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Macalintal vs. COMELEC [DECISION]

ATTY. ROMULO B. MACALINTAL, PETITIONER, VS. COMMISSION ON ELECTIONS, HON. ALBERTO ROMULO, IN HIS OFFICIAL CAPACITY AS EXECUTIVE SECRETARY, AND HON. EMILIA T. BONCODIN, SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, RESPONDENTS.

G.R. No. 157013 | 2003-07-10

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

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)[1] suffer from constitutional infirmity. Claiming that he has actual and material legal interest in the subject matter of this case in seeing to it that public funds are properly and lawfully used and appropriated, petitioner filed the instant petition as a taxpayer and as a lawyer.
The Court upholds the right of petitioner to file the present petition.

R.A. No. 9189,...