art 9 sec6

Macalintal v Comelec

Facts: Romulo B. Macalintal, in his capacity as a tax payer and as a lawyer, filed a petition for certiorari
and prohibition seeking a declaration that certain provisions of the Republic Act No. 9189 ( The Overseas
Absentee Voting Act of 2003) suffer from constitutional infirmity.

Issue: W/N congress may, through Joint Congressional Oversight Committee created in sec. 25 of R.A.
No. 9189 exercise the power to review, revise, amend, and approve the Implementing Rules and
Regulations (IRR) that the COMELEC, promulgate without violating the independence of the COMELEC
under article IX-A of the constitution.

Ruling: No, by vesting itself with the powers to approve, review, amend and revise the IRR for R.A.
9189, congress went beyond the scope of its constitutional authority. Congress trampled upon the
constitutional mandate of independence of the COMELEC.