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Thursday, March 06, 2003
Comelec supports suit v. Absentee Voting Law
STATE lawyers at the Commission on Elections (Comelec) has asked the Supreme Court (SC) to uphold a suit questioning key provisions of the fledgling Overseas Absentee Voting Act of 2003 (or RA 9189).
In a seven-page comment Comelec Law Department lawyer Jose P Balbuena urged the SC to declare unconstitutional provisions in the law, which says that Filipinos voting in mail in any country is subject to the approval of the Joint Congressional Oversight Committee.
The provision, Sec. 19 and 25 of RA 9189 requires that the implementing rules and regulations to be promulgated by Comelec "shall be submitted to the Joint Congressional Oversight Committee for prior approval".
The said congressional committee under RA 9189 shall review, revise, amend and approve the implementing rules and regulations by the Comelec.
Comelec claims the said provision "goes deep into the constitutional independence of the Comelec, and its capability to discharge its duties free of outside interference and influence as mandated by the Constitution."
The Comelec, along with the Civil Service Commission and the Commission on Audit (COA) are the three so-called independent constitutional commissions under the constitution.
The Comelec noted that under the said charter the Comelec cannot be interfered with by any other government instrumentality because it was created as a special body charged with the duty of conducting elections.
Lawyer Romulo Macalintal in a suit filed February 11 of this year before the SC against Comelec claims the said Absentee Voting Law which seeks to grant an estimated 7 million Filipinos abroad the right to vote.
Aside from the alleged encroachment on the powers of the Comelec, likewise being questioned are the provisions granting the right to vote to Filipinos who are permanent resident of other countries
The said law allows the said Filipino expatriates the right of suffrage on the condition that the voter agrees to transfer back to the Philippines and take up residence there within three years.
(March 6, 2003 issue)
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