A. B. C. D.

Constitutional Law 1 Suffrage Akbayan v Comelec Digest Prepared by: Jose Janello A. Covarrubias, Group 3 March 2 , 2!!" Parties # Petitioner $s: A%&A'A(#'outh, et al. # )espondent $s: C*M+,+C # Ponente: &uena, J.

E.

Backgroun ! (ature and Case -istory Case is a petition .or certiorari and /anda/us against resolution o. C*M+,+C not to e0tend ne1 voters2 registration dates to 3ebruary "4 and "5, 2!!" ". "acts of t#e Case 3our /illion ne1 voters, /ostly belonging to the youth sector, .ailed to register by the Dece/ber 24, 2!!! deadline set by C*M+,+C. C*M+,+C in a resolution denied a re6uest .or a t1o# day additional registration o. ne1 voters on grounds that it violates 7ection 5 o. )A 5"58 1hich e0plicitly provides that no registration shall be conducted during the period starting one hundred t1enty 9"2!: days be.ore a regular election and that the Co//ission has no /ore ti/e le.t to acco/plish all pre#election activities. -ence, this petition see;s the 7C to declare said resolution unconstitutional and that the C*M+,+C acted in grave abuse o. discretion because said resolution e..ectively disen.ranchise .our /illion voters .ro/ e0ercising their .unda/ental right to vote. $. %ssue&s ". <*( C*M+,+C acted in grave abuse 2. <*( Manda/us can be i/posed

'.

(atio Deci en i # (*. )ight to 7u..rage is not absolute and is sub=ect to procedural re6uire/ents. )egistration is one o. these re6uire/ents and is an indispensable precondition in the e0ercise o. said right. >t is the right o. the 7tate in the e0ercise o. its police po1er to ensure the conduct o. an honest, peace.ul, and orderly election and it lies 1ell 1ithin the 1isdo/ o. the C*M+,+C to i/ple/ent la1s that 1ill ensure such goal. ?he la1 can not as; C*M+,+C to do the i/possible and >t is an accepted doctrine in ad/inistrative la1 that the deter/ination o. ad/inistrative agency as to the operation, i/ple/entation and application o. a la1 1ould be accorded great 1eight considering that these speciali@ed govern/ent bodies are, by their nature and .unctions, in the best position to ;no1 1hat they can possibly do or not do, under prevailing circu/stances. -ence the 7upre/e Court ruled that the C*M+,+C did not act 1ith grave abuse o. discretion a/ounting to lac; or e0cess o. =urisdiction. ?his is besides the .act that petitioners ca/e to the 7upre/e Court 1ith Aunclean handsB .or being indolent in their .ailure to register. # (*. Manda/us is re/edy .or the per.or/ance o. /inisterial duty only and not discretionary ones. >n the absence o. grave abuse, 7upre/e Court can not rule on errors and e0ercise its corrective po1ers. %. Decision Petition Denied

A. Consti % ! )n Suffrage &. *acalintal vs. Commision on Elections Digest Prepared by: ;ring @a/ora Group 3 C. July "! 2!!3 D. Parties # # Petitioner: Atty )o/ulo &. Macalintal )espondent$s: C*M+,+C, Alberto )o/ulo as +0ecutive 7ecretary C +/ilia &oncodin as 7ecretary o. Dept o. &udget C Mgt # Ponente: Austria#Martine@

violate the constitutional /andate under 7ec G Art F>> o. the Consti that the 1inning candidates .or Pres C FP shall be proclai/ed as 1inners by CongressE c: May Congress, through the Joint Congressional *versight Co//ittee 9J*CC: created in 7ec 2D o. )A 8"58, e0ercise the po1er to revie1, revise, a/end C approve the >/ple/enting )ules C )egulations that the C*M+,+C shall pro/ulgate 1$o violating the independence o. the C*M+,+C contained in 7ec " Art >H#A o. the ConstiE -. )atio Decidendi ": Preli/inary >ssues

+. &ac;ground: a (ature Case is a special civil action in the 7C, certiorari and prohibition 3. 3acts o. the Case )o/ulo Macalintal, la1yer, is see;ing a declaration that certain provisions o. (e+ublic Act ,1-,. /#e )verseas Absentee 0oting Act of 1223 su..er .ro/ constitutional in.ir/ity. G. >ssue$s ". a: b: Preli/inary >ssue$s <*( Macalintal, as a la1yer C ta0payer, is a properly interested party in the case at bar <*( the petition is pre/ature, C there.ore, non# =usticiable, since there are no actual cases proceeding in any court 2. a: 7ubstantive >ssue$s Does 7ec Dd o. )A 8"58 allo1ing the registration o. voters 1ho are i//igrants or per/anent residents in other countries by their /ere act o. e0ecuting an a..idavit e0pressing their intention to return to the P>, violate the residency re6uire/ent in 7ec " o. Art D o. the ConstitutionE b: Does 7ec "5.D o. )A 8"58 e/po1ering the C*M+,+C to proclai/ the 1inning candidates .or national o..ices and partylist representatives including the President C the FP

