macalintal

Political Law Election Laws Absentee Voters Act Proclamation of Winners in a

National Elections
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.

ISSUE: Whether or not Macalintals arguments are correct.

HELD: No.

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.