465 Phil. 385
CARPIO, J.:
(a) whether the petition is in fact a petition for quo warranto over which the Senate Electoral Tribunal is the sole judge;(2) On the merits, whether a special election to fill a vacant three-year term Senate seat was validly held on 14 May 2001.
(b) whether the petition is moot; and
(c) whether petitioners have standing to litigate.
[T]he IBP primarily anchors its standing on its alleged responsibility to uphold the rule of law and the Constitution. Apart from this declaration, however, the IBP asserts no other basis in support of its locus standi. The mere invocation by the IBP of its duty to preserve the rule of law and nothing more, while undoubtedly true, is not sufficient to clothe it with standing in this case. This is too general an interest which is shared by other groups and the whole citizenry x x x.We accord the same treatment to petitioners in the instant case in their capacity as voters since they raise important issues involving their right of suffrage, considering that the issue raised in this petition is likely to arise again.
Having stated the foregoing, this Court has the discretion to take cognizance of a suit which does not satisfy the requirement of legal standing when paramount interest is involved. In not a few cases, the court has adopted a liberal attitude on the locus standi of a petitioner where the petitioner is able to craft an issue of transcendental significance to the people. Thus, when the issues raised are of paramount importance to the public, the Court may brush aside technicalities of procedure. In this case, a reading of the petition shows that the IBP has advanced constitutional issues which deserve the attention of this Court in view of their seriousness, novelty and weight as precedents. Moreover, because peace and order are under constant threat and lawless violence occurs in increasing tempo, undoubtedly aggravated by the Mindanao insurgency problem, the legal controversy raised in the petition almost certainly will not go away. It will stare us in the face again. It, therefore, behooves the Court to relax the rules on standing and to resolve the issue now, rather than later.[23] (Emphasis supplied)
In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term. (Emphasis supplied)To implement this provision of the Constitution, Congress passed R.A. No. 6645, which provides in pertinent parts:
SECTION 1. In case a vacancy arises in the Senate at least eighteen (18) months or in the House of Representatives at least one (1) year before the next regular election for Members of Congress, the Commission on Elections, upon receipt of a resolution of the Senate or the House of Representatives, as the case may be, certifying to the existence of such vacancy and calling for a special election, shall hold a special election to fill such vacancy. If Congress is in recess, an official communication on the existence of the vacancy and call for a special election by the President of the Senate or by the Speaker of the House of Representatives, as the case may be, shall be sufficient for such purpose. The Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.Section 4 of Republic Act No. 7166 subsequently amended Section 2 of R.A. No. 6645, as follows:
SECTION 2. The Commission on Elections shall fix the date of the special election, which shall not be earlier than forty-five (45) days nor later than ninety (90) days from the date of such resolution or communication, stating among other things the office or offices to be voted for: Provided, however, That if within the said period a general election is scheduled to be held, the special election shall be held simultaneously with such general election. (Emphasis supplied)
Postponement, Failure of Election and Special Elections. – x x x In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the next succeeding regular election. (Emphasis supplied)Thus, in case a vacancy arises in Congress at least one year before the expiration of the term, Section 2 of R.A. No. 6645, as amended, requires COMELEC: (1) to call a special election by fixing the date of the special election, which shall not be earlier than sixty (60) days nor later than ninety (90) after the occurrence of the vacancy but in case of a vacancy in the Senate, the special election shall be held simultaneously with the next succeeding regular election; and (2) to give notice to the voters of, among other things, the office or offices to be voted for.
to give the voters a direct participation in the affairs of their government, either in determining who shall be their public officials or in deciding some question of public interest; and for that purpose all of the legal voters should be permitted, unhampered and unmolested, to cast their ballot. When that is done and no frauds have been committed, the ballots should be counted and the election should not be declared null. Innocent voters should not be deprived of their participation in the affairs of their government for mere irregularities on the part of the election officers, for which they are in no way responsible. A different rule would make the manner and method of performing a public duty of greater importance than the duty itself.[36] (Emphasis in the original)
S[ENATOR] T[ATAD]. Mr. President, I move that we now consider Proposed Senate Resolution No. 934 [later converted to Resolution No. 84].Evidently, COMELEC, in the exercise of its discretion to use means and methods to conduct the special election within the confines of R.A. No. 6645, merely chose to adopt the Senate’s proposal, as embodied in Resolution No. 84. This Court has consistently acknowledged and affirmed COMELEC’s wide latitude of discretion in adopting means to carry out its mandate of ensuring free, orderly, and honest elections subject only to the limitation that the means so adopted are not illegal or do not constitute grave abuse of discretion.[38] COMELEC’s decision to abandon the means it employed in the 13 November 1951 and 8 November 1955 special elections and adopt the method embodied in Resolution No. 84 is but a legitimate exercise of its discretion. Conversely, this Court will not interfere should COMELEC, in subsequent special senatorial elections, choose to revert to the means it followed in the 13 November 1951 and 8 November 1955 elections. That COMELEC adopts means that are novel or even disagreeable is no reason to adjudge it liable for grave abuse of discretion. As we have earlier noted:
T[HE] P[RESIDENT]. Is there any objection? [Silence] There being none, the motion is approved.
Consideration of Proposed Senate Resolution No. 934 is now in order. With the permission of the Body, the Secretary will read only the title and text of the resolution.
T[HE] S[ECRETARY]. Proposed Senate Resolution No. 934 entitledRESOLUTION CERTIFYING TO THE EXISTENCE OF A VACANCY IN THE SENATE AND CALLING ON THE COMMISSION ON ELECTIONS (COMELEC) TO FILL UP SUCH VACANCY THROUGH ELECTION TO BE HELD SIMULTANEOUSLY WITH THE REGULAR ELECTION ON MAY 14, 2001 AND THE SENATOR THUS ELECTED TO SERVE ONLY FOR THE UNEXPIRED TERMWHEREAS, the Honorable Teofisto T. Guingona, Jr. was elected Senator of the Philippines in 1998 for a term which will expire on June 30, 2004;
WHEREAS, on February 6, 2001, Her Excellency President Gloria Macapagal Arroyo nominated Senator Guingona as Vice-President of the Philippines;
WHEREAS, the nomination of Senator Guingona has been confirmed by a majority vote of all the members of both House of Congress, voting separately;
WHEREAS, Senator Guingona will take his Oath of Office as Vice-President of the Philippines on February 9, 2001;
WHEREAS, Republic Act No. 7166 provides that the election for twelve (12) Senators, all elective Members of the House of Representatives, and all elective provincial city and municipal officials shall be held on the second Monday and every three years thereafter; Now, therefore, be it
RESOLVED by the Senate, as it is hereby resolved, to certify, as it hereby certifies, the existence of a vacancy in the Senate and calling the Commission on Elections (COMELEC) to fill up such vacancy through election to be held simultaneously with the regular election on May 14, 2001 and the Senator thus elected to serve only for the unexpired term.
Adopted,(Sgd.) FRANCISCO S. TATAD
Senator
S[ENATOR] T[ATAD]. Mr. President, I move for the adoption of this resolution.
S[ENATOR] O[SMEÑA] (J). Mr. President.
T[HE] P[RESIDENT]. Sen. John H. Osmeña is recognized.
S[ENATOR] O[SMEÑA] (J). Thank you, Mr. President. Will the distinguished Majority Leader, Chairman of the Committee on Rules, author of this resolution, yield for a few questions?
S[ENATOR] T[ATAD]. With trepidation, Mr. President. [Laughter]
S[ENATOR] O[SMEÑA] (J). What a way of flattery. [Laughter]
Mr. President, I think I recall that sometime in 1951 or 1953, there was a special election for a vacant seat in the Senate. As a matter of fact, the one who was elected in that special election was then Congressman, later Senator Feli[s]berto Verano.
