It can be recalled that in 2012, a petition was filed with the Supreme Court (SC) seeking to thwart the implementation of Commission on Elections (Comelec) Resolution No. 9371, which allows the participation of persons deprived of liberty (PDLs) in the national and local elections. The High Court partially granted the Petitioner’s application in 2016 and issued a temporary restraining order (TRO) for its application on local level elections.
On 26 August 2022, the SC publicly released a 9-page ruling [1] unanimously dismissing the petition against the Comelec resolution, thereby effectively lifting the TRO. The decision, penned by Associate Justice Jhosep Lopez, explains that the petitioner’s arguments failed to present a substantive case that warrants a judicial review.
The Commission on Human Rights (CHR) fully welcomes and lauds the SC’s decision. We echo the High Court’s assertion that the Comelec Resolution—contrary to the petitioner’s arguments that it was “unconstitutional” and that it “violates the equal protection of laws by favoring PDL voters over other classes of voters”—does not pose a conflict of legal rights. The enforcement of such, in no way, diminishes the petitioner’s or anyone else’s rights. By upholding PDLs’ right to suffrage, the SC only ensures the fair and equal political franchise of all qualified citizens in the country.
The right to suffrage, as enshrined in the Universal Declaration of Human Rights, the International Covenant on Rights, and the 1987 Constitution, is the ultimate expression of a democratic republic. Failure of the State to grant this right to citizens, not otherwise disqualified by law, is the true violation of the Constitution, as well as international laws.
CHR has always maintained PDLs’ right to electoral participation. During the legal proceedings of this case, CHR served as amicus curiae to the High Court, sharing our data and insights on the rights of PDLs for the judiciary’s consideration. Prior to this, in 2009, former CHR Chairperson Leila De Lima, in behalf of the 4th CHR Commission en banc, submitted a petition [] for the Comelec to establish guidelines and formulate rules and regulations for PDLs and the exercise of their right to vote.
Comelec Resolution No. 9371 is one of the many substantial outcomes of the collaborative efforts for the welfare of PDLs. It is through the joint action of the Comelec, the Bureau of Jail Management and Penology, the Philippine National Police, the Department of the Interior and Local Government, CHR, and other agencies that we are able to forward the inherent rights and dignity of PDLs. We thank the Comelec for standing by Comelec Resolution No. 9371 and for all related agencies in being allies in upholding human rights.
As we celebrate such developments and the Rule of Law Month this September, let us also call for the fair and public trial of PDLs, their right to be presumed innocent until proven guilty, right to due process, and right to equal protection of the laws. We ask the State to apply these human rights standards for all PDLs, including former CHR Chairperson and Senator Leila de Lima, as testament of their commitment to the rule of law and the basic principles of good governance. As sworn duty bearers, we must let fairness and social equality, at all times, prevail. ###
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