EN BANC
G.R. No. 221318, December 16, 2015
KABATAAN PARTY-LIST, REPRESENTED BY REPRESENTATIVE JAMES MARK TERRY L. RIDON AND MARJOHARA S. TUCAY; SARAH JANE I. ELAGO, PRESIDENT OF THE NATIONAL UNION OF STUDENTS OF THE PHILIPPINES; VENCER MARI E. CRISOSTOMO, CHAIRPERSON OF THE ANAKBAYAN; MARC LINO J. ABILA, NATIONAL PRESIDENT OF THE COLLEGE EDITORS GUILD OF THE PHILIPPINES; EINSTEIN Z. RECEDES, DEPUTY SECRETARY- GENERAL OF ANAKBAYAN; CHARISSE BERNADINE I. BAÑEZ, CHAIRPERSON OF THE LEAGUE OF FILIPINO STUDENTS; ARLENE CLARISSE Y. JULVE, MEMBER OF ALYANSA NG MGA GRUPONG HALIGI NG AGHAM AT TEKNOLOHIYA PARA SA MAMAMAYAN (AGHAM); AND SINING MARIA ROSA L. MARFORI, Petitioners, v. COMMISSION ELECTIONS, ON, Respondent.
D E C I S I O N
PERLAS-BERNABE, J.:
Rights beget responsibilities; progress begets change.
Furthermore, the issue on whether or not the policy on biometrics validation, as provided under RA 10367 and fleshed out in the assailed COMELEC Resolutions, should be upheld is one that demands immediate adjudication in view of the critical preparatory activities that are currently being undertaken by the COMELEC with regard to the impending May 2016 Elections. Thus, it would best subserve the ends of justice to settle this controversy not only in order to enlighten the citizenry, but also so as not to stymy the operations of a co-constitutional body. As pronounced in Roque, Jr. v. COMELEC:62There can be no doubt that the coming 10 May 2010 [in this case, the May 2016] elections is a matter of great public concern. On election day, the country's registered voters will come out to exercise the sacred right of suffrage. Not only is it an exercise that ensures the preservation of our democracy, the coming elections also embodies our people's last ounce of hope for a better future. It is the final opportunity, patiently awaited by our people, for the peaceful transition of power to the next chosen leaders of our country. If there is anything capable of directly affecting the lives of ordinary Filipinos so as to come within the ambit of a public concern, it is the coming elections, [x x x.]Thus, in view of the compelling significance and transcending public importance of the issues raised by petitioners, the technicalities raised by respondents should not be allowed to stand in the way, if the ends of justice would not be subserved by a rigid adherence to the rules of procedure. (Emphasis and underscoring supplied)
[T]he bottom line is that the Court may except a particular case from the operations of its rules when the demands of justice so require. Put a bit differently, rules of procedure are merely tools designed to facilitate the attainment of justice. Accordingly, technicalities and procedural barriers should not be allowed to stand in the way, if the ends of justice would not be subserved by a rigid adherence to the rules of procedure.63ChanRoblesVirtualawlibraryThat being said, the Court now proceeds to resolve the substantive issues in this case.
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage.Dissecting the provision, one must meet the following qualifications in order to exercise the right of suffrage: first, he must be a Filipino citizen; second, he must not be disqualified by law; and third, he must have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for at least six (6) months immediately preceding the election.
Sponsorship Speech of Delegate ManglapusAs clarified on interpellation, the phrase "other substantive requirement" carries the same tack as the other standards alienating particular classes based on socio-economic considerations irrelevant to suffrage, such as the payment of taxes. Moreover, as particularly noted and as will be later elaborated on, the phrase did not contemplate any restriction on procedural requirements, such as that of registration:
DELEGATE MANGLAPUS: Mr. President, the draft proposal, the subject matter of Report No. 11 contains amendments that are designed to improve Article V on suffrage and to broaden the electoral base of our country. The three main points that are taken up in this draft which will be developed in the sponsorship speeches that will follow might need explanatory remarks, x x x.x x x xThe draft before us is in keeping with the trend towards the broadening of the electoral base already begun with the lowering of the voting age to 18, and it is in keeping further with the Committee's desire to discontinue the alienation and exclusion of millions of citizens from the political system and from participation in the political life of the country. The requirement of literacy for voting is eliminated for it is noted that there are very few countries left in the world where literacy remains a condition for voting. There is no Southeast Asian country that imposes this requirement. The United States Supreme Court only a few months ago declared unconstitutional any state law that would continue to impose this requirement for voting.
