1) Romulo Macalintal challenged certain provisions of the Overseas Absentee Voting Act of 2003 as unconstitutional, arguing that as a lawyer and taxpayer he had a legal interest in ensuring public funds were properly used.
2) One of the issues was whether a provision empowering COMELEC to proclaim winning candidates violated the constitutional mandate that Congress must proclaim the winning President and Vice President.
3) The court ruled that the phrase "proclamation of winning candidates" was a general statement that included the presidency and vice presidency based on the principle "a general statement is understood in a general sense." Allowing COMELEC this power would violate the constitution which
1) Romulo Macalintal challenged certain provisions of the Overseas Absentee Voting Act of 2003 as unconstitutional, arguing that as a lawyer and taxpayer he had a legal interest in ensuring public funds were properly used.
2) One of the issues was whether a provision empowering COMELEC to proclaim winning candidates violated the constitutional mandate that Congress must proclaim the winning President and Vice President.
3) The court ruled that the phrase "proclamation of winning candidates" was a general statement that included the presidency and vice presidency based on the principle "a general statement is understood in a general sense." Allowing COMELEC this power would violate the constitution which
1) Romulo Macalintal challenged certain provisions of the Overseas Absentee Voting Act of 2003 as unconstitutional, arguing that as a lawyer and taxpayer he had a legal interest in ensuring public funds were properly used.
2) One of the issues was whether a provision empowering COMELEC to proclaim winning candidates violated the constitutional mandate that Congress must proclaim the winning President and Vice President.
3) The court ruled that the phrase "proclamation of winning candidates" was a general statement that included the presidency and vice presidency based on the principle "a general statement is understood in a general sense." Allowing COMELEC this power would violate the constitution which
A general statement is understood in a general sense
Macalintal v. Comelec G.R. No. 157013 10 July 2003 Austria- Martinez, J.
FACTS: Romulo Macalintal, a member of the Philippine Bar, sought the declaration of certain provisions of the Overseas Absentee Voting Act of 2003 as unconstitutional. He said that a lawyer and a taxpayer, he has actual and material legal interest in the case and in ensuring that public funds are properly appropriated.
ISSUES: Whether or not Section 18.5 of the same law empowering the COMELEC to order the proclamation of the winning candidates violate the constitutional mandate under Section 4, Article VII of the Constitution that the winning candidates for President and the Vice-President shall be proclaimed as winners by Congress?
RULING: The judge reiterated the majority opinion the phrase proclamation of winning candidates used in the assailed statute is a sweeping statement, which thus includes even the winning candidates for the presidency and vice-presidency. Following a basic principle in statutory construction, generali dictum genaliter est interpretandum (a general statement is understood in a general sense), the said phrase cannot be construed otherwise. To uphold the assailed provision of Rep. Act No. 9189 would in effect be sanctioning the grant of a power to the COMELEC, which under the Constitution, is expressly vested in Congress; it would validate a course of conduct that the fundamental law of the land expressly forbids.