a: '+7, Macalintal is a properly interested party. ?a0payers such as the petitioner have the right to restrain o..icials .ro/ 1asting public .unds through the en.orce/ent o. a la1 1c /ay be unconstitutional. Public .unds used in e0ecuting o. an unconstitutional act constitutes a /isapplication o. such .unds. ?he challenged provision o. la1 involves a public right that a..ects a great nu/ber o. citi@ens, an issue o. transcendental signi.icance to the 3il people. b: (*, the petition is not pre/ature. Although there are no ongoing proceedings re: the sub=ect la1, once a controversy as to the application$interpretation o. constitutional provision is raised be.ore this Court 9as in this case:, it beco/es a legal issue 1c the Court is duty# bound to decide. 2: 7ubstantive >ssues a: 4). 7ec Dd o. )A 8"58 is (*? constitutionally de.ective. 7ec Dd o. )A 8"58 speci.ically dis6uali.ies an i//igrant or per/anent resident 1ho is recogni@ed as such in the host country bec i//igration or per/anent residence in another country i/plies renunciation o. one2s residence in his country o. origin. -o1ever, the very sa/e section allo1s an i//igrant Cper/anent resident abroad to register as voter .or as long as he e0ecutes an a..idavit to sho1 that he has not abandoned his do/icile in pursuance o. the constitutional intent e0pressed in 7ecs "C2 o. ArtD that all citi@ens o. the Pi not other1ise dis6uali.ied by la1 /ust be entitled to e0ercise the right o. su..rage C that Congress /ust establish a syste/ .or absentee voting. 'a t#e framers of t#e Consti5s really inten e to re6uire actual +#ysical resi ence in t#e P%.

t#en t#ey woul

not #ave establis#e

a system for

o o

?he phrase Aonly upon revie1 C approval o. the J*CCB seen in 7ec "4." )A 8"58 ?he 2nd sentence o. 7ec "8 o. )A 8"58 1c states that A?he >/ple/enting )ules C )egulations shall be sub/itted to the Joint Congressional *versight Co//ittee created by virtue o. this Act .or prior approval.B

absentee voting in t#e Consti itself. ?he strategic location o. 7ec 2 proves this point. ?he intention o. the Constitutional Co//ission is to en.ranchise as /uch as possible all 3il citi@ens abroad 1ho have not abandoned their do/icile o. origin. /#e 6ualifications of voters as state E7CEP/ for t#e resi ency mont#&one9year resi ency. ?he e0ecution o. the /entioned a..idavit is not the enabling act. ?he a..idavit in 7ec Dd is not only proo. o. the intention o. the i//igrant or per/anent resident to go bac; and resu/e residency in the P> but /ore signi.icantly, it serves as an e0plicit e0pression that he had in .act not abandoned his do/icile o. origin. ?he said a..idavit is re6uired to give choice to the voters. ?hus, i//igrants or per/anent residents recogni@ed as such in their host countries, to be able to vote, are re6uired : ": an a..idavit pro/ising to resu/e actual physical per/anent residence in the P> not later than 3yrs .ro/ approval o. his voter2s registration 2: that they have not applied .or citi@enship in another country b: ;ES&4). +artial. ?he constitutionality o. sec "5.D o. )A 8"58 is upheld 1$ respect *(,' to the authority given to the C*M+,+C to proclai/ the 1inning candidates .or the 7enators C party#list reps, &I? (*? as to the po1er to canvass the votes C proclai/ the 1inning candidates .or Pres C FP 1c is lodged 1$ Congress under 7ecG ArtF>> o. the Consti. c: 4), the Congress, through the J*CC shall violate the independence o. the C*M+,+C. An independent constitutional body li;e the C*M+,+C /ay not be sub=ect to inter.erence by any govt instru/entality C only the Court /ay revie1 its rules in cases only 1ere there is grave abuse o. discretion. ?he .ollo1ing portions o. )A 8"58 are declared F*>D .or being I(C*(7?>?I?>*(A,: o ?he phrase Asub=ect to the approval o. the J*CCB seen in 7ec "4." o. )A 8"58 J. Appendi0: >. Decision in Sec 1 remain. of 89 o re6uirement

?he sentence in 7ec 2D o. )A 8"58 1c states that the J*CC shall Arevie1, revise, a/end and approve the >/ple/enting )ules and )egulations pro/ulgated by the Co//ission.B

Petition partly granted.