(2) The present requirement, reading and writing, is eliminated and instead a provision is introduced which says, "No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage;"
x x x x
x x x x
It is to be noted that all those who testified before the Committee favoured the elimination of the literacy requirement. It must be stressed that those witnesses represented all levels of society x x x.
Sponsorship Speech of Delegate Ordoñez
x x x in the process, as we evolve, many and more of our people were left to the sidelines because they could no longer participate in the process of government simply because their ability to read and write had become inadequate. This, however, did not mean that they were no longer responsive to the demands of the times, that they were unsensible to what was happening among them. And so in the process as years went on, conscious efforts were made to liberate, to free these persons who were formerly entitled in the course of election by means of whittling away the requirements for the exercise of the right to vote. First of all, was the property requirement. There were times in the English constitutional history that it was common to say as an answer to a question, "Who are entitled to vote?" that the following cannot vote - - criminals, paupers, members of the House of Lords. They were landed together at the same figurative category.
Eventually, with the wisdom of the times, property requirement was eliminated but the last remaining vestige which bound the members of the community to ignorance, which was the persistence of this requirement of literacy remained. And this is again preserved in our Constitution, in our Election Code, which provides that those who cannot prepare their ballots themselves shall not be qualified to vote.
x x x x
Unless you remove this literacy test, the cultural minorities, the underprivileged, the urban guerrillas will forever be outcasts of our society, irresponsive of what is happening. And if this condition were to continue, my friends, we cannot fully claim that we have representative democracy. Let us reverse the cycle. Let us eliminate the social imbalance by granting to these persons who are very responsible the right to participate in the choice of the persons who are to make their laws for them. (Emphases supplied)
DELEGATE DE LOS REYES: On page 2, Line 3, the following appears:As it finally turned out, the imposition of literacy, property, or other substantive requirement was proscribed and the following provision on suffrage was adopted74 in the 1973 Constitution:"For other substantive requirement, no literacy[,] property, or other substantive requirement shall be imposed on the exercise of suffrage."just what is contemplated in the phrase, "substantive requirement?"
DELEGATE OCCEÑA: I can answer that, but it belongs to the sphere of someone else in the Committee. We use this term as distinguished from procedural requirements. For instance, the law cannot come in and say that those who should be allowed to vote should have paid certain taxes. That would be a substantial requirement in addition to what is provided for in the Constitution. But the law can step in as far as certain procedural requirements are concerned like requiring registration, and also step in as far as these classifications are concerned.73 (Emphases supplied)
Section 1. Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote. (Emphasis supplied)After deliberating on and eventually, striking down a proposal to exclude literacy requirements from the limitation,75 the exact provision prohibiting the imposition of "literacy, property, or other substantive requirement[s]" in the 1973 Constitution was fully adopted in the 1987 Constitution.
Section 118. Disqualifications. - The following shall be disqualified from voting:A "qualification" is loosely defined as "the possession of qualities, properties (such as fitness or capacity) inherently or legally necessary to make one eligible for a position or office, or to perform a public duty or function."76(a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one year, such disability not having been removed by plenary pardon or granted amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five years after service of sentence.
(b) Any person who has been adjudged by final judgment by competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall regain his right to vote automatically upon expiration of five years after service of sentence.
(c) Insane or incompetent persons as declared by competent authority.
