Download now
Details:
A request for certiorari and forbidance filed by Romulo Macalintal, a memer of the Filipino Bar, seeking a announcement that certain procedures of RA 9189 (The Overseas Absentee Voting Act of 2003) suffer from constitutional infirmity. He claimed that he features actual and material legal interest in the topic matter of the case in finding to it that community funds are properly and lawfully utilized and appropriated, petitioner recorded this petition as a taxpayer and as attorney. R. A. No . 9189, entitled, “An Act Rendering for A Approach to Overseas Absentee Voting by simply Qualified Residents of the Korea Abroad, Appropriating Funds Therefor, and for Different Purposes, appropriates money under Section 29 thereof which provides which a supplemental finances on the Basic Appropriations Action of the yr of it is enactment in to law shall provide for the required amount to perform its provisions.
Petitioner raises three main questions to get contention:
* That Section 5(d) of R. A. No . 9189 allowing the registration of voters, whom are foreign nationals or long term residents in other countries, by their simple act of executing a great affidavit conveying their purpose to return to the Philippines, violates the residency requirement in Art.
V, Securities and exchange commission’s. 1 of the Metabolism; * That Section 18. 5 of the identical law empowering the COMELEC to say the successful candidates to get national office buildings and party list staff, including the President and the Vice-President, violates the constitutional mandate under Artwork. VII, Securities and exchange commission’s. 4 in the Constitution that the winning applicants for President and Vice-President shall be proclaimed as champions only by Congress; and * That Section 25 of the same rules, allowing Our elected representatives (through the Joint Congressional Oversight Panel created in the same section) to physical exercise the power to examine, revise, amend, and say yes to the Applying Rules and Regulations (IRR) that the COMELEC shall promulgate, violates the independence of the COMELEC beneath Art. IX-A, Sec. 1 of the Constitution.
Issue:
1 . Whether or not Section 5(d) of L. A. No . 9189 violates Art. V, Sec. one of the Constitution. installment payments on your Whether or not Section 18. a few of L. A. Number 9189 violates Art. VII, Sec. some of the Metabolism. 3. Regardless of whether Section twenty-five of R. A. Number 9189 violates Art. IX-A, Sec. 1 of the Constitution Judgment:
1 . Not any, Sec 5(d) is valid. The Court docket has relied on the conversations of the users of the Constitutional Commission around the topics of absentee voting and absentee voter certification, in connection with Securities and exchange commission’s. 2, Skill. V in the Constitution, which reads: “Sec. 2 . The Congress shall provide a system for protecting the secrecy and sanctity of the boule as well as a system for absentee voting by qualified Filipinos abroad.
It was evidently shown from your said conversations that the Constitutional Commission meant to enfranchise as far as possible all Filipino citizens overseas who have not really abandoned all their domicile of origin, which is in the Philippines. The Commission rate even meant to extend to young Filipinos who reach voting age group abroad whose parents’ séjour of origins is in the Korea, and consider them qualified as arrêters for the first time. That Section two of Document V with the Constitution is an exception for the residency necessity found in Section 1 of the same Article is at fact the topic of debate the moment Senate Invoice No . 2104, which later on became 3rd there’s r. A. No . 9189, was deliberated after on the United states senate floor, additional weakening petitioner’s claim around the unconstitutionality of Section 5(d) of R. A. No . 9189.
2 . Yes, Section 18. a few is unconstitutional. Section 18. 5 of R. A. No . 9189 is simply too sweeping it necessarily comes with the aveu of the earning candidates to get the presidency and the vice-presidency, granting advantage to petitioner’s contention in spite of this Section definitely seems to be repugnant to Section some, Article VII of the Cosmetic only insofar as stated Section fully disregarded the authority provided to Congress by the Constitution to proclaim the winning prospects for the positions of President and Vice-President. Congress could not include allowed the COMELEC to usurp a power that constitutionally belongs to this or, since aptly mentioned by petitioner, to encroach “on the power of Congress to canvass the votes intended for President andVice-President and the capacity to proclaim details for the said positions.
a few. Yes, Section 25 creating the JCOC is definitely unconstitutional. The Commission upon Elections is known as a constitutional human body. It is designed to play a definite and crucial part within our scheme of government. In the launch of it is functions, it should not end up being hampered with restrictions that would be fully warranted in the case of a less responsible organization.
