IV. Powers and Structure of Philippine Government in General
Separate opinion of Justice Puno in Macalintal vs. COMELEC
Is section 18.5 of Rep. Act No. 9189 in relation to section 4 of the same Actin contravention of section 4, Article VII of the Constitution?
Section 4 of Rep. Act No. 9189 allows all qualified Filipinos overseas to votefor President, Vice-President, Senators and party-list representatives whilesection 18.5 thereof empowers the COMELEC to order the proclamation of winning candidates.On its face, section 18.5 of Rep. Act No. 9189 appears to be repugnant tosection 4, Article VII of the 1987 Constitution. It gives the impression thatCongress abdicated to COMELEC its constitutional duty to canvass and proclaim the winning candidates for President and Vice-President. I agree withthe majority that the impugned provision should be given a reasonableinterpretation that would save it from a constitutional infirmity. To be sure,Congress could have not allowed the COMELEC to exercise a power exclusively bestowed upon it by the Constitution. Thus, section 18.5 of Rep. Act No. 9189 empowering the COMELEC to proclaim the winning candidatesshould be construed as limited to the positions of Senators and party-listrepresentatives. In like manner, I agree with the majority that section 18.4 of Rep. Act No. 9189 which provides:
18.4…. Immediately upon the completion of the canvass, the chairman of theSpecial Board of Canvassers shall transmit via facsimile, electronic mail, or any other means of transmission equally safe and reliable the Certificates of Canvass and the Statements of Votes to the
should be construed in harmony with section 4, Article VII of the 1987Constitution. Hence, with respect to the position of the President and the Vice-President, the Certificates of Canvass and the Statements of Votes must besubmitted to Congress and directed to the Senate President.
Does Congress, through the Joint Congressional Oversight Committeecreated in section 25 of Rep. Act No. 9189, have the power to review, revise,amend and approve the Implementing Rules and Regulations that theCommission on Elections shall promulgate without violating the