Registration regulates the exercise of the right of suffrage. It is not a qualification for such right.80 (Emphasis supplied)As a form of regulation, compliance with the registration procedure is dutifully enjoined. Section 115 of the Omnibus Election Code provides:
Section 115. Necessity of Registration. - In order that a qualified elector may vote in any election, plebiscite or referendum, he must be registered in the permanent list of voters for the city or municipality in which he resides. (Emphasis supplied)Thus, although one is deemed to be a "qualified elector," he must nonetheless still comply with the registration procedure in order to vote.
Needless to say, the exercise of the right of suffrage, as in the enjoyment of all other rights, is subject to existing substantive and procedural requirements embodied in our Constitution, statute books and other repositories of law. Thus, as to the substantive aspect, Section 1, Article V of the Constitution provides:chanRoblesvirtualLawlibraryRA 8189 primarily governs the process of registration. It defines "registration" as "the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the [ERB]."83 As stated in Section 2 thereof, RA 8189 was passed in order "to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters."
x x x x
As to the procedural limitation, the right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo: among others, the process of registration. Specifically, a citizen in order to be qualified to exercise his right to vote, in addition to the minimum requirements set by the fundamental charter, is obliged by law to register, at present, under the provisions of Republic Act No. 8189, otherwise known as the Voters Registration Act of 1996.82 (Emphasis and underscoring supplied)
Section 1. Declaration of Policy. - It is the policy of the State to establish a clean, complete, permanent and updated list of voters through the adoption of biometric technology."Biometrics refers to a quantitative analysis that provides a positive identification of an individual such as voice, photograph, fingerprint, signature, iris, and/or such other identifiable features."84
Section 3. Who Shall Submit for Validation. - Registered voters whose biometrics have not been captured shall submit themselves for validation.Under Section 2 (d) of RA 10367, "validation" is defined as "the process of taking the biometrics of registered voters whose biometrics have not yet been captured."
Section 10. Mandatory Biometrics Registration. - The Commission shall implement a mandatory biometrics registration system for new voters.
Section 7. Deactivation. - Voters who fail to submit for validation on or before the last day of filing of application for registration for purposes of the May 2016 elections shall be deactivated pursuant to this Act. (Emphases supplied)Notably, the penalty of deactivation, as well as the requirement of validation, neutrally applies to all voters. Thus, petitioners' argument that the law creates artificial class of voters86 is more imagined than real. There is no favor accorded to an "obedient group." If anything, non-compliance by the "disobedient" only rightfully results into prescribed consequences. Surely, this is beyond the intended mantle of the equal protection of the laws, which only works "against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality."87
Section 27. Deactivation of Registration. The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:chanRoblesvirtualLawlibraryWith these considerations in mind, petitioners' claim that biometrics validation imposed under RA 10367, and implemented under COMELEC Resolution Nos. 9721, 9863, and 10013, must perforce fail. To reiterate, this requirement is not a "qualification" to the exercise of the right of suffrage, but a mere aspect of the registration procedure, of which the State has the right to reasonably regulate. It was institutionalized conformant to the limitations of the 1987 Constitution and is a mere complement to the existing Voter's Registration Act of 1996. Petitioners would do well to be reminded of this Court's pronouncement in AKBAYAN-Youth, wherein it was held that:
a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan;
b) Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law; Provided, That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence;
c) Any person declared by competent authority to be insane or incompetent unless such disqualification has been subsequently removed by a declaration of a proper authority that such person is no longer insane or incompetent;
d) Any person who did not vote in the two (2) successive preceding regular elections as shown by their voting records. For this purpose, regular elections do not include the Sangguniang Kabataan (SK) elections;
e) Any person whose registration has been ordered excluded by the Court; and
f) Any person who has lost his Filipino citizenship.
For this purpose, the clerks of court for the Municipal/Municipal ( Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of each month a certified list of persons who are disqualified under paragraph (a) hereof, with their addresses. The Commission may request a certified list of persons who have lost their Filipino Citizenship or declared as insane or incompetent with their addresses from other government agencies.
The Election Officer shall post in the bulletin board of his office a certified list of those persons whose registration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concerned.
