MACALINTAL vs COMELEC

Petitioner:
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.
3. May Congress, through the Joint Congressional Oversight Committee created in Section 25 of
Rep. Act No. 9189, exercise the power to review, revise, amend, and approve the Implementing
Rules and Regulations that the Commission on Elections shall promulgate without violating the
independence of the COMELEC under Section 1, Article IX-A of the Constitution.

Respondent:
Respondent COMELEC refrained from commenting on this issue.

Supreme Court:

1. There can be no absentee voting if the absentee voters are required to physically reside in the
Philippines within the period required for non-absentee 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.
3. Congress did not have the power to approve, review, amend and revise the implementing Rules
and Regulation for RA 9189 as it is the discretion of Comelec to do so under the Constitution.

WHEREFORE, the petition is partly GRANTED. The following portions of R.A. No. 9189 are
declared VOID for being UNCONSTITUTIONAL:

a) The phrase in the first sentence of the first paragraph of Section 17.1, to wit: subject
to the approval of the Joint Congressional Oversight Committee;

b) The portion of the last paragraph of Section 17.1, to wit: only upon review and
approval of the Joint Congressional Oversight Committee;

c) The second sentence of the first paragraph of Section 19, to wit: The Implementing
Rules and Regulations shall be submitted to the Joint Congressional Oversight
Committee created by virtue of this Act for prior approval; and

d) The second sentence in the second paragraph of Section 25, to wit: It shall review, revise,
amend and approve the Implementing Rules and Regulations promulgated by the
Commission of the same law;

for being repugnant to Section 1, Article IX-A of the Constitution mandating the
independence of constitutional commission, such as COMELEC.
The constitutionality of Section 18.5 of R.A. No. 9189 is UPHELD with respect only to the
authority given to the COMELEC to proclaim the winning candidates for the Senators and party-
list representatives but not as to the power to canvass the votes and proclaim the winning
candidates for President and Vice-President which is lodged with Congress under Section 4,
Article VII of the Constitution.
The constitutionality of Section 5(d) is UPHELD.
Pursuant to Section 30 of R.A. No. 9189, the rest of the provisions of said law continues to
be in full force and effect.
SO ORDERED.