Even lower courts may issue hdo even on grounds

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even lower courts may issue HDO even on grounds outside of what is stated in the Constitution. Ruling: WHEREFORE, in view of the foregoing disquisition, Department of Justice Circular No. 41 is hereby declared UNCONSTITUTIONAL . All issuances which were released pursuant thereto are hereby declared NULL and VOID .
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[10] MACALINTAL V. COMELEC G.R. No. 157013 | July 10, 2003 | Austria- Martinez, J. TOPIC: Congressional Oversight Power PETITIONER : Atty. Romulo B. Macalintal RESPONDENTS : COMELEC, Hon. Alberto Romulo (Exec. Sec.), Hon. Emilia T. Boncodin (Sec. of Dept. of Budget and Management) SUMMARY Atty. Macalintal, through a petition for certiorari and prohibition, seeks a declaration of certain provisions of RA 9189 The Overseas Absentee Voting Act of 2003 as unconstitutional. Court partially granted the petition and held Sec. 17.1, 19, 25 as unconstitutional, and thus void. Other portions were upheld. PROVISIONS Sec. 1, Article V, 1987 Constitution Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. Sec. 2, Article V, 1987 Constitution The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. Sec. 4 (par. 3), Article VII, 1987 Constitution The returns of every election for President and Vice-President, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate. Upon receipt of the certificates of canvass, the President of the Senate shall, not later than thirty days after the day of the election, open all certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes. Sec. 1, Article IX-A, 1987 Constitution The Constitutional Commissions, which shall be independent, are the Civil Service Commission, the Commission on Elections, and the Commission on Audit. FACTS CASE Petition for certiorari and prohibition by Atty. Romulo Macalintal, a member of the Philippine Bar, seeking a declaration that certain provisions of R.A. No. 9189 (The Overseas Absentee Voting Act of 2003) suffer from constitutional infirmity. He filed the petition as a taxpayer and lawyer. RA 9189: “An Act Providing for a System of Overseas Absentee Voting by Qualified Citizens of the Philippines Abroad, Appropriating Funds Therefor, and for Other Purposes” May be premature (no ongoing proceedings), but issue is of transcendental importance (constitutional right to suffrage will be affected) Petitioner is granted standing to file the case owing to the fact that the assailed statute involves the appropriation of public funds.
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