7ec Dd o. )A 8"58: An i//igrant or a per/anent resident 1ho is recogni@ed as such in the host country, unless he$she e0ecutes, upon registration, an a..idavit prepared .or the purpose by the Co//ission declaring that he$she shall resu/e actual physical per/anent residence in the Philippines not later than three 93: years .ro/ approval o. his$her registration under this Act. 7uch a..idavit shall also state that he$she has not applied .or citi@enship in another country. 3ailure to return shall be the cause .or the re/oval o. the na/e o. the i//igrant or per/anent resident .ro/ the (ational )egistry o. Absentee Foters and his$her per/anent dis6uali.ication to vote in absentia. 7ec " o. Art D o. the J854 Consti: 7u..rage /ay be e0ercised by all citi@ens o. the Philippines not other1ise dis6uali.ied by la1, 1ho are at least eighteen years o. age, and 1ho shall have resided in the Philippines .or at least one year, and in the place 1herein they propose to vote, .or at least si0 /onths i//ediately preceding the election. (o literacy, property, or other substantive re6uire/ent shall be i/posed 7ec "5.D o. )A 8"58 ?he canvass o. votes shall not cause the delay o. the procla/ation o. a 1inning candidate i. the outco/e o. the election 1ill not be a..ected by the results thereo.. (ot1ithstanding the .oregoing, the Co//ission is e/po1ered to order the procla/ation o. 1inning candidates despite the .act that the scheduled election has not ta;en place in a particular country or countries, i. the holding o. elections therein has been rendered i/possible by events, .actors and circu/stances peculiar to such country or countries, and 1hich

events, .actors and circu/stances are beyond the control or in.luence o. the Co//ission. 7ec G Art F>> o. the Consti ?he returns o. every election .or President and Fice#President, duly certi.ied by the board o. canvassers o. each province or city, shall be trans/itted to the Congress, directed to the President o. the 7enate. Ipon receipt o. the certi.icates o. canvass, the President o. the 7enate shall, not later than thirty days a.ter the day o. the election, open all the certi.icates in the presence o. the 7enate and the -ouse o. )epresentatives in =oint public session, and the Congress, upon deter/ination o. the authenticity and due e0ecution thereo. in the /anner provided by la1, canvass the votes. ?he person having the highest nu/ber o. votes shall be proclai/ed elected, but in case t1o or /ore shall have an e6ual and highest nu/ber o. votes, one o. the/ shall .orth1ith be chosen by the vote o. a /a=ority o. all the Me/bers o. both -ouses o. the Congress, voting separately. ?he Congress shall pro/ulgate its rules .or the canvassing o. the certi.icates. 7ec "4." o. )A 8"58 . 3or the May, 2!!G elections, the

%t s#all review. revise. amen an a++rove t#e %m+lementing (ules an (egulations +romulgate by t#e Commission. Art >H#A o. the Consti ?he Constitutional Co//issions, 1hich shall be independent, are the Civil 7ervice Co//ission, the Co//ission on +lections, and the Co//ission on Audit.

Co//ission shall authori@e voting by /ail in not /ore than three 93: countries, sub<ect to t#e a++roval of t#e Congressional )versig#t CommitteeK voting by mail in any country s#all be allowe only u+on review an a++roval of t#e =oint Congressional )versig#t Committee. 7ec "8 o. )A 8"58 Authority o. the Co//ission to Pro/ulgate )ules. L ?he Co//ission shall issue the necessary rules and regulations to e..ectively i/ple/ent the provisions o. this Act 1ithin si0ty 9 !: days .ro/ the e..ectivity o. this Act . /#e %m+lementing (ules an (egulations s#all be submitte to t#e =oint Congressional )versig#t Committee create by virtue of t#is Act for +rior a++roval. >n the .or/ulation o. the rules and regulations, the Co//ission shall coordinate 1ith the Depart/ent o. 3oreign A..airs, Depart/ent o. ,abor and +/ploy/ent, Philippine *verseas and +/ploy/ent Ad/inistration, *verseas <or;ers2 <el.are Ad/inistration and the Co//ission on 3ilipinos *verseas. (on#govern/ent organi@ations and accredited 3ilipino organi@ations or associations abroad shall be consulted. 7ec 2D o. )A 8"58 Joint Congressional *versight Co//ittee. L A Joint Congressional *versight Co//ittee is hereby created, co/posed o. the Chair/an o. the 7enate Co//ittee on Constitutional A/end/ents, )evision o. Codes and ,a1s, and seven 94: other 7enators designated by the 7enate President, and the Chair/an o. the -ouse Co//ittee on 7u..rage and +lectoral )e.or/s, and seven 94: other Me/bers o. the -ouse o. )epresentatives designated by the 7pea;er o. the -ouse o. )epresentatives: Provided, ?hat, o. the seven 94: /e/bers to be designated by each -ouse o. Congress, .our 9G: should co/e .ro/ the /a=ority and the re/aining three 93: .ro/ the /inority. ?he Joint Congressional *versight Co//ittee shall have the po1er to /onitor and evaluate the i/ple/entation o. this Act.