[T]he act of registration is an indispensable precondition to the right of suffrage. For registration is part and parcel of the right to vote and an indispensable element in the election process. Thus, contrary to petitioners' argument, registration cannot and should not be denigrated to the lowly stature of a mere statutory requirement. Proceeding from the significance of registration as a necessary requisite to the right to vote, the State undoubtedly, in the exercise of its inherent police power, may then enact laws to safeguard and regulate the act of voter's registration for the ultimate purpose of conducting honest, orderly and peaceful election, to the incidental yet generally important end, that even pre-election activities could be performed by the duly constituted authorities in a realistic and orderly manner - one which is not indifferent, and so far removed from the pressing order of the day and the prevalent circumstances of the times.88 (Emphasis and underscoring supplied)Thus, unless it is shown that a registration requirement rises to the level of a literacy, property or other substantive requirement as contemplated by the Framers of the Constitution - that is, one which propagates a socio-economic standard which is bereft of any rational basis to a person's ability to intelligently cast his vote and to further the public good - the same cannot be struck down as unconstitutional, as in this case.
[P]olicy matters are not the concern of the Court. Government policy is within the exclusive dominion of the political branches of the government. It is not for this Court to look into the wisdom or propriety of legislative determination. Indeed, whether an enactment is wise or unwise, whether it is based on sound economic theory, whether it is the best means to achieve the desired results, whether, in short, the legislative discretion within its prescribed limits should be exercised in a particular manner are matters for the judgment of the legislature, and the serious, conflict of opinions does not suffice to bring them within the range of judicial cognizance.112 (Emphases and underscoring supplied)In the exercise of its legislative power, Congress has a wide latitude of discretion to enact laws, such as RA 10367, to combat electoral fraud which, in this case, was through the establishment of an updated voter registry. In making such choices to achieve its desired result, Congress has necessarily sifted through the policy's wisdom, which this Court has no authority to review, much less reverse.113 Whether RA 10367 was wise or unwise, or was the best means in curtailing electoral fraud is a question that does not present a justiciable issue cognizable by the courts. Indeed, the reason behind the legislature's choice of adopting biometrics registration notwithstanding the experience of foreign countries, the difficulties in its implementation, or its concomitant failure to address equally pressing election problems, is essentially a policy question and, hence, beyond the pale of judicial scrutiny.
Section 8. System of Continuing Registration of Voters. - The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election. (Emphasis added.)The position is, once more, wrong.
Endnotes:
1 With application for the issuance of a Writ of Preliminary Injunction and/or Temporary Restraining Order. Rollo, pp. 3-34.
2 Approved on February 15, 2013.
3 Entitled "RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT 10367, OTHERWISE KNOWN AS 'AN ACT PROVIDING FOR MANDATORY BIOMETRICS VOTER REGISTRATION,'" signed by then Chairman Sixto S. Brillantes, Jr., and Commissioners Lucenito N. Tagle, Elias R. Yusoph, Christian Robert S. Lim, Maria Gracia Cielo M. Padaca, Al A. Parreño, and Luie Tito F. Guia on June 26, 2013. Rollo, pp. 45-49.
4 Entitled "IN THE MATTER OF 1) AMENDING SECTIONS 28 AND 38 OF RESOLUTION NO. 9853, DATED FEBRUARY 19, 2013 AND 2) GUIDELINES ON DEACTIVATION OF VOTERS REGISTRATION RECORDS," dated April 1, 2014. Id. at 50-54.
5 Entitled "IN THE MATTER OF DEACTIVATING THE REGISTRATION RECORDS OF VOTERS WITHOUT BIOMETRICS DATA IN THE VOTERS' REGISTRATION SYSTEM FOR FAILURE TO VALIDATE PURSUANT TO REPUBLIC ACT NO. 10367," signed by Chairman Juan Andres D. Bautista, and Commissioners Christian Robert S. Lim, Al A. Parreño, Luie Tito F. Guia, Arthur D. Lim, Ma. Rowena Amelia V. Guanzon, and Sheriff M. Abas. Id. at 55-58.
