Chavezvcomelecgrno162777 august312004 q petitioner

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Unformatted text preview: adline of voter registration for the May 14, 2001 elections. For the therein petitioners filed their petition with the court within the 120‐day period for the conduct of voter registration under Sec. 8, RA 8189, and sought the conduct of a two‐ day registration of Feb. 17, and 18,2001, clearly within the 120‐day prohibited period. The clear import of the Court’s pronouncement in Akbayan‐Youth is that had therein petitioners filed their petition – and sought an extension date that was – before the 120‐day prohibitive period, their prayer would have been granted pursuant to the mandate of RA 8189 (Absentee Voting). In the present case, as reflected earlier, both the dates of filing of the petition (October 30, 2009) and the extension sought (until January 9, 2010) are prior to the 120 day prohibitive period. The Court therefore, finds no legal impediment to the extension prayed for. (Kabataan partylist v. COMELEC, G.R. No. 189868, Dec. 15, 2009) Q: What is absentee voting? A: It is a process by which qualified citizens of the Philippines abroad exercise their right to vote pursuant to the constitutional mandate that Congress shall provide a system for absentee voting by qualified Filipinos abroad (Sec. 2, Art. V, 1987 Constitution). Absentee voting is an exception to the six month/one year residency requirement. (Macalintal v. Romulo, G.R. No. 157013, July 10, 2003) Note: The constitutionality of Sec. 18.5 of R.A. 9189 (Absentee Voting) is upheld with respect only to the authority given to the COMELEC to proclaim the winning candidates for the Senators and party‐list representatives but not as to the power to canvass votes and proclaim the winning candidates for President and Vice‐president. (Ibid.) Q: Who are qualified to vote under the absentee voting law? A: All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of the elections, may vote for president, vice‐president, senators and party‐list...
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