In that election, Mr. President, the candidates contested the seat. In other words, the electorate had to cast a vote for a ninth senator – because at that time there were only eight – to elect a member or rather, a candidate to that particular seat.
Then I remember, Mr. President, that when we ran after the EDSA revolution, twice there were 24 candidates and the first 12 were elected to a six-year term and the next 12 were elected to a three-year term.
My question therefore is, how is this going to be done in this election? Is the candidate with the 13th largest number of votes going to be the one to take a three-year term? Or is there going to be an election for a position of senator for the unexpired term of Sen. Teofisto Guingona?
S[ENATOR] T[ATAD]. Mr. President, in this resolution, we are leaving the mechanics to the Commission on Elections. But personally, I would like to suggest that probably, the candidate obtaining the 13th largest number of votes be declared as elected to fill up the unexpired term of Senator Guingona.
S[ENATOR] O[SMEÑA] (J). Is there a law that would allow the Comelec to conduct such an election? Is it not the case that the vacancy is for a specific office? I am really at a loss. I am rising here because I think it is something that we should consider. I do not know if we can… No, this is not a Concurrent Resolution.
S[ENATOR] T[ATAD]. May we solicit the legal wisdom of the Senate President.
T[HE] P[RESIDENT]. May I share this information that under Republic Act No. 6645, what is needed is a resolution of this Chamber calling attention to the need for the holding of a special election to fill up the vacancy created, in this particular case, by the appointment of our colleague, Senator Guingona, as Vice President.
It can be managed in the Commission on Elections so that a slot for the particular candidate to fill up would be that reserved for Mr. Guingona’s unexpired term. In other words, it can be arranged in such a manner.
x x x x
S[ENATOR] R[OCO]. Mr. President.
T[HE] P[RESIDENT]. Sen. Raul S. Roco is recognized.
S[ENATOR] R[OCO]. May we suggest, subject to a one-minute caucus, wordings to the effect that in the simultaneous elections, the 13th placer be therefore deemed to be the special election for this purpose. So we just nominate 13 and it is good for our colleagues. It is better for the candidates. It is also less expensive because the ballot will be printed and there will be less disfranchisement.
T[HE] P[RESIDENT]. That is right.
S[ENATOR] R[OCO]. If we can just deem it therefore under this resolution to be such a special election, maybe, we satisfy the requirement of the law.
T[HE] P[RESIDENT]. Yes. In other words, this shall be a guidance for the Comelec.
S[ENATOR] R[OCO]. Yes.
T[HE] P[RESIDENT]. – to implement.
S[ENATOR] R[OCO]. Yes. The Comelec will not have the flexibility.
T[HE] P[RESIDENT]. That is right.
S[ENATOR] R[OCO]. We will already consider the 13th placer of the forthcoming elections that will be held simultaneously as a special election under this law as we understand it.
T[HE] P[RESIDENT]. Yes. That will be a good compromise, Senator Roco.
S[ENATOR] R[OCO]. Yes. So if the sponsor can introduce that later, maybe it will be better, Mr. President.
T[HE] P[RESIDENT]. What does the sponsor say?
S[ENATOR] T[ATAD]. Mr. President, that is a most satisfactory proposal because I do not believe that there will be anyone running specifically –
T[HE] P[RESIDENT]. Correct.
S[ENATOR] T[ATAD]. – to fill up this position for three years and campaigning nationwide.
T[HE] P[RESIDENT]. Actually, I think what is going to happen is the 13th candidate will be running with specific groups.
S[ENATOR] T[ATAD]. Yes. Whoever gets No. 13.
T[HE] P[RESIDENT]. I think we can specifically define that as the intent of this resolution.
S[ENATOR] T[ATAD]. Subject to style, we accept that amendment and if there will be no other amendment, I move for the adoption of this resolution.
x x x x
ADOPTION OF S. RES. NO. 934
If there are no other proposed amendments, I move that we adopt this resolution.
T[HE] P[RESIDENT]. There is a motion to adopt this resolution. Is there any objection? [Silence] There being none, the motion is approved.[37]
The Commission on Elections is a constitutional body. It is intended to play a distinct and important part in our scheme of government. In the discharge of its functions, it should not be hampered with restrictions that would be fully warranted in the case of a less responsible organization. The Commission may err, so may this Court also. It should be allowed considerable latitude in devising means and methods that will insure the accomplishment of the great objective for which it was created — free, orderly and honest elections. We may not agree fully with its choice of means, but unless these are clearly illegal or constitute gross abuse of discretion, this court should not interfere.[39]
Name | (as of 4 June 2001) |
NOLI DE CASTRO | 16,157,811 |
JUAN M. FLAVIER | 11,676,129 |
SERGIO R. OSMEÑA, III | 11,531,427 |
FRANKLIN M. DRILON | 11,223,020 |
RAMON B. MAGSAYSAY, JR. | 11,187,447 |
JOKER P. ARROYO | 11,163,801 |
MANUEL B. VILLAR, JR. | 11,084,884 |
FRANCIS N. PANGILINAN | 10,877,989 |
EDGARDO J. ANGARA | 10,746,843 |
PANFILO M. LACSON | 10,481,755 |
LUISA P. EJERCITO ESTRADA | 10,456,674 |
RALPH G. RECTO | 10,387,108 |
GREGORIO G. HONASAN | 10,364,272 |
NOW, THEREFORE, by virtue of the powers vested in it under the Constitution, Omnibus Election Code and other election laws, the Commission on Elections sitting En Banc as the National Board of Canvassers hereby proclaims the above-named thirteen (13) candidates as the duly elected Senators of the Philippines in the May 14, 2001 elections. Based on the Certificates of Canvass finally tabulated, the first twelve (12) Senators shall serve for a term of six (6) years and the thirteenth (13th) Senator shall serve the unexpired term of three (3) years of Senator Teofisto T. Guingona, Jr., who was appointed Vice-President of the Philippines pursuant to Section 9, Article VII of the Constitution, in relation to Section 9, Article VI thereof, as implemented under Republic Act No. 6645. (emphasis supplied)On June 21, 2001, petitioners filed with the Court their petition for prohibition to stop respondent COMELEC from proclaiming any senatorial candidate in the May 14, 2001 election as having been elected for the lone senate seat for a three-year term. Copies of the petition were served on respondent COMELEC twice, first on June 20, 2001 by registered mail, and second on June 21, 2001, by personal delivery of petitioner Mojica. On June 26, 2001 the Court issued a Resolution requiring respondent COMELEC to comment within ten days from notice. Even before filing its comment, respondent COMELEC issued Resolution No. NBC-01-006 on July 20, 2001, the dispositive portion of which reads, viz:
NOW, THEREFORE, by virtue of the powers vested in it under the Constitution, Omnibus Election Code and other election laws, the Commission on Elections sitting as the National Board of Canvassers hereby DECLARES official and final the above ranking of the proclaimed 13 Senators of the Philippines in relation to NBC Resolution No. 01-005 promulgated June 5, 2001.Resolution No. NBC-01-006 indicates the following ranking of the 13 Senators with the corresponding votes they garnered as of June 20, 2001:
On the day of its promulgation, respondent COMELEC forwarded Resolution No. NBC-01-006 to the President of the Senate. On July 23, 2001, the thirteen senators, inclusive of respondents Honasan and Recto, took their oaths of office before the Senate President.