6 Id. at 13.
7 See Section 10 of RA 10367.
8 See Section 1 of RA 10367.
9 RA 10367 was published in the February 22, 2013 issues of the Manila Bulletin and the Philippine Star.
10 See Section 15 of RA 10367.
11 See Section 3 of RA 10367; Emphasis supplied.
12 See Section 7 of RA 10367; Emphases supplied.
13 Section 28. Reactivation of Registration. - Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
The Election Officer shall submit said application to the Election Registration Board for appropriate action.
In case the application is approved, the Election Officer shall retrieve the registration record from the inactive file and include the same in the corresponding precinct book of voters. Local heads or representatives of political parties shall be properly notified on approved applications.
14 Entitled "AN ACT PROVIDING FOR A GENERAL REGISTRATION OF VOTERS, ADOPTING A SYSTEM OF CONTINUING REGISTRATION, PRESCRIBING THE PROCEDURES THEREOF AND AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR" (approved on June 11, 1996).
15 See Section 8 of RA 10367.
16Rollo, pp. 45-49.
17 See Section 6 of Resolution No. 9721; id. at 47-48.
18 See Section 8 of Resolution No. 9721; id.
19 See Section 9 of Resolution No. 9721; id.
20 See Section 8 of Resolution No. 9721; id., Emphasis supplied.
21 See Section 2 of Resolution No. 9721; id. at 45-46, Emphases supplied.
22 See Section 8 of Resolution No. 9721; id. at 48, Emphasis supplied.
23 See Section 8 of Resolution No. 9721; id., Emphasis supplied.
24 See second Whereas clause of Resolution No. 9721; id. at 45.
25 See Section 12 of Resolution No. 9721; id. at 49, Emphasis supplied.
26 See id. at 79.
27 Id. at 50-54.
28 Particularly amending Sections 28 and 38 of COMELEC Resolution No. 9853, see id. at 78.
29 Entitled "RULES AND REGULATIONS ON THE RESUMPTION OF THE SYSTEM OF CONTINUING REGISTRATION OF VOTERS, VALIDATION AND UPDATING OF REGISTRATION RECORDS FOR THE MAY 9, 2016 SYNCHRONIZED NATIONAL, LOCAL AND ARMM REGIONAL ELECTIONS AND OTHER REGISTRATION POLICIES," signed by then Chairman Sixto S. Brillantes, Jr., and Commissioners Lucenito N. Tagle, Elias R. Yusoph, Christian Robert S. Lim, Maria Gracia Cielo M. Padaca, Al A. Parreño, and Luie Tito F. Guia.
30 See Item B (2a) (7) of Resolution No. 9863; rollo, p. 53.
31 See id. at 71.
32 Id. at 55-58.
33 See id. at 56.
34 See Items A (3) and (4) of Resolution No. 10013; id. at 57.
35 Section 4. Hearing and approval/disapproval of applications. - The applications shall be heard by the Election Registration Board (Board) at the [Office of the Election Officer (OEO)], in accordance with the following schedule:If the last day to post notice, file oppositions and hearing for approval/disapproval falls on a holiday or a non-working day, the same shall be done on the next working day.
Period to file applications Last day to post
Notice of Hearing with Lists of Applicant Last day to file opposition to applications Hearing and Approval/ Disapproval of applications May 6 to June 30, 2014 July 7, 2014 July 14, 2014 July 21, 2014 July 1 to September 30, 2014 October 6, 2014 October 13, 2014 October 20, 2014 October 1 to December 20, 2014 January 5, 2015 January 12, 2015 January 19, 2015 January 5 to March 31, 2015 April 6, 2015 April 13, 2015 April 20, 2015 April 1 to June 30, 2015 July 6, 2015 July 13, 2015 July 20, 2015 July 1 to September 30, 2015 October 5, 2015 October 12, 2015 October 19, 2015 October 1 to 31, 2015 November 4, 2015 November 9, 2015 November 16, 2015
