ELECTION LAW CASES

POWER TO REGULATE ELECTION LAWS

MACALINTAL vs. COMELEC

Facts:
Romulo Macalintal, as a lawyer and a taxpayer,
questions the validity of the Overseas Absentee Voting
Act of 2003 (R.A. 9189). He questions the validity of
the said act on the following grounds, among others:
1. That the provision that a Filipino already
considered an immigrant abroad can be allowed
to participate in absentee voting provided he
executes an affidavit stating his intent to return
to the Philippines is void because it dispenses of
the requirement that a voter must be a resident
of the Philippines for at least one year and in the
place where he intends to vote for at least 6
months immediately preceding the election;
2. That the provision allowing the Commission on
Elections (COMELEC) to proclaim winning
candidates insofar as it affects the canvass of
votes and proclamation of winning candidates
for president and vice-president, is
unconstitutional because it violates the
Constitution for it is Congress which is
empowered to do so.

ISSUE: Whether or not Macalintals arguments are

correct.
HELD: No.
1. There can be no absentee voting if the absentee
voters are required to physically reside in the
Philippines within the period required for nonabsentee voters. Further, as understood in
election laws, domicile and resident are
interchangeably used. Hence, one is a resident
of his domicile (insofar as election laws is
concerned). The domicile is the place where one
has the intention to return to. Thus, an
immigrant who executes an affidavit stating his
intent to return to the Philippines is considered a
resident of the Philippines for purposes of being
qualified as a voter (absentee voter to be
exact). If the immigrant does not execute the
affidavit then he is not qualified as an absentee
voter.
2. The said provision should be harmonized. It
could not be the intention of Congress to allow
COMELEC to include the proclamation of the
winners in the vice-presidential and presidential
race. To interpret it that way would mean that
Congress allowed COMELEC to usurp its power.
The canvassing and proclamation of the
presidential and vice presidential elections is
still lodged in Congress and was in no way

transferred to the COMELEC by virtue of RA

9189.

PURPOSE OF ELECTION LAWS

MACQUILING vs. COMELEC