Macalintal v.

COMELEC, GR 157013, July 10, 2003

FACTS: Before the Court is a petition for certiorari and prohibition filed by Romulo B. Macalintal, a
member of the Philippine Bar, seeking a declaration that certain provisions of Republic Act No. 9189
(The Overseas Absentee Voting Act of 2003) suffer from constitutional infirmity

ISSUE: Whether or not Congress may, through the Joint Congressional Oversight Committee created
in Section 25 of Rep. Act No. 9189, exercise the power to review, revise, amend, and approve the
Implementing Rules and Regulations that the Commission on Elections, promulgate without violating
the independence of the COMELEC under Section 1, Article IX-A of the Constitution.

HELD: No. By vesting itself with the powers to approve, review, amend and revise the Implementing
Rules & Regulations for RA No. 9189, Congress went beyond the scope of its constitutional authority.
Congress trampled upon the constitutional mandate of independence of the COMELEC.