The Commission about Elections, because of its fact-finding features, its connections with political strategists, and its particular knowledge based on actual encounter in dealing with politics controversies, is in a peculiarly advantageous position to decide sophisticated political inquiries.
“”””””””””””””””-
The Court has no basic powers of supervision more than COMELEC which can be an independent body system “except these specifically approved by the Metabolism, that may be, to review it is decisions, requests and rulings. In the same vein, it is not correct to hold that for its recognized intensive legislative power to enact election laws, Congress may intrude into the freedom of the COMELEC by exercising supervisory capabilities over the rule-making authority. In line with this, this Court holds that Section twenty-five of L. A. 9189 is out of constitute and need to therefore end up being stricken off from the explained law. Japson vs COMELEC
[G. R. No . 180088. January 19, 2009]
Facts:
The two Japson and Ty had been candidate intended for the Office of Mayor in the Municipality of General Macarthur, Eastern Samar in the May 2007 regional elections. Japson filed prior to COMELEC a petition to disqualify or cancel Ty’s Certificate of Candidcay around the grounf of fabric misrepresentation. Japson alleged that Ty had been an American resident and had recently been residing in the united states for the last 25 years. Moreover, Japson alleged that when Ty applied for certificate of candidacy, this individual never truly resided in Samar to get a period of one year immediately preceding the date of political election as needed under Section 39 of RA 7160, and even after filing Ty’s program forreacquisition of his Philippine citizenship, he continued to make trips for the US.
The COMELEC Initial Division located that Ty complied while using requirements of Section 3 and five of RA 9225 and reacquired his Philippine nationality. Ty executed an oath of allegiance and performed a Renunciation of International Citizenship. Additionally, the COMELEC ruled that Ty did not commit material misrepresentation in stating in the Certificate of Candidacy that he was a resident of Samar. Concern:
Whether or not Ty was able to meet the citizenship and residency requirements Ruling:
Yes, Ty was repatriated under RA 9225 simply by his renunciation of his foreign nationality and by performing his oath of fidelity to the Republic of the Israel. “”””””””””””””””-
Ty’s intent to establish a new ordonnance of choice in Samar started to be apparent once, immediately after reacquiring his Philippine citizenship, he applied for a Philippine passport indicating in the application that his home in the Korea was at A. Mabini St . Barangay 6, Poblacion, Standard Macarthur, Far eastern Samar. In addition, he under your own accord submitted himself to the community tax legislation of the municipality of Standard Macarthur, Eastern Samar by simply paying community tax and securing CTCs from the explained municipality. Additionally , there is no basis for the court to require Ty to stay in and never leave at the municipality for the full one-year period prior to the local polls.
Lewis compared to COMELEC
[G. 3rd there’s r. No . 162759. August four, 2006]
Facts:
The petitioners who already acquired Filipino Citizenship underneath RA 9225 prayed that they can be allowed to vote as part of all their right. When the petitioners sought registration and certification since Overseas Absentee Voters, we were holding advised by Philippine Charge in the US which a COMELEC notification stated that the petitioners have yet no right to election due to their deficiency of one-year house requirement prescribed by the Cosmetic. Petitioners filed a request for certiorari and mandamus. A week just before theMay twelve, 2004 polls, the COMELEC filed a comment. School of the Solicitor General submitted a Outward exhibition on May 20, 2004 stating that all certified overseas Filipinos including dual citizens whom care to exercise the proper of suffrage, may accomplish that. However , the 2004 elections ended already, so the request becomes moot and academics.
Issue:
If petitioners and more who could have meanwhile maintained and/or reacquired Philippine nationality pursuant to RA 9225 may have your vote as absentee voter under RA 9189 Ruling:
Certainly, natural-born people of the Philippines who, following your effectivity of RA 9189 become citizens of a international country shall retain all their Philippine nationality upon taking the oath. You cannot find any provision in RA 9225 requiring dual citizens to actually establish residence and bodily stay in the Philippines just before they can exercise their right to vote. With the passage of RA 9225, the scope of international absentee voting has been therefore expanded so as to include Filipinos who are usually citizens with their countries, subject, however , to the strict requirements indicated inside the pertinent conditions of RA 9225. “”””””””””””””””-
Considering the unison intent with the Constitution and RA 9189 and the growth of the range of that law with the passageway of RA 9225, the irresistible conclusion is that dual citizens might now work out the right of suffrage via the absentee voting system.
