Title

Nicolas-Lewis vs. Commission on Elections

Case
G.R. No. 223705
Ponente
N/A
Decision Date
Apr 19, 2016
The Court partially granted a temporary restraining order against the Commission
on Elections, restraining them from implementing certain provisions that would
allow partisan political activities within Philippine Embassies, Consulates, and
other Posts, in order to protect the rights of overseas voters and maintain the
integrity of the Overseas Absentee Voting System.

Comprehensive Facts Index

1. The petitioner in the case is Loida Nicolas-Lewis.

2. The respondent in the case is the Commission on Elections (COMELEC).
3. The Court en banc issued a Resolution on April 19, 2016, in response to the Petition for
Certiorari with Urgent Application for Temporary Restraining Order and/or Writ of
Preliminary Injunction filed by Nicolas-Lewis.
4. The Court did not give due course to the petition.
5. The Court required the respondent, COMELEC, to comment on the petition within a
non-extendible period of five days from notice.
6. The Court partially granted the application for a temporary restraining order (TRO).
7. The TRO was effective immediately and would continue until further orders from the
Court.
8. The TRO enjoined COMELEC, its deputies, and other related instrumentalities from
implementing certain provisions.
9. The provisions restrained from implementation are: (i) Section 36.8 of Republic Act No.
9189, as amended by Republic Act No. 10590; and (ii) Section 74 (II) (8) and other
related provisions of COMELEC Resolution No. 10035 dated January 13, 2016.
10. The TRO does not apply within Philippine Embassies, Consulates, and other Posts
where overseas voters may exercise their right to vote pursuant to the Overseas
Absentee Voting System.
11. Partisan political activities shall still be prohibited in these locations until further orders
from the Court.
12. The Court ordered that copies of the resolution and the TRO be personally served on
the parties involved.
13. The Clerk of Court, Felipa B. Anama, issued the notice and the TRO on behalf of the
Court.
14. The TRO was addressed to the Commission on Elections, specifically to the Palacio Del
Gobernador Building in Intramuros, Manila.

Facts:
 Case: Nicolas-Lewis v. Commission on Elections
 Date: April 19, 2016
 Petitioner: Loida Nicolas-Lewis
 Respondent: Commission on Elections (COMELEC)
 Court issued a Resolution in response to the Petition for Certiorari with Urgent
Application for Temporary Restraining Order and/or Writ of Preliminary Injunction filed
by Nicolas-Lewis
 Court partially granted the application for a temporary restraining order (TRO)
 COMELEC was enjoined from implementing certain provisions of Republic Act No. 9189
and COMELEC Resolution No. 10035, except within Philippine Embassies, Consulates,
and other Posts where overseas voters may exercise their right to vote

Issue:
 Whether the COMELEC should be restrained from implementing certain provisions of
Republic Act No. 9189 and COMELEC Resolution No. 10035

Ruling:
 The Court partially granted the application for a temporary restraining order
 COMELEC was enjoined from implementing the following provisions:
 Section 36.8 of Republic Act No. 9189, as amended by Republic Act No. 10590
 Section 74 (II) (8) and other related provisions of COMELEC Resolution No. 10035
dated January 13, 2016, except within Philippine Embassies, Consulates, and other
Posts where overseas voters may exercise their right to vote pursuant to the Overseas
Absentee Voting System
 Partisan political activities were still prohibited within these locations until further orders
from the Court

Ratio:
 The Court's decision to issue a temporary restraining order was based on the Petition
for Certiorari filed by Nicolas-Lewis
 The Court found it necessary to temporarily restrain the COMELEC from implementing
certain provisions of Republic Act No. 9189 and COMELEC Resolution No. 10035
 The temporary restraining order was issued to protect the rights of overseas voters and
to ensure that partisan political activities were prohibited within Philippine Embassies,
Consulates, and other Posts
 The Court's decision aimed at maintaining the integrity of the Overseas Absentee Voting
System and upholding the principles of fair and free elections.

Case Background and Petition

 The case is Nicolas-Lewis v. Commission on Elections.
 The petitioner is Loida Nicolas-Lewis.
 The petitioner filed a Petition for Certiorari with Urgent Application for Temporary
Restraining Order and/or Writ of Preliminary Injunction.
 The Supreme Court required the respondent, COMELEC, to comment on the petition
within a non-extendible period of five days from notice.

Temporary Restraining Order (TRO)

 The Supreme Court partially granted the application for a temporary restraining order
(TRO).
 The TRO was effective immediately and would continue until further orders from the
Court.
 The TRO enjoined COMELEC, its deputies, and other related instrumentalities from
implementing certain provisions of Republic Act No. 9189 and COMELEC Resolution
No. 10035.
 The TRO only allowed the implementation of these provisions within Philippine
Embassies, Consulates, and other Posts where overseas voters may exercise their right
to vote.
 Partisan political activities were still prohibited within these locations until further orders
from the Court.

Service of Resolution and TRO

 The Court ordered that copies of the resolution and the TRO be personally served on
the parties involved.
 The respondent, COMELEC, was specifically addressed in the TRO and was enjoined
from implementing the mentioned provisions until further orders from the Court.

Overall Outcome
 The Supreme Court issued a TRO in response to the petition filed by Loida Nicolas-
Lewis.
 The TRO enjoined COMELEC from implementing certain provisions of Republic Act No.
9189 and COMELEC Resolution No. 10035, except within Philippine Embassies,
Consulates, and other Posts where overseas voters may exercise their right to vote.