1. De Castro, Noli L. - 16,237,386 2. Flavier, Juan M. - 11,735,897 3. Osmeña, Sergio II R. - 11,593,389 4. Drilon, Franklin M. - 11,301,700 5. Arroyo, Joker P. - 11,262,402 6. Magsaysay, Ramon Jr. B. - 11,250,677 7. Villar, Manuel Jr. B. - 11,187,375 8. Pangilinan, Francis N. - 10,971,896 9. Angara, Edgardo J. - 10,805,177 10. Lacson, Panfilo M. - 10,535,559 11. Ejercito-Estrada, Luisa P. - 10,524,130 12. Recto, Ralph - 10,498,940 13. Honasan, Gregorio - 10,454,527
(a) A vacancy in the Senate was created by the election of Senator Fernando Lopez as Vice-President in the 1949 elections. A special election was held in November 1951 to elect his successor to the vacated Senate position for a term to expire on 30 December 1953. Said special election was held simultaneously with the regular election of 1951. A separate space in the official ballot was provided for Senatorial candidates for the two year term; moreover, the candidates for the single Senate term for two years filed certificates of candidacy separate and distinct from those certificates of candidacy filed by the group of Senatorial candidates for the six year term.Petitioners thus pray that the Court declare the following:
(...the votes for the twenty (20) candidates who filed certificates of candidacy for the eight Senate seats with six year terms were tallied and canvassed separately from the votes for the five candidates who filed certificates of candidacy for the single Senate seat with a two year term...)
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(b) Again, a vacancy was created in the Senate by the election of then Senator Carlos P. Garcia to the Vice Presidency in the 1953 presidential elections. A special election was held in November 1955 to elect his successor to the vacated Senatorial position for a two year term expiring on 30 December 1957.
Said special election for one senator to fill the vacancy left by the Honorable Carlos Garcia was held in November 1955 simultaneously with the regular election for eight Senate seats with a six year term. Here, separate spaces were provided for in the official ballot for the single Senate seat for the two year term as differentiated from the eight Senate seats with six year terms. The results as recorded by Senate official files show that votes for the candidates for the Senate seat with a two-year term were separately tallied from the votes for the candidates for the eight Senate seats with six-year term...[1] (emphases supplied)
Respondents filed their respective comments averring the following procedural flaws: (1) the Court has no jurisdiction over the petition for quo warranto; (2) the petition is moot; and (3) the petitioners have no standing to litigate. On the merits, they all defend the validity of the special election on the ground that the COMELEC had discretion to determine the manner by which the special election should be conducted and that the electorate was aware of the method the COMELEC had adopted. Moreover, they dismiss the deviations from the election laws with respect to the filing of certificates of candidacy for the special elections and the failure to provide in the official ballot a space for the special election vote separate from the twelve spaces for the regular senatorial election votes as inconsequential. They claim that these laws are merely directory after the election.
(a) that no special election was conducted by respondent COMELEC for the single Senate seat with a three year term in the 14 May 2001 election.(b) null and void respondent COMELEC’s Resolutions No. NBC01-005 dated 5 June 2001 and NBC01-006 dated 20 July 2001 for having been promulgated without any legal authority at all insofar as said resolutions proclaim the Senatorial candidate who obtained the thirteenth highest number of votes canvassed during the 14 May 2001 election as a duly elected Senator.[2]
Sec. 9. In case of vacancy in the Senate or in the House of Representatives, a special election may be called to fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.Congress passed R.A. No. 6645, “An Act Prescribing the Manner of Filling a Vacancy in the Congress of the Philippines,” to implement this constitutional provision. The law provides, viz:
SECTION 1. In case a vacancy arises in the Senate at least eighteen (18) months or in the House of Representatives at least one (1) year before the next regular election for Members of Congress, the Commission on Elections, upon receipt of a resolution of the Senate or the House of Representatives, as the case may be, certifying to the existence of such vacancy and calling for a special election, shall hold a special election to fill such vacancy. If the Congress is in recess, an official communication on the existence of the vacancy and call for a special election by the President of the Senate or by the Speaker of the House of Representatives, as the case may be, shall be sufficient for such purpose. The Senator or Member of the House of Representatives thus elected shall serve only for the unexpired term.R.A. No. 6645 was amended in 1991 by R.A. No. 7166 which provides in Section 4, viz:
SECTION 2. The Commission on Elections shall fix the date of the special election, which shall not be earlier than forty-five (45) days nor later than ninety (90) days from the date of such resolution or communication, stating among other things, the office or offices to be voted for: Provided, however, That if within the said period a general election is scheduled to be held, the special election shall be held simultaneously with such general election.
SECTION 3. The Commission on Elections shall send copies of the resolution, in number sufficient for due distribution and publication, to the Provincial or City Treasurer of each province or city concerned, who in turn shall publish it in their respective localities by posting at least three copies thereof in as many conspicuous places in each of their election precincts, and a copy in each of the polling places and public markets, and in the municipal buildings. (emphasis supplied)
SECTION 4. Postponement, Failure of Election and Special Election. - The postponement, declaration of failure of election and the calling of special elections as provided in Sections 5, 6, and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members...
In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) days after the occurrence of the vacancy. However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the next succeeding regular election. (emphases supplied)
Art. 4. The government of the Republic is popular,representative, alternative, and responsible and is exercised by three distinct powers, which are denominated legislative, executive and judicial...Shortly after the promulgation of the Malolos Constitution, the Philippines fell under American rule. The Americans adopted the policy of gradually increasing the autonomy of the Filipinos before granting their independence.[13] In 1934, the U.S. Congress passed the Tydings-McDuffie Law “xxx the last of the constitutional landmarks studding the period of constitutional development of the Filipino people under the American regime before the final grant of Philippine independence.”[14] Under this law, the American government authorized the Filipino people to draft a constitution in 1934 with the requirement that the “constitution formulated and drafted shall be republican in form.” In conformity with this requirement,[15] Article II, Section 1 of the 1935 Philippine Constitution was adopted, viz:
Sec. 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.The delegates to the Constitutional Convention understood this form of government to be that defined by James Madison, viz:
We may define a republic to be a government which derives all its power directly or indirectly from the great body of the people; and is administered by persons holding offices during pleasure, for a limited period, or during good behavior. It is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it. It is sufficient for such government that the person administering it be appointed either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified.[16] (emphases supplied)The 1973 Constitution adopted verbatim Article II, Section 1 of the 1935 Constitution. So did the 1987 Constitution. The delegates to the 1986 Constitutional Commission well understood the meaning of a republican government. They adopted the explanation by Jose P. Laurel in his book, Bread and Freedom, The Essentials of Popular Government, viz:
When we refer to popular government or republican government or representative government, we refer to some system of popular representation where the powers of government are entrusted to those representatives chosen directly or indirectly by the people in their sovereign capacity.[17] (emphasis supplied)An outstanding feature of the 1987 Constitution is the expansion of the democratic space giving the people greater power to exercise their sovereignty. Thus, under the 1987 Constitution, the people can directly exercise their sovereign authority through the following modes, namely: (1) elections; (2) plebiscite; (3) initiative; (4) recall; and (5) referendum. Through elections, the people choose the representatives to whom they will entrust the exercise of powers of government.[18] In a plebiscite, the people ratify any amendment to or revision of the Constitution and may introduce amendments to the constitution.[19] Indeed, the Constitution mandates Congress to “provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any law or part thereof passed by the Congress or local legislative body. . .” It also directs Congress to “enact a local government code which shall provide for effective mechanisms of recall, initiative, and referendum.”[20] Pursuant to this mandate, Congress enacted the Local Government Code of 1991 which defines local initiative as the “legal process whereby the registered voters of a local government unit may directly propose, enact, or amend any ordinance through an election called for the purpose.” Recall is a method of removing a local official from office before the expiration of his term because of loss of confidence.[21] In a referendum, the people can approve or reject a law or an issue of national importance.[22] Section 126 of the Local Government Code of 1991 defines a local referendum as “the legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the sanggunian.”
