Aguinaldo v. New Bilibid Prison

EN BANC

[G.R. No. 221201. April 19, 2016.]

TEMPORARY RESTRAINING ORDER

ATTY. VICTOR AGUINALDO, petitioner, vs. NEW BILIBID PRISON (BUREAU OF CORRECTIONS), DEPARTMENT OF JUSTICE, COMMISSION ON ELECTIONS, BUREAU OF JAIL MANAGEMENT AND PENOLOGY, DIFFERENT MUNICIPAL, CITY AND PROVINCIAL JAILS IN THE PHILIPPINES, AND ENLISTED VOTERS OF THE NEW BILIBID PRISON AND/OR DETAINEES, respondents.

GREETINGS :

WHEREAS, the Supreme Court, on April 19, 2016, adopted a resolution in the above-entitled case, to wit:

"G.R. No. 221201 (Atty. Victor Aguinaldo vs. New Bilibid Prison [Bureau of Corrections], Department of Justice, Commission on Elections, Bureau of Jail Management and Penology, Different Municipal, City and Provincial Jails in the Philippines, and Enlisted Voters of the New Bilibid Prison and/or Detainees). — Before this Court is a Petition for Certiorari1 with a prayer for the issuance of a temporary restraining order (TRO) and/or preliminary injunction filed by Atty. Victor Aguinaldo, as a citizen, lawyer and taxpayer, questioning the constitutionality of certain sections of Rules 1, 2, 3, and 7 of Commission on Elections (COMELEC) Resolution No. 9371, otherwise known as the "Rules and Regulations on Detainee Registration and Voting," which was promulgated on March 6, 2012.

Antecedent Facts

On July 11, 1996, Congress enacted Republic Act No. 8189 (RA No. 8189) or the Voters Registration Act of 1996, which defines who may and who are disqualified to register as voters, to wit:

Section. 9. Who may Register. — All citizens of the Philippines not otherwise disqualified by law who are at least eighteen (18) 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 (6) months immediately preceding the election, may register as a voter.

Any person who temporarily resides in another city, municipality or country solely by reason of his occupation, profession, employment in private or public service, educational activities, work in the military or naval reservations within the Philippines, service in the Armed Forces of the Philippines, the National Police Forces, or confinement or detention in government institutions in accordance with law, shall not be deemed to have lost his original residence.

xxx xxx xxx

Section 11. Disqualifications. — The following shall be disqualified from registering:

a) Any person who has been sentenced by final judgment to suffer imprisonment of 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;

b) Any person who has been adjudged by final judgment by a competent court or tribunal of having committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the 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 automatically reacquire the right to vote upon expiration of five (5) years after service of sentence; and EcTCAD

xxx xxx xxx (Underlining supplied)

On November 2, 2009, prior to the May 10, 2010 elections, then Chairperson of the Commission on Human Rights (CHR) Leila M. De Lima filed before the COMELEC a petition for the issuance of implementing rules and regulations to provide special polling places and procedures for the voting of persons deprived of their liberty.

The COMELEC granted the CHR's petition through E.M. No. 09-005 2 promulgated on February 23, 2010. Thereafter, Resolution Nos. 8811 3 and 8859 4 dated March 30, 2010 and May 5, 2010, respectively, were issued.

For the May 2013 elections, the COMELEC issued Resolution No. 9149 5 on February 22, 2011. Additionally, on March 6, 2012, the COMELEC promulgated the herein assailed Resolution No. 9371.

Petitioner's Arguments

The petitioner assails the constitutionality of the following provisions of Resolution No. 9371:

1. Rule 1, Section 1

Section 1. Who are Entitled to Avail of Detainee Voting.— Detainee voting (either through the special voting place inside jails or escorted voting) may be availed of by any registered detainee whose registration record is not transferred/deactivated/cancelled/deleted.

2. Rule 1, Sections 2 (a) and (c)

Section 2. Definition of Terms. — As used in this Resolution, the following terms shall mean:

a. Detainee — Refers to any person: (1) confined in jail, formally charged for any crime/s and awaiting/undergoing trial; or (2) serving a sentence of imprisonment for less than one (1) year; or (3) whose conviction of a crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of firearms laws or any crime against national security or for any other crime is on appeal;

b. . . .

c. Escorted Voting — Voting mechanism for detainee voters who are residents/registered voters of municipalities/cities other than the town/city of incarceration; and/or for detainee voters in jail facilities where no special polling places are established.

xxx xxx xxx

3. Rule 2, Section 3

Section 3. Reckoning Period of Age and Residence. — Detainees who shall be eighteen years of age on the day of election and/or are committed inside the detention centers for at least six (6) months immediately preceding the election day may be registered as voters.

