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Macalintal v.
COMELEC G.R. No. 157013 – July 10, 2003 J. Austria-Martinez
FACTS: 1. Petitioner assails RA 9189, entitled, "An Act Providing for A System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad, Appropriating Funds Therefor, and for Other Purposes," as unconstitutional. a. He argues that the law violates the mandate under Section 4, Article VII of the Constitution which provides that Congress shall proclaim the winning candidates for President and Vice-President. b. He also challenges the validity of the Joint Congressional Oversight Committee because it violates the independence of the COMELEC under Section 1, Article IX-A of the Constitution.
ISSUES + HELD: 1. W/N Section 4, Article VII of the Constitution is violated – YES. o Section 18 of RA 9189 provides that “the Commission is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not taken place in a particular country or countries, if the holding of elections therein has been rendered impossible by events, factors and circumstances peculiar to such country or countries, in which events, factors and circumstances are beyond the control or influence of the Commission” This appears to be repugnant to Section 4, Article VII of the Constitution as said Section totally disregarded the authority given to Congress by the Constitution to proclaim the winning candidates for the positions of president and vice-president. o Congress could not have allowed the COMELEC to encroach “on the power of Congress to canvass the votes for president and vice-president and the power to proclaim the winners for the said positions.”
2. W/N Section 1, Article IX-A of the Constitution is violated – YES.
o Among others, RA 9189 provides that “[t]he Joint Congressional Oversight Committee shall have the power to monitor and evaluate the implementation of this Act. It shall review, revise, amend and approve the Implementing Rules and Regulations promulgated by the Commission.” o Once a law is enacted and approved, the legislative function is deemed accomplished and complete. The legislative function may spring back to Congress relative to the same law only if that body deems it proper to review, amend and revise the law, but certainly not to approve, review, revise and amend the IRR of the COMELEC. o By vesting itself with the powers to approve, review, amend, and revise the IRR for The Overseas Absentee Voting Act of 2003, Congress went beyond the scope of its constitutional authority. Congress trampled upon the constitutional mandate of independence of the COMELEC
RULING: RA 9189’s provisions which violate the Constitution are struck down. Otherwise, the law is constitutional and valid.