36 See Item A (5) of Resolution No. 10013; id. at 57.
37 See Item B (3) of Resolution No. 10013; id.
38 See Item B (1) of Resolution No. 10013; id.
39 See Item C (4) of Resolution No. 10013; id. at 58.
40 See Item A (2) of Resolution No. 10013; id. at 57.
41 See id. at 19-20.
42 See id. at 20-21.
43 See id. at 22-24.
44 See id. at 26-28.
45 See id. at 28-31.
46 Filed by the same parties against the COMELEC on October 29, 2015 docketed as G.R. No. 220918; rollo, p. 7.
47 Section 8. System of Continuing Registration of Voters. - The personal filing of application of registration of voters shall be conducted daily in the office of the Election Officer during regular office hours. No registration shall, however, be conducted during the period starting one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
48Rollo, p. 12.
49 Id. at 33.
50 See TRO and Notice of Resolution dated December 1, 2015; id. at 70-A to 70-D.
51 Id. at 71-75.
52 See id. at 74-75.
53 See Consolidated Comment and Manifestation Ad Cautelam; id. at 77-101.
54 See id. at 102-109.
55 Id. at 108.
56 Id. at 81-83.
57 Id. at 83-84.
58 Id. at 84-85.
59 See G.R. Nos. 216098 and 216562, April 21, 2015.
60 G.R. Nos. 201112, 201121, 201127, and 201413, June 13, 2012, 673 SCRA 1, 47-48.
61 634 Phil. 516, 529 (2010).
62 615 Phil. 149 (2009).
63 Id. at 200.
64Rollo, p.19.
65 Id. at 20.
66 Id. at 20-21.
67 62 Phil. 945, 948 (1936).
68 See id.
69 Section 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question. (Emphasis supplied)
70 Id.
71 Id.
72 Journal of the 1971 Constitutional Convention, Session No. 116, February 25, 1972, pp. 13-14.
73 Journal of the 1971 Constitutional Convention, Session No. 116, February 25, 1972, p. 52.
74 After a voting of 40 in favor, 2 against, and 1 abstention, the Commission approved the exclusion of literacy requirements from the limitations. (See Deliberations of the Constitutional Commission, dated July 22, 1986, Vol. II, p.101.)
75 The 1987 Constitution retained the proscription on the imposition of literacy, property, or other substantive requirements, but during the deliberations, Commissioner Rama, proposed the restoration of the literacy requirement on the argument that for a strong electoral system, what was needed was not number, but intelligence of voters. He also pointed out that illiterates were manipulated by unscrupulous politicians and that their participation in the elections is inherently flawed because they cannot keep their votes secret as they need to be assisted in casting their votes. (See Deliberations of the Constitutional Commission, dated July 19, 1986, Vol. II, pp. 8-9.)
This proposition, however, was opposed by the majority, including Commissioner Bernas on the reason that reading and writing were not the only vehicles to acquire information and that the right of suffrage should not be held back from those who are unfortunate as to be unable to read and write. He further stated that illiteracy shows government's neglect of education and disenfranchising the illiterate would only aggravate the illiteracy because their voices will not be heard. (See Deliberations of the Constitutional Commission, dated July 19, 1986, Vol. II, pp. 15-16.)
76 Black's Law Dictionary, 8th Ed., p. 1275.
77 52 Phil. 380 (1928).
78 132 Ky. 201; 116 S.W. 779; 1909 Ky. LEXIS 133.
79Yra v. Abaño, supra note 77, at 384.
80 Id. at 385.
81 407 Phil. 618 (2001).
82 Id. at 635-636
83 Section 3 (a), RA 8189.
84 Section 2 (b), RA 10367.
85 Section 2 (e), RA 10367.
86Rollo, pp. 22-23.
87 See Ichong v. Hernandez, 101 Phil. 1155, 1164 (1957).
88Akbayan-Youth v. COMELEC, Supra note 81, at 636.
89Rollo, pp. 22-24.
