Close  

SC issues TRO vs Comelec prohibition on campaigning overseas

/ 03:43 PM April 20, 2016
Loida Nicolas-Lewis, chair of the US Pinoys for Good Governance. ELTON LUGAY/INQUIRER FILE PHOTO

Loida Nicolas-Lewis, chair of the US Pinoys for Good Governance. ELTON LUGAY/INQUIRER FILE PHOTO

The Supreme Court has lifted the Commission on Elections (Comelec) ban on campaigning overseas except Philippine embassies and consulates where actual voting takes place.

“The Court en banc partially granted the application for a temporary restraining effective immediately and continuing until further orders from the Court enjoining the Comelec, its deputies and other related instrumentalities from implementing [provisions under Republic Act 9189 or the Overseas Absentee Voting Act which prohibits campaigning abroad during the 30-day overseas voting period] except within Philippine embassies, consulates and other posts where overseas voters may exercise their right to vote…where partisan political activities shall still be prohibited until further orders from the court,” the high court said.

ADVERTISEMENT

In the same resolution, the high court also ordered Comelec to comment on the petition filed by Filipino-American businesswoman Loida Nicolas-Lewis.

READ: Fil-Am leader bats for freedom to campaign overseas

FEATURED STORIES

She said the prohibition under RA9189 and Section 74 (2) (8) of Comelec Resolution No. 10035 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.

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

In reaction to the TRO, Lewis said “thanks be to God and to the Justices of the Supreme Court! Filipinos abroad can now campaign without fear. Bravo to Ateneo Human Rights Center lead by Atty. Ray Paolo Santiago! They burned the midnight oil to finish the legal papers over the weekend. A big win for Filipinos Overseas!” Lewis heads both the US Pinoys for Good Governance (USPGG) and the Global Filipino Diaspora Council (GDDP).

Lewis has been personally campaigning for good governance and the Mar Roxas-Leni Robredo tandem and had presented in over 25 cities in the US, Europe and Asia. CDG

ADVERTISEMENT
Read Next
LATEST STORIES
MOST READ
Don't miss out on the latest news and information.
View comments

Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. Call 896 6000.

TAGS: Ateneo Human Rights Center, Campaign, comelec, Commission on Elections, Elections 2016, embassy, Filipinos, Global Filipino Diaspora Council (GDDP), overseas, Overseas Absentee Voting Act, Supreme Court, US Pinoys for Good Governance (USPGG)
For feedback, complaints, or inquiries, contact us.
entertainment

Barbie on JM: We’re still not ok with each other

May 20, 2019 12:07 AM

entertainment

Benjamin Alves living with grief

May 20, 2019 12:05 AM

entertainment

How Bailey May handles flirty girls

May 20, 2019 12:04 AM




© Copyright 1997-2019 INQUIRER.net | All Rights Reserved

We use cookies to ensure you get the best experience on our website. By continuing, you are agreeing to our use of cookies. To find out more, please click this link.