MR. SUAREZ. . . . May I call attention to Section 1. I wonder who among the members of the committee would like to clarify this question regarding the use of the word “democratic” in addition to the word “republican.” Can the honorable members of the committee give us the reason or reasons for introducing this additional expression? Would the committee not be satisfied with the use of the word “republican”? What prompted it to include the word “democratic”?In other portions of the Records, Commissioner Nolledo explains the significance of the word “democratic”, viz:
xxx xxx xxx
MR. NOLLEDO. Madam President, I think as a lawyer, the Commissioner knows that one of the manifestations of republicanism is the existence of the Bill of Rights and periodic elections, which already indicates that we are a democratic state. Therefore, the addition of “democratic” is what we call “pardonable redundancy” the purpose being to emphasize that our country is republican and democratic at the same time. . . In the 1935 and 1973 Constitutions, “democratic” does not appear. I hope the Commissioner has no objection to that word.
MR. SUAREZ. No, I would not die for that. If it is redundant in character but it is for emphasis of the people’s rights, I would have no objection. I am only trying to clarify the matter.[24] (emphasis supplied)
MR. NOLLEDO. I am putting the word “democratic” because of the provisions that we are now adopting which are covering consultations with the people. For example, we have provisions on recall, initiative, the right of the people even to participate in lawmaking and other instances that recognize the validity of interference by the people through people’s organizations . . .[25]The following exchange between Commissioners Sarmiento and Azcuna is of the same import:
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MR. OPLE. The Committee added the word “democratic” to “republican,” and, therefore, the first sentence states: “The Philippines is a republican and democratic state.”
May I know from the committee the reason for adding the word “democratic” to “republican”? The constitutional framers of the 1935 and 1973 Constitutions were content with “republican.” Was this done merely lor the sake of emphasis?
MR. NOLLEDO. Madam President, that question has been asked several times, but being the proponent of this amendment, I would like the Commissioner to know that “democratic” was added because of the need to emphasize people power and the many provisions in the Constitution that we have approved related to recall, people’s organizations, initiative and the like, which recognize the participation of the people in policy-making in certain circumstances.”
MR. OPLE. I thank the Commissioner. That is a very clear answer and I think it does meet a need. . .
xxx xxx xxx
MR. NOLLEDO. According to Commissioner Rosario Braid, “democracy” here is understood as participatory democracy.[26] (emphasis supplied)
MR. SARMIENTO. When we speak of republican democratic state, are we referring to representative democracy?
MR. AZCUNA. That is right.
MR. SARMIENTO. So, why do we not retain the old formulation under the 1973 and 1935 Constitutions which used the words “republican state” because “republican state” would refer to a democratic state where people choose their representatives?
MR. AZCUNA. We wanted to emphasize the participation of the people in government.
MR. SARMIENTO. But even in the concept “republican state,” we are stressing the participation of the people. . . So the word “republican” will suffice to cover popular representation.
MR. AZCUNA. Yes, the Commissioner is right. However, the committee felt that in view of the introduction of the aspects of direct democracy such as initiative, referendum or recall, it was necessary to emphasize the democratic portion of republicanism, of representative democracy as well. So, we want to add the word “democratic” to emphasize that in this new Constitution there are instances where the people would act directly, and not through their representatives.[27] (emphasis supplied)
In every country where man is free to think and to speak, differences of opinion arise from difference of perception, and the imperfection of reason; but these differences when permitted, as in this happy country, to purify themselves by discussion, are but as passing clouds overspreading our land transiently and leaving our horizon more bright and serene.[63]Other noted political philosophers like John Stuart Mill conceived of the “marketplace of ideas” as a necessary means of testing the validity of ideas, viz:
(N)o one’s opinions deserve the name of knowledge, except so far as he has either had forced upon him by others, or gone through of himself, the same mental process which could have been required of him in carrying on an active controversy with opponents.[64]In the same vein, political philosopher Alexander Meiklejohn, in his article “Free Speech Is An Absolute,” stressed that, “(s)elf-government can exist only insofar as the voters acquire the intelligence, integrity, sensitivity, and generous devotion to the general welfare that, in theory, casting a ballot is assumed to express.”[65] To vote intelligently, citizens need information about their government.[66] Even during the diaper days of U.S. democracy, the Framers of the U.S. Constitution postulated that self-governing people should be well-informed about the workings of government to make intelligent political choices. In discussing the First Amendment, James Madison said: “The right of freely examining public characters and measures, and of free communication thereon, is the only effectual guardian of every other right....”[67] Thus, the United States, a representative democracy, has generally subscribed to the notion that public information and participation are requirements for a representative democracy where the electorate make informed choices. The First Amendment to the U.S. Constitution, which establishes freedom of the press and speech supports this proposition. The First Amendment’s jealous protection of free expression is largely based on the ideas that free and open debate will generate truth and that only an informed electorate can create an effective democracy.[68]
Those who won our independence believed that the final end of the state was to make men free to develop their faculties, and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government. They recognized the risks to which all human institutions are subject. But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law-the argument of force in its worst form. Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed.[94]The U.S. Supreme Court also held in Stromberg v. California[95] that the First Amendment provides “the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means...”[96] The Amendment is “the repository of...self-governing powers”[97] as it provides a peaceful means for political and social change through public discussion. In Mills v. State of Alabama,[98] it ruled that there may be differences about interpretations of the First Amendment, but there is practically universal agreement that a major purpose of the Amendment was to protect the free discussion of governmental affairs. This of course includes discussions of candidates, structures and forms of government, the manner in which government is operated or should be operated, all such matters relating to political processes.[99] Justice William J. Brennan summarized the principle succinctly in his opinion for the Court in Garrison v. Louisiana, viz: “...speech concerning public affairs is more than self-expression; it is the essence of self-government. (emphasis supplied)”[100]
Sec. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. (emphasis supplied)This provision on the right to information sans the phrase “as well as to government research data” made its maiden appearance in the Bill of Rights of the 1973 Constitution. The original draft of the provision presented to the 1971 Constitutional Convention merely said that access to official records and the right to information “shall be afforded the citizens as may be provided by law.” Delegate De la Serna pointed out, however, that the provision did not grant a self-executory right to citizens. He thus proposed the rewording of the provision to grant the right but subject to statutory limitations.[101] The 1973 Constitution thus provided in Section 6, Article IV, viz:
Sec. 6. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, shall be afforded the citizen subject to such limitations as may be provided by law.The change in phraseology was important as in the pre-1973 case of Subido v. Ozaeta,[102] this Court held that freedom of information or freedom to obtain information for publication is not guaranteed by the constitution. In that case, the issue before the Court was whether the press and the public had a constitutional right to demand the examination of the public land records. The Court ruled in the negative but held that the press had a statutory right to examine the records of the Register of Deeds because the interest of the press was real and adequate.
