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JOKER
P. ARROYO
SENATOR
VOTE AGAINST THE BICAMERAL CONFERENCE REPORT
ON THE ABSENTEE VOTING BILL
By: JOKER P. ARROYO
No one
can argue agaist a system for absentee voting
by qualified Filipinos abroad because the Constitution
in these words so mandate it.
But
in doing so, Congress must adhere to what the Constitution
requires. The Constitution says in clear positive language
that suffrage may be exercised by Filipinos xxx
who shall have resided in the Philippines for at least
one year and in the place wherein they propose to vote
for at least six months immediately preceding the election.
Thus,
Filipinos who are temporarily residing abroad such as
OFWs and others who work, study, or visit, are qualified
to vote as absentee voters because their stay abroad
is temporary. In fact, they have homes here and their
families are here.
However,
Filipinos who are permanent residents of a foreign country
like green card holders in the United States cannot
qualify as absentee voters. They have sworn under oath
under the laws of their host country that they will
permanently live in that country. Thus, they have homes
and families there.
Yet
the Bicameral Conference Report would allow a permanent
resident (e.g. green card holder) to vote if he executes
an affidavit at the time he registers the he shall return
to the Philippines and live permanently here within
3 years.
A promise
to return traduces the Constitution. Why? Because what
is required of a voter is that he shall have resided
in the Philippines for at least one year immediately
preceding the election. In plain language, the
voter must reside in the Philippines a year before the
election, not after the election.
The
promise to live permanently underscores the fact that
the voter is not an actual resident of the Philippines
and therefore, ineligible to vote.
Congress
is duty bound to enact laws that are constitutional.
For
this reason, among others, I cast a negative vote.
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