MACALINTAL v COMELEC (2003)

FACTS:

1. This petition of Macalintal is all about contending the constitutionality of RA No. 9189 (The
Overseas Absentee Voting Act of 2003)

ISSUE/S:

A. Does Section 5(d) of Rep. Act No. 9189 allowing the registration of voters who are immigrants or
permanent residents in other countries by their mere act of executing an affidavit expressing their
intention to return to the Philippines, violate the residency requirement in Section 1 of Article V of the
Constitution?

B. Does Section 18.5 of the same law empowering the COMELEC to proclaim the winning candidates for
national offices and party list representatives including the President and the Vice-President violate the
constitutional mandate under Section 4, Article VII of the Constitution that the winning candidates for
President and the Vice-President shall be proclaimed as winners by Congress?

C. 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?

RULING:

Issue No. 1: NO it is not unconstitutional

Petitioner states:

It is unconsti because it violates Section 1 Article V of the Consti. That voters must be a resident
in the Philippines for at least 1 year and in the place where he proposes to vote for at least 6 mos
immediately preceding an election. ;; The right of suffrage he continues, must not be granted to
those na hindi sakop daw ng Consti.
The mere act of executing an affidavit to qualify is unconstitutional.

RA No. 9189

Section 5(d) provides of RA No. 9189:

An immigrant or a permanent resident who is recognized as such in the host country, unless he/she
executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that
he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years
from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not
applied for citizenship in another country. Failure to return shall be cause for the removal of the name of
the immigrant or permanent resident from the National Registry of Absentee Voters and his/her
permanent disqualification to vote in absentia.

RA No. 9189 was created to the mandate of Section 2, Article V of the Consti that Congress shall provide
a system for voting by qualified Filipinos abroad. This refers to the absentee votee (separate and distinct
from the regular system of voting, it was devised to accommodate those engaged in the military or civil
life bc it is impracticable for them to attend the polling places of election at the day itself)

Absentee under our election laws still remains attached to his residence (because GR is bawal ang
both resident and absentee, pero in the PH yes pwede)
o Therefore: residence is synonymous with domicile
Discussion of Domicile and residency (Romuladez-Marcos case)
o In short: Residence has intent to leave when the purpose for the residence (now) is done,
if he wishes to remain, then it can become his domicile.
o One domicile but can have many residence.

With the residence-domicile thingy happening, diba may mga Filipinos tayo abroad (the domiciliary legal
tie) kaya nga na-create ang overseas absentee voting. This is created for the purpose that suffrage shall
be exercised by all citizens of the PH otherwise, disqualified by law.

CLARIFICATIONS DURING CONGRESSIONAL DELIBERATIONS

1. Qualified overseas Filipinos (absentee voters in general)

a. These people are considered those who may leave the place of his birth for greener
pastures with the decision to return his native town but he cannot absent himself from
his place of profession or business activities (accdg. To Fr. Bernas)
b. Only includes those abroad (not in the PH) but not transient voters (in the PH but different
place from their domicile of origin)
c. This is constitutional because the “qualified overseas Filipinos” pertain to those na
presumed to be qualified under the Constitution and does not have any
disqualifications. Kaya nga qualified! The only thing that differentiates them from
Filipinos in the PH is nasa abroad sila. = “qualified Filipino citizens temporarily abroad”
d. Instances that may happen:
i. What if a Filipino temporarily went to US sakto sa date ng elections, can he still
be applicable under the said “qualified overseas Filipinos” = need not be on very
short trips sabi ni Mr. Monsod but the Congress may provide for such procedure
(under the wisdom of Congress ito pero pwede sabi niya)
 ii. Filipino residing abroad, at least 18, not disqualified by law, not reliqunished his
PH citizenship and not actually abandoned his intentions to return to PH which is
his domicile of origin = he is to vote in Philippine embassy, consulate or other
foreign service establishments of the place which has jurisdiction over the
country where he/she has indicated his/her address for purposes of the elections,
while providing for safeguards to a clean election.

2. Permanent immigrants (green-card holders)

a. Still pwede under RA No. 9189 because Section 2 of Article V that authorizes absentee
voting is an exception to the requirement of 6 mos/one-year residencey requirement of
a voter.
b. They are included in Sec 4 of RA No. 9189 because it does not require for a physical
residency in the Philippines (take note: residence=domicile, here)
c. It also gives them the opportunity (not an obligation to relinquish their citizenship) to go
back to the PH, if they want.

THEREFORE, Section 5(d) of RA No. 9189 = CONSTITUTIONAL

o It pertains only to the SYSTEM by which the qualified overseas Filipinos can vote
o The affidavit must be executed to show that he has not abandoned his domicile in
pursuance of the constitutional intent expressed in Secs 1 and 2 of Art V of the Consti.
The affidavit further shows the intent of the immigrant to resume residency in
the PH and it is an explicit expression that he has not yet abandoned his domicile
of origin.
Because without the affidavit, it is presumed that qualified Filipinos abroad have
already relinquished their intent to return in the Philippines.
o The requirements listed in the said Section 5(d) is needed to be complied of in order for
the absentee voter to vote (see the section 5(d))
o What will happen is an immigrant after voting as an absentee voter shall opt to remain in
his host country beyond the third year from the execution of the affidavit = Courts do not
have to deal with this matter, legislative’s wisdom ito.

Issue No. 2: YES it is unconstitutional

“Section 18.5 of R.A. No. 9189 appears to be repugnant to Section 4, Article VII of the Constitution only
insofar 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.” this is because under our
Constitution, Congress has the power to canvass the votes for pres, vp and they also have the power to
proclaim the said winners which in this case, Section 18.5 of RA No. 9189 violated the Constitution.

But the proclamation of winners (!!!) is lodged to the COMELEC (sinabi na lang sa baba, sa huli na ng
decision)
Issue No. 3: Yes it is unconstitutional

In the said RA No. 9189, there is a creation of Joint Congressional Oversight Committee which has the
power to review, revise, amend and approve the Implementing Rules and Regulations promulgated by
the COMELEC.

COMELEC is an independent body under Sec 1 Art. IX-A of the Constitution. Therefore Secs 19 and 25
(creation of the oversight committee) of the said RA is unconstitutional because they transgress the
independence granted by the Constitution to COMELEC. There shall be no other inference made by
another department/ govt instrumentality. It is not wrong for the Congress to extend its powers to
exercise its supervisory authority to COMELEC. Therefore, Congress went beyond their Constitutional
authority.

Reference:

Constitution

Under the Section 2 of Article V of the Constitution these are the people who can vote:

(1) all citizens of the Philippines,

(2) not otherwise disqualified by law,

(3) at least eighteen years of age,

(4) who are residents in the Philippines for at least one year and in the place where they propose to vote
for at least six months immediately preceding the election.