Sec. 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. (emphasis supplied)Related to the above provision is Section 21 of Article XI, National Economy and Patrimony, which provides, viz:
Sec. 21. Foreign loans may be incurred in accordance with law and the regulation of the monetary authority. Information on foreign laws obtained or guaranteed by the Government shall be made available to the public. (emphasis supplied)The indispensability of access to information involving public interest and government transparency in Philippine democracy is clearly recognized in the deliberations of the 1987 Constitutional Commission, viz:
MR. OPLE. Mr. Presiding Officer, this amendment is proposed jointly by Commissioners Ople, Rama, Trenas, Romulo, Regalado and Rosario Braid. It reads as follows: “SECTION 24. THE STATE SHALL ADOPT AND IMPLEMENT A POLICY OF FULL PUBLIC DISCLOSURE OF ALL ITS TRANSACTIONS SUBJECT TO REASONABLE SAFEGUARDS ON NATIONAL INTEREST AS MAY BE PROVIDED BY LAW.”Commissioners Bernas and Rama made the following observations on the principle of government transparency and the public’s right to information:xxx xxx xxx
In the United States, President Aquino has made much of the point that the government should be open and accessible to the public. This amendment is by way of providing an umbrella statement in the Declaration of Principles for all these safeguards for an open and honest government distributed all over the draft Constitution. It establishes a concrete, ethical principle for the conduct of public affairs in a genuinely open democracy, with the people’s right to know as the centerpiece.[106] (emphasis supplied)
FR. BERNAS. Just one observation, Mr. Presiding Officer. I want to comment that Section 6 (referring to Section 7, Article III on the right to information) talks about the right of the people to information, and corresponding to every right is a duty. In this particular case, corresponding to this right of the people is precisely the duty of the State to make available whatever information there may be needed that is of public concern. Section 6 is very broadly stated so that it covers anything that is of public concern. It would seem also that the advantage of Section 6 is that it challenges citizens to be active in seeking information rather than being dependent on whatever the State may release to them.The importance of information in a democratic framework is also recognized in Section 24, Article II, viz:
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MR. RAMA. There is a difference between the provisions under the Declaration of Principles and the provision under the Bill of Rights. The basic difference is that the Bill of Rights contemplates coalition (sic) (collision?) between the rights of the citizens and the State. Therefore, it is the right of the citizen to demand information. While under the Declaration of Principles, the State must have a policy, even without being demanded, by the citizens, without being sued by the citizen, to disclose information and transactions. So there is a basic difference here because of the very nature of the Bill of Rights and the nature of the Declaration of Principles.[107] (emphases supplied)
Sec. 24. The State recognizes the vital role of communication and information in nation-building. (emphasis supplied).Section 10 of Article XVI, General Provisions is a related provision. It states, viz:
Sec. 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press. (emphasis supplied)The sponsorship speech of Commissioner Braid expounds on the rationale of these provisions on information and communication, viz:
MS. ROSARIO BRAID. We cannot talk of the functions of communication unless we have a philosophy of communication, unless we have a vision of society. Here we have a preferred vision where opportunities are provided for participation by as many people, where there is unity even in cultural diversity, for there is freedom to have options in a pluralistic society. Communication and information provide the leverage for power. They enable the people to act, to make decisions, to share consciousness in the mobilization of the nation.[108] (emphasis supplied)In Valmonte v. Belmonte,[109] the Court had occasion to rule on the right to information of a lawyer, members of the media and plain citizens who sought from the Government Service Insurance System a “list of the names of the Batasang Pambansa members belonging to the UNIDO and PDP-Laban who were able to secure clean loans immediately before the February 7 election thru the intercession/marginal note of the then First Lady Imelda Marcos.”[110] In upholding the petitioners’ right, the Court explained the rationale of the right to information in a democracy, viz:
This is not the first time that the Court is confronted wth a controversy directly involving the constitutional right to information. In Tañada v. Tuvera, G.R. No. 63915, April 2 , 1985, 136 SCRA 27 (involving the need for adequate notice to the public of the various laws which are to regulate the actions and conduct of citizens) and in the recent case of Legaspi v. Civil Service Commission, G.R. No. 72119, May 29, 1987, 150 SCRA 530 (involving the concern of citizens to ensure that government positions requiring civil service eligibility are occupied only by persons who are eligibles), the Court upheld the people’s constitutional right to be informed of matters of public interest and ordered the government agencies concerned to act as prayed for by the petitioners.The Court made a similar ruling in Gonzales v. Narvasa[112] which involved the petitioner’s request addressed to respondent Executive Secretary Ronaldo B. Zamora for the “names of the executive officials holding multiple positions in government, copies of their appointments, and a list of the recipients of luxury vehicles seized by the Bureau of Customs and turned over to Malacañang.”[113] The respondent was ordered to furnish the petitioner the information requested. The Court held, viz:
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An informed citizenry with access to the diverse currents in political, moral and artistic thought and data relative to them, and the free exchange of ideas and discussion of issues thereon is vital to the democratic government envisioned under our Constitution. The cornerstone of this republican system of government is delegation of power by the people to the State. In this system, governmental agencies and institutions operate within the limits of the authority conferred by the people. Denied access to information on the inner workings of government, the citizenry can become prey to the whims and caprices of those to whom the power had been delegated...
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...The right of access to information ensures that these freedoms are not rendered nugatory by the government’s monopolizing pertinent information. For an essential element of these freedoms is to keep open in continuing dialogue or process of communication between the government, and the people. It is in the interest of the State that the channels for free political discussion be maintained to the end that the government may perceive and be responsive to the people’s will. Yet, this open dialogue can be effective only to the extent that the citizenry is informed and thus able to formulate its will intelligently. Only when the participants in a discussion are aware of the issues and have access to information relating thereto can such bear fruit.
The right to information is an essential premise of a meaningful right to speech and expression. But this is not to say that the right to information is merely an adjunct of and therefore restricted in application by the exercise of the freedoms of speech and of the press. Far from it. The right to information goes hand-in-hand with the constitutional policies of full public disclosure (footnote omitted) and honesty in the public service (footnote omitted). It is meant to enhance the widening role of the citizenry in governmental decision-making as well as in checking abuse in government.[111] (emphases supplied)
Under both the 1973 (footnote omitted) and 1987 Constitution, this (the right to information) is a self-executory provision which can be invoked by any citizen before the courts...The importance of an informed citizenry in a working democracy was again emphasized in Chavez v. Public Estates Authority and Amari Coastal Bay Development Corporation[115] where we held, viz:
Elaborating on the significance of the right to information, the Court said in Baldoza v. Dimaano (71 SCRA 14 [1976]...) that “[t]he incorporation of this right in the Constitution is a recognition of the fundamental role of free exchange of information in a democracy. There can be no realistic perception by the public of the nation’s problems, nor a meaningful democratic decision-making if they are denied access to information of general interest. Information is needed to enable the members of society to cope with the exigencies of the times.”[114] (emphases supplied)
The State policy of full transparency in all transactions involving public interest reinforces the people’s right to information on matters of public concern.These twin provisions (on right to information under Section 7, Article III and the policy of full public disclosure under Section 28, Article II) of the Constitution seek to promote transparency in policy-making and in the operations of the government, as well as provide the people sufficient information to exercise effectively other constitutional rights. These twin provisions are essential to the exercise of freedom of expression. If the government does not disclose its official acts, transactions and decisions to citizens, whatever citizens may say, even if expressed without any restraint, will be speculative and amount to nothing. These twin provisions are also essential to hold public officials “at all times x x x accountable to the people,” (footnote omitted) for unless citizens have the proper information, they cannot hold public officials accountable for anything. Armed with the right information, citizens can participate in public discussions leading to the formulation of government policies and their effective implementation. An informed citizenry is essential to the existence and proper functioning of any democracy.[116] (emphases supplied)
