified Overseas Absentee Voters Pursuant to Section 7 of R.A. 9189 and Amending Pertinent Provisions of Comelec Resolution No. 6117) was promulgated;

      WHEREAS, after its publication into two (2) newspapers of general circulation in the Philippines, said Resolution took effect and the same was uploaded the COMELEC website and the DFA provided official copy thereof;

      WHEREAS, Section 7 of COMELEC Resolution 7447 reads:

     Section 7. Who May Not Register. - The following shall be disqualified from registering: xxx

      b. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country; except those who have reacquired or retained their Philippine citizenship under R.A. 9225, otherwise known as the " Citizenship Retention and Reacquisition Act of 2003";

      WHEREAS, it would appear from the Resolution that only dual citizens who availed of R.A. 9225 may register as overseas absentee voters and that they are not expected to perform any other act to be qualified as overseas absentee voters;

      WHEREAS, a thorough deliberation by the Committee on Overseas Absentee Voting (COAV) and a review of previous guidelines issued by the Committee showed that R.A. 9225 intended the dual citizens to execute an Affidavit of Intent to Return as provided by R.A. 9189 (Overseas Absentee Voting Act):

Section 5 (d). An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act.

      WHEREAS, such legislative intent was culled from the Bicameral Conference Committee of the House and the Senate which deliberated on R.A. 9225, to wit:

x x x

      REP. LOCSIN. Frank, Frank, okay, just hear me out. But you have a point about conflict of laws. I would like to add this separate matter. Number one, those intending to exercise their right of suffrage must meet the requirements under Section 1, Article V of the Constitution and THE PROVISIONS OF THE OVERSEAS ABSENTEE VOTING ACT OF 2003, to make sure that Filipino-American citizens have to execute an affidavit of return. In fact, they are really lucky. They can come back here and change residence.

      THE CHAIRMAN (SEN. DRILON). That is precisely the purpose of saying « existing laws. »

      REP. LOCSIN. « x x x AND OTHER LAWS RELATING TO THE EXERCISE OF THE RIGHT OF SUFFRAGE. » I say this because there is a deliberate . . .

      THE CHAIRMAN (SEN. DRILON). We can specify republic act if you want to. We can just say . . .

      REP. LOCSIN. No. No. There is a disinformation campaign going on in the United States that American citizens under the Dual Citizenship Law will not be required to execute an affidavit of return as if they were something different and special, but in fact they are not, quite the opposite. That campaign has been going on, and I've seen it in the papers.

      THE CHAIRMAN (SEN. DRILON). Precisely, Ted, when we placed here existing laws, we had in contemplation-- If you recall, we passed this before we passed the Absnetee Voting Act

      REP. LOCSIN. That's right, yeah.

      THE CHAIRMAN (SEN. DRILON). And when we stated Constitution and existing laws, we have precisely in contemplation the requirements of the Absentee Voting Act. That is why I have no problem with you stating Article V ( ?) and existing law and Republic Act so and so and other existing law.

      REP. LOCSIN. Yeah, okay, so all right? Okay, sige.

      SEN. PIMENTEL. Wait a minute.

      REP. LOCSIN. So lagyan mo 'yong ano.

      SEN. PIMENTEL. I have a little problem with that because the citizens are not in the same category as permanent residents or, you know, green card holders. Iba 'yon eh. Now, of course, the matter of establishing their residence to qualify under the Overseas Absentee Voting Act, for example, I think, will have to be treated differently for the simple reason that citizens are not in the same league as permanent residents or green card holders.

      REP. LOCSIN. Mr. Chairman, we don't treat these people as Americans. Precisely, the purpose of the law is to treat them as Filipinos. I don't see them as Americans at all ; I see them as Filipinos flying around the United States. And if they want to vote, they either execute an affidavit of return or, which is very lucky for them, unlike immigrants, they can take up permanent residence in the Philippines one year before the election.

x x x

      WHEREAS, the foregoing discussion, establishes the intent of the Philippine legislators to subject dual citizens to said affidavit requirement of R.A. 9189;

      WHEREAS, the same requirement should be made to apply to other Filipino citizens with dual citizenships by virtue of the 1973 and 1987 Constitutions and other existing laws.

      NOW, THEREFORE, premises considered, the Commission RESOLVED, as it hereby RESOLVES to AMEND COMELEC Resolution No. 7447, to read as follows:

Section 7. Who May Not Register. - The following shall be disqualified from registering:

x x x

      b. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country; except those who have reacquired or retained their Philippine citizenship under R.A. 9225, otherwise known as the "Citizenship Retention and Reacquisition Act of 2003" and other Filipino citizens with dual citizenship provided they execute upon filing of an application for registration as overseas absentee voter, an affidavit declaring that they shall resume actual physical permanent residence in the Philippines pursuant to Section 5 of R.A. 9189;

 
     Let the Education and Information Department (EID) in coordination with the Chairman of the Committee on Absentee Voting implement this resolution.

      SO ORDERED.