MANILA, 22 February 2003 — Overseas Filipino Workers (OFWs) will not be affected by the case filed by a prominent election lawyer with the Supreme Court in connection with the absentee voting law, an advocacy group has said.
Representatives of the International Coalition for Overseas Filipino Voting Rights (ICOFVR) in Manila, led by Ellene Sana of Kakammpi, said the suit is aimed only at Filipino immigrants or those permanenty residing in other countries.
Romulo Macalintal’s suit asked the Supreme Court to void three provisions of the newly passed law to make it consistent with the Philippine Constitution.
He said the provision allowing Filipino immigrants or permanent residents in other countries to vote in absentia in a Philippine election violates the residency qualification provided under the Constitution.
Section 1, Article 5 of the 1987 Constitution states that a Filipino citizen may vote in Philippine elections if he has lived in the Philippines for at least one year and in the place where he proposes to vote for at least six months immediately before the election.
Macalintal said this should disqualify immigrants and permanent residents of other countries from voting, but not the contract workers — OFWs — who are temporary residents outside the Philippines.
Ellene Sana of ICOFVR said they have retained the services of prominent lawyers to help Solicitor General Simeon Marcelo argue the case of immigrants.
Overseas Filipino Pearl Gauzon-Garganera, who is on vacation from Washington DC, will also assist them, Sana said. “This is, more or less, expected to happen ... either someone questions the inclusion of immigrants or the immigrants question their exclusion .... either way, it is the Supreme Court that will settle the residency question, once and for all....,” she said.
