WHEREAS, in the case of Loida Nicolas-Lewis, et al. vs. COMELEC (G.R. No. 162759), several petitioners who availed of the Citizenship Retention and Re-acquisition Act of 2003 (R.A. 9225), brought to the Supreme Court the question of whether or not they still have to meet the one-year residency requirement of the Constitution before they can be allowed to participate in national elections as overseas absentee voters.

      WHEREAS, R.A. 9225 allows dual citizens to register as overseas absentee voters.

      WHEREAS, the Commission maintained that those who availed of R.A. 9225 are only able to retain or re-acquire Philippine citizenship on the day they swear allegiance anew to the Philippine Republic. Hence, the dual citizens were required to meet the one-year residency requirement of the Constitution before they will be allowed to exercise their right of suffrage as overseas absentee voters.

      WHEREAS, in the 4 August 2006 Decision of the above-cited case, the Supreme Court held, in reiterating that the dual citizens who availed of R.A. 9225 may exercise their right of suffrage without satisfying the residency requirement under the Constitution:

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      As may be noted, there is no provision in the dual citizenship law - R.A. 9225 - requiring "duals" to actually establish residence and physically stay in the Philippines first before they can exercise their right to vote. On the contrary, R.A. 9225, in implicit acknowledgment that "duals" are most likely non-residents, grants under its Section 5(1) the same right of suffrage as that granted an absentee voter under R.A. 9189. It cannot be overemphasized that R.A. 9189 aims, in essence, to enfranchise as much as possible all overseas Filipinos who, save for the residency requirements exacted of an ordinary voter under ordinary conditions, are qualified to vote.

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      It is very likely that a considerable number of those unmarried children below eighteen (18) years of age had never set foot in the Philippines. Now then, if the next generation of "duals" may nonetheless avail themselves the right to enjoy full civil and political rights under Section 5 of the Act, then there is neither no rhyme nor reason why the petitioners and other present day "duals," provided they meet the requirements under Section 1, Article V of the Constitution in relation to R.A. 9189, be denied the right of suffrage as an overseas absentee voter. Congress could not have plausibly intended such absurd situation. (underscoring provided)

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      WHEREAS, from the clear pronouncement of the Honorable Supreme Court that residency is not required in order for a dual citizen to vote, it is the sense of the Commission that the execution of the Affidavit of Intent to Return by dual citizens is no longer necessary.

      WHEREAS, in order for dual citizens and other overseas Filipinos to have a greater participation in Philippine electoral exercises, the Commission is extending the registration period for overseas absentee voters as provided under COMELEC Resolution No. 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) dated 18 March 2005.

      WHEREAS, in view of the above, there is a need to amend several provisions of COMELEC Resolution No. 7447 to accommodate the attendant consequences of extending the period of overseas absentee voters' registration.

      NOW, THEREFORE, premises considered, the Commission on Elections RESOLVED, to prescribe as it hereby prescribes to extend the overseas absentee voters' registration and to amend the pertinent provision of COMELEC Resolution No. 7447 as follows:

      Section 1. Period to File Applications. The period to file application for registration/certification as overseas absentee voters is hereby extended from 31 August 2006 until 30 September 2006.

      The last day for filing of application for transfer of overseas registration record from one Post to another or from one country to another under the same consular jurisdiction of the Post or from Post to a Philippine city/municipality other than the original residence of the applicant is also extended until 30 September 2006.

      The filing of application for transfer of overseas registration record from Post to the same Philippine city / municipality comprising original residence of applicant is moved from 30 September 2006 to 31 October 2006.

      The extensions apply to all overseas absentee voters' registration centers in all Philippine Posts abroad and at the registration centers at the POEA and the NAIA.

      All Posts should ensure that all applications for registration/certification as registered absentee voters and the corresponding biometrics of the applicants are received by the Commission on or before 21 October 2006. Names of applicants whose application forms are received by the Commission after 21 October 2006 shall no longer be included in the National Registry of Overseas Absentee Voters (NROAV) for purposes of the May 14, 2007 Senatorial and Party-list Elections.

      Sec. 2. Hearings of Applications. - Hearings of applications for registration/certification received during the months of August and September are herein adjusted as follows:

      Sec. 3. Preparation of the National Registry of Overseas Absentee Voters (NROAV). - The last day to prepare the National Registry of Overseas Absentee Voters (NROAV) is moved from 30 November 2006 to 15 December 2006.

      Sec. 4. Filing of Petitions for Exclusion . - The period for the filing of petitions for exclusions is adjusted from 15 December 2006 to 29 December 2006.

      Sec. 5. Application for Reinstatement or Correction of Name of Voters Excluded from the NROAV . - The last day to file application for reinstatement or correction of name of voters excluded from the NROAV through inadvertence or registered with an erroneous or misspelled name shall be on 29 December 2006.

      Sec. 6. Affidavit of Intent to Return . - Dual citizens who will register as overseas absentee voters shall no longer be required to execute the Affidavit of Intent to Return. Failure to sign the Affidavit in the application form shall not be a basis for disapproval of the application for registration as overseas absentee voter.

      Previous applications of dual citizens for registration/certification as overseas absentee voters which were disapproved because they failed to execute the Affidavit of Intent to Return shall be reconsidered and approved by the Resident Election Registration Board (RERB).

      Sec. 7. Effectivity. - This Resolution shall take effect seven (7) days after its publication in two (2) newspapers of general circulation in the Philippines.

      Sec. 8. Dissemination. - The Education and Information Department shall cause the implementation, widest dissemination and publication of this Resolution and shall furnish copies thereof to the major political parties, Department of Foreign Affairs (DFA) and the different Philippine Posts abroad, Department of Labor and Employment (DOLE), Department of Tourism (DOT), Department of Trade and Industry (DTI), Department of Transportation and Communications (DOTC), Philippine Postal Corporation (Philpost), Philippine Overseas Employment Administration (POEA), Overseas Workers Welfare Administration (OWWA), Commission on Filipinos Overseas (CFO), the Maritime Industry Authorities (MARINA), Philippine National Police (PNP) and other concerned government agencies.

      Approved this 17^th day of August 2006.

      SO ORDERED.