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Although there is not unanimity of judicial opinion as to the requirement of official notice, if the vacancy is to be filled at the time of a general election, yet it appears to be almost universally held that if the great body of the electors are misled by the want of such notice and are instead led to believe that no such election is in fact to be held, an attempted choice by a small percentage of the voters is void. Wilson v. Brown, 109 Ky 229, 139 Ky 397, 58 SW 595; Wooton v. Wheeler, 149 Ky 62, 147 SW 914; Secord v. Foutch, 44 Mich 89, 6 NW 110; Bolton v. Good, 41 NJL 296 (other citations omitted).As early as the 1897 case of People ex rel. Dix v. Kerwin,[120] the requirement of notice in an election has been recognized, viz:
Notice to the electors that a vacancy exists and that an election is to be held to fill it for the unexpired term, is essential to give validity to the meeting of an electoral body to discharge that particular duty, and is also an essential and characteristic element of a popular election. Public policy requires that it should be given in such form as to reach the body of the electorate. Here there had been no nominations to fill the vacancy, either by the holding of a special primary election, or by nomination by county political conventions or party committees. The designation of the office to be filled was not upon the official ballot. As before noted, except for the vacancy, it would have no place there, as the term of office of the incumbent, if living, would not expire until January 1, 1947.[119] (emphases supplied)
... We are not prepared to hold that this statute (requiring the giving of notice) is, under all circumstances and at all times, so far mandatory that a failure to observe its requirements will defeat an election otherwise regularly holden. There are many cases which hold that elections regularly held and persons regularly voted for on nominations made where there has been failure to observe some specific statutory requirement will not thereby be necessarily defeated and the direction may, because of the excusing circumstances, be held directory rather than mandatory. We do not believe the circumstances of the present case, as they are now exhibited, bring it all within this rule. The theory of elections is that there shall be due notice given to the voters, and that they must be advised either by a direct notice published by the clerk, as provided by statute, or by proceedings taken by the voters and the people generally in such a way as that it may be fairly inferred that it was generally and thoroughly well understood that a particular office was to be filled at the election, so that the voters should act understandingly and intelligently in casting their ballots.Similarly, in Griffith v. Mercer County Court, et al.,[122] it was held, viz:
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Since there was no notice published according to the statute, we may not assume that the nomination was regularly made, or that the voters were duly notified that the office was to be filled at that general election, nine days afterwards. It has been generally held that some notice, regular in its form, and pursuant to the requirements of law, must be given as a safeguard to popular elections, that the people may be informed for what officers they are to vote. Of course, it might easily be true, as has already been suggested, that, if nominations had been made for an office, certificates regularly filed, and tickets regularly printed, even though the clerk had failed to publish his notice, there would be no presumption that the body of the voters were uninformed as to their rights and as to the positions which were to be filled. People v. Porter, 6 Cal. 26; Secord v. Foutch, 44 Mich 89, 6 N.W. 110; Adsit v. Osmun, 84 Mich. 420, 48 N.W. 31; Allen v. Glynn, 17 Colo. 338, 29 Pac. 670; Stephens v. People, 89 111. 337.[121] (emphases supplied)
There is a clear distinction between the case of a vacancy which is to be filled at a special election to be held at a time and place to be appointed by some officer or tribunal, authorized by statute to call it, and a case where the statute itself provides for filling a vacancy at the next general election after it occurs. In such case nearly all the authorities hold that if the body of electors do in fact know the vacancy exists, and candidates are regularly nominated by the various political parties to fill it, and the candidates receive most of the votes cast, such election is valid, even though no notice thereof was published in a manner provided by the statute. It would be hypertechnical and unreasonable to hold that a failure to comply literally with the statute in such case would avoid the election.[123] (emphasis supplied)In Duquette, Kerwin and Griffith, as in a great majority of cases on the state level, the mere fact that the election to fill a vacancy occasioned by death, resignation, removal, or the like is held at the time of a general election in accordance with a constitutional or statutory provision, is not regarded as sufficient in itself to validate the election if no notice of the election was given; it has been held that in such a case, it must be shown that a sufficient part of the electors have actual notice that the vacancy is to be filled. The fact that a great percentage of voters cast their votes despite the failure of giving proper notice of the elections appears to be the most decisive single factor to hold that sufficient actual notice was given.[124] These doctrines were reiterated in Lisle, et al. v. C.L. Schooler[125] where it was held that mere allegation that “many” voters were informed that a special election to fill a vacancy was being held was unsatisfactory proof of sufficient notice.
. . .No one knows what changes in the fundamental principles of the constitution the Convention will be minded to approve. To be more specific, we do not have any means of foreseeing whether the right to vote would be of any significant value at all. Who can say whether or not later on the Convention may decide to provide for varying types of voters for each level of the political units it may divide the country into. The root of the difficulty in other words, lies in that the Convention is precisely on the verge of introducing substantial changes, if not radical ones, in almost every part and aspect of the existing social and political order enshrined in the present Constitution. How can a voter in the proposed plebiscite intelligently determine the effect of the reduction of the voting age upon the different institutions which the Convention may establish and of which presently he is not given any idea?The need for the voter to be informed about matters which have a bearing on his vote was again emphasized by the Court in UNIDO v. Commission on Elections.[128] This case involved the amendments to the 1973 Constitution proposed by the Batasang Pambansa in 1981. The Court reiterated that the more people are adequately informed about the proposed amendments, their exact meaning, implications and nuances, the better. We held, viz:
We are certain no one can deny that in order that a plebiscite for the ratification of an amendment to the Constitution may be validly held, it must provide the voter not only sufficient time but ample basis for an intelligent appraisal of the nature of the amendment per se as well as its relation to the other parts of the Constitution with which it has to form a harmonious whole. In the present state of things, where the Convention has hardly started considering the merits of hundreds, if not thousands, of proposals to amend the existing Constitution, to present to the people any single proposal or a few of them cannot comply with this requirement.[127] (emphasis supplied)
To begin with, we cannot agree with the restrictive literal interpretation the Solicitor General would want to give to the “free, orderly and honest elections” clause of Section 5, Article X1I-C above-quoted. Government Counsel posits that the said clause refers exclusively to the manner in which the elections are conducted, that is to say, with the manner in which the voters are supposed to be allowed to vote. Perhaps, such a theory may hold insofar as ordinary elections of officials are concerned. But the Court views the provision as applicable also to plebiscites, particularly one relative to constitutional amendments. Be it borne in mind that it has been one of the most steadfast rulings of this Court in connection with such plebiscites that it is indispensable that they be properly characterized to be fair submission - by which is meant that the voters must of necessity have had adequate opportunity, in the light of conventional wisdom, to cast their votes with sufficient understanding of what they are voting on. We are of the firm conviction that the charter’s reference to honest elections connotes fair submission in a plebiscite. (emphasis supplied)Similarly, the Court ruled in Sanidad v. COMELEC[129] that plebiscite issues are matters of public concern and importance. The people’s right to be informed and to be able to freely and intelligently make a decision would be better served by access to an unabridged discussion of the issues, including the forum.
If we look at...the communication situation in the Philippines now, the means of communication that has the farthest reach is AM radio. People get their information not from reading newspapers but from AM radio - farmers while plowing, and vendors while selling things listen to the radio. Without knowing how to read and write, they are adequately informed about many things happening in the country.[131]Several election cases, albeit not involving an issue similar to the case at bar, affirm the necessity of an informed electorate in holding free, intelligent and clean elections. In Blo Umpar Adiong v. Commission on Elections[132] where this Court nullified a portion of a COMELEC Resolution prohibiting the posting of candidates’ decals and stickers on “mobile” places and limiting their location to authorized posting areas, we held, viz:
We have adopted the principle that debate on public issues should be uninhibited, robust, and wide open and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials. (New York Times Co. v. Sullivan, 376 U.S. 254, 11 L.Ed. 686 [1964]...) Too many restrictions will deny to people the robust, uninhibited, and wide open debate, the generating of interest essential if our elections will truly be free, clean and honest.To facilitate the people’s right to information on election matters, this Court, in Telecommunications and Broadcast Attorneys of the Philippines, Inc., et al. v. COMELEC[134] upheld the validity of COMELEC’s procurement of print space and airtime for allocation to candidates, viz:
We have also ruled that the preferred freedom of expression calls all the more for the utmost respect when what may be curtailed is the dissemination of information to make more meaningful the equally vital right of suffrage. (Mutuc v. Commission on Elections, 36 SCRA 228 [1970]).