90 596 Phil. 444 (2009).
91 Id. at 463.
92 Id.
93 Id.
94 Id.
95 See Concurring Opinion of Justice Teresita J. Leonardo-De Castro in Garcia v. Drilon, G.R. No. 179267, June 25, 2013, 699 SCRA 352, 450. See also Separate Concurring Opinion of Chief Justice Reynato S. Puno in Ang Ladlad LGBT Party v. COMELEC, 632 Phil. 32, 106 (2010).
96 See Sponsorship Speech of Senator Aquilino L. Pimentel III in Senate Bill 1030. Records of the Senate, Vol. III, No. 26, October 16, 2012, p. 64.
97 Section 6. Procedure for validation.
a. The voter shall personally appear before the OEO/satellite office.
b. Based on the list of voters without or with incomplete biometrics, the EO shall conduct an initial interview on the personal circumstances and in order to establish the identity of the voter shall require him to present any of the following documents:c. The identity of the voter having been established, the EO shall verify in the database his record whether he has no/incomplete BIOMETRICS data. If the applicant has no or incomplete BIOMETRICS data, the EO shall record in the logbook the following data: 1) date and time; 2) the name of the voter; and 3) VRR number. After which, the EO shall direct the voter to the VRM Operator. The VRM Operator shall:
- Current employees identification card (ID), with the signature of the employer or authorized representative;
- Postal ID;
- Students ID or library card, signed by the school authority;
- Senior Citizens ID;
- Drivers license;
- NBI/PNP clearance;
- Passport;
- SSS/GS1S ID;
- Integrated Bar of the Philippines (IBP) ID;
- License issued by the Professional Regulatory Commission (PRC) and;
- Any other valid ID.
d. The voter shall be instructed to affix his signature in the logbook. (See rollo, pp. 47-48.)
- Click "Select File", then click " Other Application" then click "List of Records."
- Type the last name and/or first name and/or maternal name in the space provided arid click SEARCH button.
- Right-click in the record of the voter and select VALIDATION from the list of application type.
- Click on the BIOMETRICS tab.
- Capture the photo, signature and fingerprints of the voter.
- Save the record.
98 Id. at 71-75.
99 Section 8 of RA 10367 reads:chanRoblesvirtualLawlibrary
Section 8. Reactivation. — Those deactivated under the preceding section may apply for reactivation after the May 2016 elections following the procedure provided in Section 28 of Republic Act No. 8189.
100 Section 28 of RA 8189 reads:chanRoblesvirtualLawlibrary
Section 28. Reactivation of Registration. - Any voter whose registration has been deactivated pursuant to the preceding Section may file with the Election Officer a sworn application for reactivation of his registration in the form of an affidavit stating that the grounds for the deactivation no longer exist any time but not later than one hundred twenty (120) days before a regular election and ninety (90) days before a special election.
The Election Officer shall submit said application to the Election Registration Board for appropriate action.
In case the application is approved, the Election Officer shall retrieve the registration record from the inactive file and include the same in the corresponding precinct book of voters. Local heads or representatives of political parties shall be properly notified on approved applications.
101 See Social Weather Stations, Inc. v. COMELEC, G.R. No. 208062, April 7, 2015.
102 See Rollo, pp. 26-28.
103 Se Item A (3) and (5) of Resolution No. 10013; id. at 57.
104 Section 4. Hearing and approval/disapproval of applications. - The applications shall be heard by the Election Registration Board (Board) at the [Office of the Election Officer (OEO)], in accordance with the following schedule:If the last day to post notice, file oppositions and hearing for approval/disapproval falls on a holiday or a non-working day, the same shall be done on the next working day.