Detainees who are already registered voters may apply for transfer of registration records as warranted by the circumstances.

4. Rule 3, Section 1

Section 1. Special Polling Places Inside Jails. — Special polling places shall be established in detention center/jail facility with registered detainee voters in the following manner:

Number of Qualified	Number of Special Polling
Detainee Voters	Places
50 to 100	1
101 to 200	2
201 to 300	3
301 to 400	4
401 to 500	5

 

In case there are more than 500 qualified detainee voters, one (1) special polling place shall be established for every additional 100 qualified detainee voters.

In case of cities with several districts, detainee voters of districts other than the district where the detention center/jail is located are entitled to vote on the special polling places inside the detention centers/jails.

To maintain order, the division of detainee voters shall be done by listing together detainee voters belonging to the same district.

In the preparation of the list of registered voters where the detention center/jail is located, the following rules shall be observed:

a) Only those who are in the custody of detention centers/jail facilities as of the first Monday of March of the election year shall be included;

b) Detainee voters who are registered but are released from the detention center/jail as of the last working day of February of the election year shall be excluded from the BJMP list. For the purpose, the BJMP shall submit the Committee a list of released detainees on or before second Monday of March of the election year;

The BJMP shall, not later than three (3) days before the day of the election, give to the election officer an updated list of detainees who are released from the first Monday of March up to the date of the submission of the said list;

c) Detainees who entered the detention center/jail after the registration period shall be included in the counting provided they are registered as voters in the municipality/city where the jail facility/detention center is located and are in the custody of the jail as the first day of March of the election year; HSAcaE

d) In cities and municipalities where the detention center/jail is comprised of male/female dorms/annexes located in one or in different compounds, the total population shall be the basis for counting;

Detainee voters included in the EDCVL-DV but released before the elections shall be allowed to vote in the regular polling place where he is registered. The released detainee shall show to the BEI his release order/paper. For this purpose, the SBEI shall manually cross-out the name of the released detainee in the EDCVL-DV. 6

Only one special polling place shall be created for jails mentioned in Section 1(d) of this Rule. When the jail facilities are located in different compounds, detainee voters in the facility where the special polling place is established shall be joined by the voters coming from the other dorm/annex.

5. Rule 7, Section 1

Section 1. Escorted Detainee Voters. — The following shall avail of the escorted voting:

1. Detainee voters who are residents/registered voters of municipalities/cities other than the town/city of detention; and

2. Detainee voter in detention centers/jails where no special polling places are established.

Provided: that said detainee voters obtained court orders allowing them to vote in the polling place where they are registered.

Provided further; that it is logistically feasible on the part of the jail/prison administration to escort the detainee voter to the polling place where he is registered.

Provided finally; that reasonable measures shall be undertaken by the jail/prison administration to secure the safety of the detainee voters, prevent their escape and ensure public safety.

The petitioner states that: (a) there are loopholes, uncertainties, gaps, and ambiguities in the application of the law; 7 (b) the law does not provide for its Implementing Rules and Regulations to cover all circumstances on how detainees are allowed to vote; 8 (c) no public consultations were conducted prior to the promulgation of Resolution No. 9371; 9 and (d) Resolution No. 9371 caused partiality, inequality, prejudice, and injustice because certain detainees are conferred greater rights or privileges by allowing them to register and vote in the elections as compared to ordinary, regular or absentee voters. 10

Respondents' Arguments

The Office of the Solicitor General (OSG), on behalf of the public respondents, i.e., New Bilibid Prison, Department of Justice, COMELEC, Bureau of Jail Management and Penology (BJMP), and the Different Municipal, City and Provincial Jails in the Philippines, counters that: (a) the petition is procedurally infirm; 11 (b) the petitioner lacks standing to file the case; 12 (c) there is no actual case or controversy; 13 (d) the challenge is being brought by the petitioner four (4) years after the promulgation of Resolution No. 9371; 14 and (e) the petitioner cannot resort to a petition filed under Rule 64 of the Rules of Court, such remedy being meant only against acts committed in the exercise of ministerial or quasi-judicial and not quasi-legislative functions. 15

Ruling of the Court

Section 3, Rule 53 of the Rules of Court provides:

Section 3. Grounds for issuance of preliminary injunction. — A preliminary injunction may be granted when it is established:

(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in requiring the performance of an act or acts either for a limited period or perpetually;

(b) That the commission, continuance or non-performance of the act or acts complained of during the litigation would probably work injustice to the applicant; or

(c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectual.

