D declarations are usually self serving and may be

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d. Declarations are usually self-serving and may be contradicted by inconsistent acts. e. To admit immigrant’s representation that he has not abandoned his Philippine domicile (through the affidavit) despite his immigrant status is to tolerate false pretenses/duplicity/benefitting from the best of both worlds by having one foot in the US and the other in the Philippines. 4. Great probability that the assailed provision may only be an avenue for election fraud. a. We cannot enforce our laws on a vast number of immigrant in foreign countries with the same efficacy as within our territory b. The punishment for those who executed and affidavit but did not return to the Philippines within 3 years (to be deleted from the National Registry of Absentee Voters) is a punitive measure that is virtually meaningless. It cannot undo the result of the election and cannot discipline 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 of voters as to citizenship, age, and residence - While Section 2 allows Congress to create a system to facilitate absentee voting, it is not the intention of the framers to allow the creation of the residence qualification - Courts should lean in favour of interpretations that would harmonize every provision - Requirements prescribed are enjoined to be possessed by a voter immediately preceding the election. In other words, the right of suffrage cannot be granted to anyone who, on the date of election, does not possess any of the qualifications provided. Residence/Domicile - Residence : bodily presence, dwelling, physical fact - Domicile : fixed and permanent home, a person’s legal home, intention of permanently residing, intention - However for voting purposes, residence is to be understood as it refers to domicile. - For the purposes of the right to vote, you cannot have a residence and be domiciled in two places at the same time because the right to vote includes both the act of residing and the intention to do so - There must be an actual removing and a bonafide intention of leaving the former place of residence - Hence, an absence for months, if temporary and with the intention of resumption to former residence, will not be an abandonment of such residence or a ground to deprive one of his right to vote (OFW) - This is not the case for Filipino immigrants (a Filipino who has abandoned his Philippine residence or domicile)
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- Callejo does not agree that signing an affidavit is an eloquent proof that the immigrant has not abandoned his Philippine residence. - While intention is important, it alone is not sufficient to establish a residence for voting purposes.
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  • Fall '19
  • Government, Separation of Powers, Supreme Court of the United States, The Court, Sc

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