Period to file applications Last day to post
Notice of Hearing with Lists of Applicant Last day to file opposition to applications Hearing and Approval/ Disapproval of applications May 6 to June 30, 2014 July 7, 2014 July 14, 2014 July 21, 2014 July 1 to September 30, 2014 October 6, 2014 October 13, 2014 October 20, 2014 October 1 to December 20, 2014 January 5, 2015 January 12, 2015 January 19, 2015 January 5 to March 31, 2015 April 6, 2015 April 13, 2015 April 20, 2015 April 1 to June 30, 2015 July 6, 2015 July 13, 2015 July 20, 2015 July 1 to September 30, 2015 October 5, 2015 October 12, 2015 October 19, 2015 October 1 to 31, 2015 November 4, 2015 November 9, 2015 November 16, 2015
105 See Section 8 of Resolution No. 9721; rollo, p. 48.
106 See Item B (2) (a.7) of Resolution No. 9863; id. at 53.
107 RA 10367 Was published in the February 22, 2013 issues of Manila Bulletin and Philippine Star.
108 See Section 15 of RA 10367.
109Rollo, p. 79.
110 Id. at 28-31.
111 See 463 Phil. 179 (2003).
112 Id. at 204.
113 See Magtajas v. Pryce Properties Corporation, G.R. No. 111097, July 20, 1994, 234 SCRA 255, 268.
114 Entitled "Kabataan Partylist v. COMELEC."
115 See Notice of Resolution in Kabataan Partylist v. COMELEC, G.R. No. 220918, December 8, 2015, citing AKLAT v. COMELEC, 471 Phil. 730, 738 (2004).
116 Id.
117 Id.
118 See Notice of Resolution in Kabataan Party-List v. COMELEC, G.R. No. 220918, December 8, 2015.
119 See rollo, p. 72.
120 See id. at 73.
121 See Section 2(1), Article IX-C of the 1987 Constitution.cralawlawlibraryCONCURRING OPINIONLEONEN, J.:
I concur.
Republic Act No. 103671 is a valid regulation that assists in the identification of a person for purposes of ensuring that the right to vote is exercised only by that person. It is also a measure to purge the voters list of spurious names or ghost voters.
Viewed this way, Republic Act No. 10367 is not a burden on the right of suffrage; rather, it enhances this fundamental right. It provides mechanisms to ensure the identity of the voter, prevent multiple votes for a single individual, and deter the casting of ballots in the names of persons who do not actually exist or who, at the time of the elections, are already deceased.
The requirement of biometric registration, therefore, is not an additional qualification but rather a means to ensure and protect the identity of the voter. Names are deactivated because these do not correspond to real persons. Thus, there is no disqualification in as much as fictitious names or names of the deceased do not represent real persons. A ghost cannot be disqualified because it does not exist.
Finally, petitioners failed to establish the actual and concrete facts that entitle them standing to question the constitutionality of the law and the Commission on Elections' implementing regulations. I agree with the ponencia that constitutional objections should be presented with more rigor than broad political advocacies. The experiences of other emerging economies cited in the Petition may be instructive for context,2 but they are certainly insufficient by themselves for this court to veto political acts of Congress, the President, and the Commission on Elections in the guise of judicial review. This court is more circumspect. We attend to legal arguments grounded on the actual controversies substantially and materially experienced by a petitioner. We do not have license to be moved solely by the passion of advocacy.
The vigilance of petitioners is to be commended except that it comes too late. The law was passed in 2013 and implemented shortly thereafter.3 On May 2014, the "No Bio, No Boto" public information campaign was launched together with the period of continuing registration.4 There was sufficient time for people to comply, and notices appear to have been sufficient. If there were those whose biometric information was incomplete, a remedy was provided. For those who did not act early enough, their registration can still be accommodated in future elections. For the names delisted because these do not correspond to live persons, any amount of information will not result in a solution. Their names deserve to be deactivated.
ACCORDINGLY, I vote to DISMISS the Petition and DISSOLVE the temporary restraining order.Endnotes:
1 Entitled "An Act Providing for Mandatory Biometrics Voter Registration." The law was approved on February 15, 2013.
2See Decision, p. 22.
3 Decision, p. 4. See Republic Act No. 10367.
4See Commission on Elections Resolution No. 9863, Item B (2a) (7) of Resolution No. 9863; Decision p. 4.