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When faced with border line situations where freedom to speak by a candidate or party and freedom to know on the part of the electorate are invoked against actions intended for maintaining clean and free elections, the police, local officials and COMELEC should lean in favor of freedom. For in the ultimate analysis, the freedom of the citizen and the State’s power to regulate are not antagonistic. There can be no free and honest elections if in the efforts to maintain them, the freedom to speak and the right to know are unduly curtailed.xxx xxx xxx
...we have to consider the fact that in the posting of decals and stickers on cars and other moving vehicles, the candidate needs the consent of the owner of the vehicle. In such a case, the prohibition would not only deprive the owner who consents to such posting of the decals and stickers the use of his property but more important, in the process, it would deprive the citizen of his right to free speech and information:Freedom to distribute information to every citizen wherever he desires to receive it is so clearly vital to the preservation of a free society that, putting aside reasonable police and health regulations of time and manner of distribution, it must be fully preserved. (Martin v. City of Struthers, Ohio, 319 U.S. 141; 87 L. ed. 1313 [1943]).[133]
With the prohibition on media advertising by candidates themselves, the COMELEC Time and COMELEC Space are about the only means through which candidates can advertise their qualifications and programs of government. More than merely depriving candidates of time for their ads, the failure of broadcast stations to provide airtime unless paid by the government would clearly deprive the people of their right to know. Art. III, § 7 of the Constitution provides that ‘the right of the people to information on matters of public concern shall be recognized...’[135] (emphasis supplied)The importance of the people’s acquisition of information can be gleaned from several provisions of the Constitution under Article IX (C), The Commission on Elections. Section 4 provides that the COMELEC is given the power to “supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges or concession granted by the Government... Such supervision or regulation shall aim to ensure equal opportunity, time, and space and the right to reply, including reasonable, equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful and credible elections. Section 6 provides that, “(a) free and open party system shall be allowed to evolve according to the free choice of the people”. Section 2(5) of the same article requires political parties, organizations and coalitions to present their platform or program of government before these can be registered. In the robust and wide open debate of the electorate, these programs of government are important matters for discussion.
SR. TAN. Mr. Presiding Officer, I think one of the drawbacks of our political system, especially in the campaign, is that many of us vote by personality rather than by issue. So I am inclined to believe that in the elections by district, that would be lessened because we get to know the persons running more intimately. So we know their motivation, their excesses, their weaknesses and there would be less chance for the people to vote by personality. I was wondering whether the Commission shares the same observation.Several provisions of our election laws also manifest a clear intent to facilitate the voters’ acquisition of information pertaining to elections to the end that their vote would truly reflect their will. Section 52(j) of Article VII of B.P. Blg. 881 or the Omnibus Election Code gives the COMELEC the following power and duty:
MR. DAVIDE. Mr. Presiding Officer, if it would be by province, the vote would no longer be personalities but more on issues, because the relationship is not really very personal. Whereas, if it would be by district, the vote on personality would be most impressive and dominant.
SR. TAN. I cannot quite believe that. It would be like a superstar running around.
MR. DAVIDE. For instance, we have a district consisting of two municipalities. The vote would be more on personalities. It is a question of attachment; you are the godson or the sponsor of a baptism, like that. But if you will be voted by province, it’s your merit that will be counted by all others outside your own area. In short, the more capable you are, the more chance you have of winning provincewide.[136]
(j) Carry out a continuing and systematic campaign through newspapers of general circulation, radios and other media forms to educate the public and fully inform the electorate about election laws, procedures, decisions, and other matters relative to the work and duties of the Commission and the necessity of clean, free, orderly and honest electoral processes. (Sec. 185(k), 1978 EC)Section 87 of Article X of B.P. Blg. 881 also provides, viz:
(k) Enlist non-partisan groups or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for their probity, impartiality and integrity...Such groups or organizations...shall perform the following specific functions and duties:
A. Before Election Day:
- Undertake an information campaign on salient features of this Code and help in the dissemination of the orders, decisions and resolutions of the Commission relative to the forthcoming election. (emphasis supplied)
Section 87. xxxSection 93 of the same Article provides, viz:
Public Forum. - The Commission shall encourage non-political, non-partisan private or civic organizations to initiate and hold in every city and municipality, public for at which all registered candidates for the same office may simultaneously and personally participate to present, explain, and/or debate on their campaign platforms and programs and other like issues... (emphasis supplied)
Section 93. Comelec information bulletin. - The Commission shall cause the printing, and supervise the dissemination of bulletins to be known as “Comelec Bulletin” which shall be of such size as to adequately contain the picture, bio-data and program of government of every candidate. Said bulletin shall be disseminated to the voters or displayed in such places as to give due prominence thereto. (emphasis supplied)Of the same import is Section 25 of R.A. No. 8436, “An Act Authorizing the Commission on Elections to Use an Automated Election System in the May 11, 1998 Elections and Subsequent Electoral Exercises” which provides, viz:
Section 25. Voters’ Education. - The Commission together with and in support of accredited citizens’ arms shall cany out a continuing and systematic campaign though newspapers of general circulation, radio and other media forms, as well as through seminars, symposia, fora and other nontraditional means to educate the public and fully inform the electorate about the automated election system and inculcate values on honest, peaceful and orderly elections. (emphasis supplied)Similarly, R.A. No. 9006, “An Act to Enhance the Holding of Free, Orderly, Honest, Peaceful and Credible Elections through Fair Election Practices,” approved a few months before the May 2001 elections or on February 12, 2001 provides in Section 6.4, viz:
Sec. 6.4. xxx xxx xxxThe Omnibus Election Code also provides for procedures and requirements that make the election process clear and orderly to avoid voter confusion. Article IX of the Code provides, viz:
In all instances, the COMELEC shall supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in the Omnibus Election Code and Republic Act No. 7166 on election spending. (emphasis supplied)
Section 73. Certificate of candidacy.- No person shall be eligible for any elective public office unless he files a sworn certificate of candidacy within the period fixed herein.Article XVI, Section 181, also provides, viz:
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No person shall be eligible for more than one office to be filled in the same election, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any of them...
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Certificates of Candidacy; Certified List of Candidates. -...
...the Commission shall cause to be printed certified lists of candidates containing the names of all registered candidates for each office to be voted for in each province, city or municipality immediately followed by the nickname or stage name of each candidate duly registered in his certificate of candidacy and his political affiliation, if any. Said list shall be posted inside each voting booth during the voting period.
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The names of all registered candidates immediately followed by the nickname or stage name shall also be printed in the election returns and tally sheets (R.A. No. 6646, Sec. 4)
Section. 74. Contents of certificate of candidacy. The certificate of candidacy shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office;...
Section 181. Official ballots. -In the case of special elections, the need for notice and information is unmistakable under Section 7 of the Omnibus Election Code of the Philippines, as amended by R.A. No. 7166, which provides, viz:
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(b) The official ballot shall also contain the names of all the officers to be voted for in the election, allowing opposite the name of each office, sufficient space or spaces with horizontal lines where the voter may write the name or names of individual candidates voted for by him.
Sec. 7. Call for special election. - In case a permanent vacancy shall occur in the Senate or House of Representatives at least one (1) year before the expiration of the term, the Commission shall call and hold a special election to fill the vacancy not earlier than sixty (60) days nor longer than ninety (90) after the occurrence of the vacancy. However, in case of such vacancy in the Senate, the special election shall be held simultaneously with the succeeding regular election. (R.A. No. 7166, Sec. 4)In Hassan v. COMELEC, et al.,[137] we ruled that constituents could not be charged with notice of a second special elections held only two days after the failure of the special election. This case involved the May 8, 1995 regular local elections in Madalum, Lanao del Sur. Due to the threats of violence and terrorism in the area, there was a failure of election in six out of twenty-four precincts in Madalum. A special elections was set on May 27, 1995 but the Board of Election Inspectors failed to report for duty due to the threats of violence. The Monitoring Supervising Team of the COMELEC reset the special elections to May 29, 1995 in a school 15 kilometers away from the designated polling places. In ruling that the May 29 special elections was invalid, the Court ruled, viz:
The postponement, declaration of failure of election and the calling of special elections as provided in Sections 5, 6, and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. (R.A. No. 7166, Sec. 4)
The Commission shall send sufficient copies of its resolution for the holding of the election to its provincial election supervisors and election registrars for dissemination, who shall post copies thereof in at least three conspicuous places preferably where public meetings are held in each city or municipality affected. (1978 EC, Sec. 8) (emphasis supplied)
We cannot agree with the COMELEC that petitioner, his followers or the constituents must be charged with notice of the special elections to be held because of the failure of the two (2) previous elections. To require the voters to come to the polls on such short notice was highly impracticable. In a place marred by violence, it was necessary for the voters to be given sufficient time to be notified of the changes and prepare themselves for the eventuality.Although this case did not involve a special election held simultaneously with a general election by mandate of law as in the case bar, the doctrine that can be derived from this case is that the electorate must be informed of the special election as proved by official or actual notice.
