even lower courts may issue HDO even on grounds outside of whatis stated in the Constitution.Ruling: WHEREFORE, in view of the foregoing disquisition, Department ofJustice Circular No. 41 is hereby declaredUNCONSTITUTIONAL.All issuances which were released pursuant thereto are herebydeclared NULL and VOID.
 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.EmiliaT.Boncodin(Sec.ofDept.ofBudgetandManagement) SUMMARY Atty. Macalintal, through a petition for certiorari and prohibition,seeks a declaration of certain provisions of RA 9189 The OverseasAbsentee Voting Act of 2003 as unconstitutional. Court partiallygranted 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 nototherwise disqualified by law, who are at least eighteenyearsofage,andwhoshallhaveresidedinthePhilippines for at least one year and in the place whereinthey propose to vote for at least six months immediatelyprecedingtheelection.Noliteracy, property, or othersubstantive requirement shall be imposed on the exerciseof suffrage. Sec. 2, Article V, 1987 Constitution The Congress shall provide a system for securing the secrecy andsanctity of the ballot as well as a system for absenteevoting by qualified Filipinos abroad. Sec. 4 (par. 3), Article VII, 1987 Constitution The returns of every election for President and Vice-President, dulycertified by the board of canvassers of each province orcity, shall be transmitted to the Congress, directed to thePresident of the Senate. Upon receipt of the certificates ofcanvass, the President of the Senate shall, not later thanthirtydaysafterthedayoftheelection,openallcertificates in the presence of the Senate and the HouseofRepresentativesinjointpublicsession,andtheCongress, upon determination of the authenticity and dueexecution thereof in the manner provided by law, canvassthe votes. Sec. 1, Article IX-A, 1987 Constitution The Constitutional Commissions, which shall be independent, aretheCivilServiceCommission,theCommissiononElections, and the Commission on Audit. FACTS CASE Petition for certiorari and prohibition by Atty. Romulo Macalintal, amember of the Philippine Bar, seeking a declaration that certainprovisions of R.A. No. 9189 (The Overseas Absentee Voting Act of2003) suffer from constitutional infirmity. He filed the petition as ataxpayer and lawyer. ●RA 9189: “An Act Providing for a System of OverseasAbsentee Voting by Qualified Citizens of the PhilippinesAbroad,AppropriatingFundsTherefor,andforOtherPurposes” ●May be premature (no ongoing proceedings), but issue isoftranscendentalimportance(constitutionalrighttosuffrage will be affected) ●Petitioner is granted standing to file the case owing to thefact that the assailed statute involves the appropriation ofpublic funds.
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