Domino versus COMELEC
[G. L. No . 134015. July nineteen, 1999]
Facts:
Juan Domino filed his certificate of candidacy pertaining to Representative of the Lone Legal District of the Province of Sarangani in the May 98 elections. Nevertheless , private participants filed with the COMELEC a petition to Deny Due Course to or Cancel Certificate of Candidacy. That they alleged that the petitioner is definitely neither a resident nor a authorized voter of the Province of Sarangani in which he seeks selection. The COMELEC Second Split disqualified the petitioner as candidate and ordered the cancellation of his certificateof candidacy. The votes players for Dominospiel were counted and he got the best number of ballots. So , this individual filed a motion for reconsideration but denied by COMELEC en banc.
Concerns:
1 . Whether or not the COMELEC features jurisdiction to deny or perhaps cancel the certificate of candidacy from the petitioner. installment payments on your Whether or not petitioner is a citizen of Sarangani Province no less than 1 year immediately preceding the May 1998 election Judgment:
1 . Certainly, the COMELEC has legal system as provided in Section 80 Article IX of the Omnibus Election Code over a request to reject due program to or cancel qualification of candidacy. It is within the jurisdiction from the COMELEC to ascertain whether fake representations for the material facts were made inside the certificate of candidacy such as the residence necessity.
2 . Not any, the term property as employed in the law prescribing the requirements for suffrage and for elective office, means the same thing while domicile that gives the intention to reside within a fixed place and personal existence in that place, coupled with perform indicative of such objective. The petitioner’s domicile of origin was Candon, Ilucos Sur yet acquired his domicile of choice at twenty-four Bonifacio St Ayala Heights, Old Balara, Quezon City.
The petitioner contended that he previously established his new ordonnance in Sarangani by procurment a house and lot located therein. Nevertheless , the The courtroom is unfulfilled with it. The lease contract can be indicative of Domino’s objective to reside in Sarangani, however , it does not produce the kind of long-term benefits required to demonstrate abandonment of his initial domicile. “”””””””””””””””-
Ang Bagong Bayani-OFW Labor Party versus Ang Bagong Bayani- OFW Labor Party GO! MOVE Philippines, ou al [G. 3rd there’s r. No . 147589. G. Ur. No . 147613. June 26, 2001]
Facts:
For the registration period, the COMELEC approved the accreditation of 154 celebrations and organizations but denied those of many others in the assailed Omnibus Resolution No . 3785.
Moreover, Akbayan Individuals Action Party filed ahead of the COMELEC a petition to delete from your Certified List of Political Parties/ Sectoral Parties/ Organizations/ Parti and that said certified list be appropriately amended. Bayan Muna and Bayan Muna- Youth also filed a petition intended for cancellation of Registration and Nomination against some here respondents.
Ang Bagong Bayani- OFW Labor Party registered a request assailing the COMELEC Omnibus Resolution No . 3785. As well, Bayan Muna filed a petition difficult the stated resolution.
Issues:
1 . Whether or not the COMELEC committed burial plot abuse of discretion in promulgating Omnibus Resolution Number 3785 installment payments on your Whether or not politics parties may possibly participate in the party-list elections 3. If party-list system is exclusive to marginalized areas.
Ruling:
1 . From its assailed Omnibus Resolution, COMELEC failed to enjoy fully the clear insurance plan of the regulation and the Constitution in connection with the due procedure clause. Fundamental rudiments of due method require the fact that organizations or perhaps parties ought to first be provided an opportunity to present that they qualify under the rules promulgated prior to they can be starving of their directly to participate in and be elected underneath the party-list program.
2 . Yes, political functions may be involved in the party-list elections. Section 5, Document VI from the Constitution provides that associates of the House of Representatives may well “be chosen through a party-list system of listed national, local, and sectoral parties or organizations. Furthermore, under Sections 7 and 8, Article IX (C) of the Cosmetic, political get-togethers may be authorized under the party-list system.
Due to its part, Section 2of RA 7941 also provides for “a party-list system of registered nationwide, regional and sectoral functions or agencies or parti thereof, back button x back button. Section 3 specifically states which a “party is usually “either a political party or a sectoral party or maybe a coalition of parties.
one particular
