SC to hear arguments vs absentee voting law

Justices of the Supreme Court are set to hear today oral arguments on whether the Overseas Absentee Voting Act of 2003 should be struck down as unconstitutional.

Vice President Teofisto Guingona is expected to defend the law on behalf of Filipino immigrants and permanent residents abroad.

In his petition questioning the constitutionality of the absentee voting law, lawyer Romeo Makalintal has named as respondents Malacañang, the Commission on Elections, and the Department of Budget and Management.

Makalintal argued that under the Constitution, a citizen may vote in elections, among others, if he has resided in the Philippines for at least a year and for at least six months "immediately preceding the election" in the place where he intends to vote.

The absentee voting law allows a Filipino immigrant or a permanent resident abroad to vote in national elections in the Philippines if he executes an affidavit declaring that he will "resume actual physical permanent residence" in the Philippines within three years from registration as a voter and that he has not applied for naturalization in another country.

Makalintal seeks to have the Supreme Court void a portion of Section 18.5 of Republic Act 9199 or the Overseas Absentee Voting Act of 2003, which gives the Comelec the power to order the proclamation of winning candidates.

Makalintal said the provision "encroaches upon the power of Congress to canvass the votes for president, vice president" and the power to proclaim the winners.

Section 19 of RA 9199 allowing the Congressional Oversight Committee to "review, revise, amend and approve" the implementing rules and regulations the Comelec would provide for absentee voting is "an act of intrusion" into the poll body’s independence, he added.–Aurea Calica