Nicolas-Lewis asks SC to void ban on campaigning abroad

FILIPINO-AMERICAN businesswoman Loida Nicolas-Lewis on Monday asked the Supreme Court  to strike down as unconstitutional the prohibition on campaigning abroad during the 30-day overseas voting period under Republic Act 9189 or the Overseas Absentee Voting Act.

In a 20-page petition, Nicolas-Lewis of the US Pinoys for Good Governance also asked the high court to issue a temporary restraining order (TRO) on the implementation of the ban under Section 36.8 of R.A. 9189 and Section 74 (2) (8) of Comelec Resolution No. 10035.

She said the prohibition violates the right to assembly and freedom of expression.

“It is also settled in jurisprudence that any prior restriction of protected speech is presumed unconstitutional, and the governing body restraining such speech is burdened with proving that such measure is justifiable and valid,” read the petition filed through lawyer Ray Paolo Santiago of Ateneo Human Rights Center.

“The questioned provisions prejudice not only Petitioner’s right to freedom of expression, but also of others’ in future similar cases involving the information and education of the electorate,” the petition stated.

The petition also took note of a Supreme Court’s decision recognizing “the citizen’s right to freely participate in the exchange of ideas in furtherance of political-decision making.”

Lewis said that Comelec Resolution No. 10035 is unfair because the ban on campaign in the Philippines only covers two days before Election Day.

“Undoubtedly, there are substantial distinctions between overseas Filipino voters and those voting within the Philippines. The most glaring of which is that the overseas Filipino voters are allowed to vote within a period of 30-days,” Nicolas-Lewis added.

Lewis also pointed out that the prohibition should be nullified since there is no criminal jurisdiction of Philippine laws over Filipinos living abroad.

“It is simply ridiculous for any prosecution of an alleged election offense committed abroad since the Philippine authorities simply has no jurisdiction over the offense,” the petition further stated.