It is essential to the validity of the election that the voters have notice in some form, either actual or constructive of the time, place and purpose thereof. (Furste v. Gray, 240 Ky 604, 42 SW 2d 889; State ex. rel. Stipp v. Colliver (MO) 243 SW 2d 344.) The time for holding it must be authoritatively designated in advance. The requirement of notice even becomes stricter in cases of special elections where it was called by some authority after the happening of a condition precedent, or at least there must be a substantial compliance therewith so that it may fairly and reasonably be said that the purpose of the statute has been carried into effect. (State ex. rel. Stipp v. Colliver, supra). The sufficiency of notice is determined on whether the voters generally have knowledge of the time, place and purpose of the elections so as to give them full opportunity to attend the polls and express their will or on the other hand, whether the omission resulted in depriving a sufficient number of the qualified electors of the opportunity of exercising their franchise so as to change the result of the election. (Housing Authority of County of Kings v. Peden, 212 Cal App 2d 276, 28 Cal Rptr, other citations omitted)xxx xxx xxx
...even in highly urbanized areas, the dissemination of notices poses to be a problem. In the absence of proof that actual notice of the special elections has reached a great number of voters, we are constrained to consider the May 29 elections as invalid...(emphases supplied)
S[ENATOR] T[ATAD]. Mr. President, in this resolution, we are leaving the mechanics to the Commission on Elections. But personally, I would like to suggest that probably, the candidate obtaining the 13th largest number of votes be declared as elected to fill up the unexpired term of Senator Guingona.The Senate’s observation that the procedure for the special election that it adopted would be less costly for the government as the ballots need not be printed again to separately indicate the candidate voted for the special election does not also lend justification for the manner of conduct of the May 14, 2001 special election. We cannot bargain the electorate’s fundamental right to vote intelligently with the coin of convenience. Even with the Senate stance, the regular ballot had to be modified to include a thirteenth space in the list of senatorial seats to be voted for. At any rate, reliance on R.A. No. 6645 is erroneous. This law provides that when a vacancy arises in the Senate, the Senate, by resolution, certifies to the existence of the vacancy and calls for a special election. Upon receipt of the resolution, the COMELEC holds the special election. R.A. No. 6645 was amended in 1991 by R.A. No. 7166. The latter law provides that when a permanent vacancy occurs in the Senate at least one year before the expiration of the term, “the Commission (on Elections) shall call and hold a special election to fill the vacancy...” Since under R.A. No. 7166, it is the power and duty of the COMELEC, and not the Senate, to call and hold the election, the Senate cannot, by mere resolution, impose upon the COMELEC the procedure for the special election that it intended such that “Comelec will not have the flexibility” to deviate therefrom. As a constitutional body created to ensure “free, orderly, honest, peaceful, and credible elections”, it was the duty of the COMELEC to give to the electorate notice of the time, place and manner of conduct of the special elections and to adopt only those mechanisms and procedures that would ascertain the true will of the people.
S[ENATOR] O[SMEÑA]. (J). Is there a law that would allow the Comelec to conduct such an election? Is it not the case that the vacancy is for a specific office? I am really at a loss. I am rising here because I think it is something that we should consider. I do not know if we can...No, this is not a Concurrent Resolution.
S[ENATOR] T[ATAD]. May we solicit the legal wisdom of the Senate President.
T[HE] P[RESIDENT]. May I share this information that under Republic Act No. 6645, what is needed is a resolution of this Chamber calling attention to the need for the holding of a special election to fill up the vacancy created, in this particular case, by the appointment of our colleague, Senator Guingona, as Vice President.
It can be managed in the Commission on Elections so that a slot for the particular candidate to fill up would be that reserved for Mr. Guingona’s unexpired term. In other words, it can be arranged in such a manner.
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S[ENATOR] R[OCO]. Mr. President.
T[HE] P[RESIDENT]. Sen Raul S. Roco is recognized.
S[ENATOR] R[OCO]. May we suggest, subject to a one-minute caucus, wordings to the effect that in the simultaneous elections, the 13th placer be therefore deemed to be the special election for this purpose. So we just nominate 13 and it is good for our colleagues. It is better for the candidates. It is also less expensive because the ballot will be printed and there will be less disenfranchisement.
T[HE] P[PRESIDENT]. That is right.
S[ENATOR] R[OCO]. If we can just deem it therefore under this resolution to be such a special election, maybe, we satisfy the requirement of the law.
T[HE] P[RESIDENT]. Yes. In other words, this shall be a guidance for the Comelec.
S[ENATOR] R[OCO]. Yes.
T[HE] P[RESIDENT]. - to implement.
S[ENATOR] R[OCO]. Yes. The Comelec will not have the flexibility.
T[HE] P[RESIDENT]. That is right.
S[ENATOR] R[OCO]. We will already consider the 13th placer of the forthcoming elections that will be held simultaneously a? a special election under this law as we understand it.
T[HE] P[RESIDENT]. Yes. That will be a good compromise, Senator Roco.
S[ENATOR] R[OCO]. Yes. So if the sponsor can introduce that later, maybe it will be better, Mr. President.
T[HE P[RESIDENT]. What does the sponsor say?
S[ENATOR] [T]ATAD. Mr. President, that is a most satisfactory proposal because I do not believe that there will be anyone running specifically -
T[HE] P[RESIDENT]. Correct.
S[ENATOR] T[ATAD]. - to fill up this position for three years and campaigning nationwide.
T[HE] P[RESIDENT]. Actually, I think what is going to happen is the 13th candidate will be running with specific groups.
S[ENATOR] T[ATAD]. Yes. Whoever gets No. 13.
T[HE] P[RESIDENT]. I think we can specifically define that as the intent of this resolution.
S[ENATOR] T[ATAD]. Subject to style, we accept that amendment and if there will be no other amendment, I move for the adoption of this resolution.
ADOPTION OF S. RES. NO. 934
If there are not other proposed amendments, I move that we adopt this resolution.
T[HE] P[RESIDENT]. There is a motion to adopt this resolution. Is there any objection? [Silence] There being none, the motion is approved.[138] (emphases supplied)
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by law...[60] Article 21 of the Universal Declaration of Human Rights provides, viz:
[61] Article 25 of the Covenant of Civil and Political Rights provides, viz:
- Everyone has the right to take part in the government of his country, directly or through freely chosen representatives;
- Everyone has the right of equal access to public service in his country;
- The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Every citizen shall have the right and opportunity without any of the distinctions mentioned in Art. 2 (race, color, sex, language, religion, opinion, property, birth, etc.) and without reasonable restrictions:[62] Levinson, J., “An Informed Electorate: Requiring Broadcasters to Provide Free Airtime to Candidates for Public Office.” Boston University Law Review (January 1992). p. 143. citing Letter from Thomas Jefferson to Colonel Charles Yancey (Jan. 6, 1816), in 10 The Writings of Thomas Jefferson 4 (Paul L. Ford ed.. 1899), cited in Library of Congress, Respectfully Quoted 97 (Suzy Platt ed., 1989).
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;
(c) to have access, on general terms of equality, to public service in his country.