d.Declarations are usually self-serving and may becontradicted by inconsistent acts. e.To admit immigrant’s representation that he hasnot abandoned his Philippine domicile (throughthe affidavit) despite his immigrant status is totolerate false pretenses/duplicity/benefitting fromthe best of both worlds by having one foot in theUS and the other in the Philippines. 4.Great probability that the assailed provision may only bean avenue for election fraud. a.We cannot enforce our laws on a vast number ofimmigrantinforeigncountrieswiththe sameefficacy as within our territory b.Thepunishmentforthose who executed andaffidavitbutdidnotreturnto the Philippineswithin 3 years (to be deleted from the NationalRegistryofAbsenteeVoters)isapunitivemeasure that is virtually meaningless. It cannotundotheresultoftheelectionandcannotdiscipline or daunt immigrant voters. Callejo, Sr., J (Concurring and Dissenting Opinion) -Concur that Sections 18.5, 19, and 25 of Republic Act No.9189 are unconstitutional. Hence, null and void. -Dissent that Section 5(d) of RA 9189 is constitutional Section 1, Article 5 -Prescribes clearly and unambiguously the qualifications ofvoters as to citizenship, age, and residence -While Section 2 allows Congress to create a system tofacilitate absentee voting, it is not the intention of theframers to allow the creation of the residence qualification -Courts should lean in favour of interpretations that wouldharmonize every provision -Requirements prescribed are enjoined to be possessed bya voter immediately preceding the election. In other words,the right of suffrage cannot be granted to anyone who, onthedateofelection,doesnotpossessanyofthequalifications provided. Residence/Domicile -Residence: bodily presence, dwelling, physical fact-Domicile: fixed and permanent home, a person’s legalhome, intention of permanently residing, intention-Howeverforvotingpurposes,residenceistobeunderstood as it refers to domicile. -For the purposes of the right to vote, you cannot have aresidence and be domiciled in two places at the same timebecause the right to vote includes both the act of residingand the intention to do so -Theremustbeanactualremovingandabonafideintention of leaving the former place of residence -Hence, an absence for months, if temporary and with theintention of resumption to former residence, will not be anabandonment of such residence or a ground to depriveone of his right to vote (OFW) -This is not the case for Filipino immigrants (a Filipino whohas abandoned his Philippine residence or domicile)
-Callejodoes not agree that signing an affidavit is aneloquent proof that the immigrant has not abandoned hisPhilippine residence. -While intention is important, it alone is not sufficienttoestablish a residence for voting purposes.
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Government, Separation of Powers, Supreme Court of the United States, The Court, Sc