Macalintal v. COMELEC G.R. No. 157013 Date Promulgated: July 10, 2003 Ponente: Austria-Martinez, J. Facts: y y y R.A. No.

9189 is the Overseas Absentee Voting Act of 2003 (Atty. Macalintal challenged the constitutionality of several other provisions but only the relevant one will be discussed here) Sec. 19 and 25 and portions of Sec. 17.1 of RA 9189 states that the COMELEC should promulgate Implementing Rules and Regulations for the Act, subject to the approval of the Joint Congressional Oversight Committee Respondent COMELEC and the Solicitor General agreed with Atty. Macalintal on this point.

y Issue: y Held y

WON Sec. 19 and 25 and portions of Sec. 17.1 of RA 9189 are unconstitutional.

Unconstitutional. Allowing the Congress to amend, approve, revise and review the Implementing Rules and Regulations by the COMELEC would be to undermine the independence of the body. Once a law is enacted and approved, the legislative function is deemed accomplished and complete. Therefore, Congress doesn t have the power to review rules promulgated because of the delegated rule-making power. Only the SC has the power to do so if there is a grave abuse of discretion. Congress went beyond the scope of its constitutional authority.