This Court, in PNB v. Castalloy Technology Corporation et al., 16 explained this rule and emphasized that a writ of preliminary injunction is issued to preserve the status quo ante, upon the applicant's showing of two important requisite conditions, namely: (1) the right to be protected exists prima facie, and (2) the acts sought to be enjoined are violative of that right. It must be proven that the violation sought to be prevented would cause an irreparable injustice.

At first blush, the OSG's position does not appear to have met some of the substantive grounds asserted by petitioner, specifically, with respect to the impact of the rules on local elections and equal protection rights. Nevertheless, the Court does not want to pre-empt a resolution on the merits. Thus, a Temporary Restraining Order is required.

However, the Court in the interest of expediency and so as not to deprive the qualified detainees of their right to vote, the Court deems it proper to partially grant the prayer for a temporary restraining order on the identified provisions of COMELEC Resolution No. 9371 with a caveat that the TRO only extends to the conduct of elections on the Local Level. Qualified detainees may, if they so choose, participate in the May 9, 2016 elections on the National Level.

WHEREFORE, the Court PARTIALLY GRANTS the application for a TEMPORARY RESTRAINING ORDER and ENJOINS the Commission on Elections and the other respondents from applying the following provisions on the May 9, 2016 elections on the LOCAL LEVEL: (i) Rule 1, Section 1; (ii) Rule 1, Section 2(a) and (c); Rule 2, Section 3; (iii) Rule 3, Section 1; and (iv) Rule 7, Section 1 of COMELEC Resolution No. 9371.

This Temporary Restraining Order is NOT APPLICABLE to the May 9, 2016 elections on the NATIONAL LEVEL. Detainees are, if they so choose, ALLOWED to vote on the National Level."

NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, respondents New Bilibid Prison (Bureau of Corrections), Department of Justice, Commission on Elections, Bureau of Jail Management and Penology, Different Municipal, City and Provincial Jails in the Philippines, Enlisted Voters of the New Bilibid Prison and/or Detainees, your agents, representatives, or persons acting in your place or stead, are hereby ENJOINED from applying the following provisions on the May 9, 2016 elections on the LOCAL LEVEL: (i) Rule 1, Section 1; (ii) Rule 1, Section 2 (a) and (c); Rule 2, Section 3; (iii) Rule 3, Section 1; and (iv) Rule 7, Section 1 of COMELEC Resolution No. 9371. AcICHD

This Temporary Restraining Order is NOT APPLICABLE to the May 9, 2016 elections on the NATIONAL LEVEL. Detainees are, if they so choose, ALLOWED to vote on the National Level.

GIVEN by the Supreme Court of the Philippines, this 19th day of April 2016.

(SGD.) FELIPA B. ANAMAClerk of Court

Footnotes

1. Under Rule 64, in relation to Rule 65, of the Rules of Court, rollo, pp. 3-18.

2. In Re: Petition for the Issuance of a COMELEC Resolution Implementing the Right to Vote of Persons Deprived of their Liberty in National Prisons, Provincial, City and Municipal Jails, and Other Government Detention Facilities in the May 10, 2010 National and Local Elections.

3. Rules and Regulations on Detainee Voting in Connection with the May 10, 2010 National and Local Elections.

4. Amendments to the Rules and Regulations on Detainee Voting in Connection with the May 10, 2010 National and Local Elections, Amending Certain Portions of Resolution No. 8811.

5. Rules and Regulations for the Resumption of the System of Continuing Registration of Voters and Validation if Registration Records in the Non-ARMM Area.

6. Election Day Certified Voters List — Detainee Voters.

7. Rollo, p. 10.

8. Id. at 9.

9. Id. at 9.

10. Id. at 11.

11. Id. at 100.

12. Id.

13. Id. at 101.

14. Id. at 102.

15. Id. at 102-104.

16. G.R. No. 178367, March 19, 2012.