Petition for Satellite ARMM Registration

7/31/2019 Petition for Satellite ARMM Registration

http://slidepdf.com/reader/full/petition-for-satellite-armm-registration 1/19

Republic of the PhilippinesCommission on Election

Manila

En Banc

IN THE MATTER OF ANNULMENT OF BOOK OF VOTERS OF THE ENTIRE AUTONOMUS REGION INMUSLIM MINDANAO ANDSPECIAL GENERALREGISTRATION THEREAT,

Atty. ALGAMAR A. LATIPH,Petitioner.

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SPP 12-188

PETITION

With Urgent Motion to Hear the Case

Petitioner, unto this Honorable Commission, file this Class Suit in

behalf of the portion of 1,816,022 registered voters who will be

disenfranchised by the annulment of Book of Voters (BOV) of ARMM, most

respectfully state:

URGENCY OF THE PETITION

As of 10 August 2011, 1 ARMM has a total registered voters of

1,816,022. Last month, the Congress passed joint resolutions authorized

the COMELEC to annul and obliterate the Book of Voters (BOV) of ARMM.



We commend the legislature and we do not oppose the cleansing of

BOV for a meaningful participative election in ARMM.

However, we come to this Honorable Commission to avoid mass

disenfranchisement of voters who will be affected by the massive

annulment of book of voters.

Under the existing COMELEC rules, registration can be had only in aprecinct where the voter resides or domicile. By annulling the BOV and

require a General Registration in ARMM on 9 to 18 July 2012 would

disenfranchise voters who, for legal justifiable cause cannot register. Or

would defray huge amount of expenses to re-register.

Thus, petitioner seeks the compassion of this Honorable Commission

to promulgate rules to accommodate those who will be disenfranchised by

reason of occupation, trade, profession, educational activities, family,

personal and financial constraints, to re-register anew 9 to 18 July 2012.

NATURE OF THE PETITION

This petition is governed by the provision of Rule 31 which pertains to

the Annulment of Permanent List of Voters.

Section 1 thereof provides:



statistically improbable, may be annulled by theCommission.

Any interested party may oppose under Sec. 3, Rule 31 by way of a verified opposition to the petition to the foregoing annulment of election. 2

Though there is no specific rule that governs this petition, this case is

analogous to Special Proceedings under Rule 31 of the COMELEC Rules.

PARTIES

Petitioner Atty. Algamar A. Latiph is a registered voter in Lanao del

Sur and Attorney and Counselor-at-Law admitted to the Rolls of Attorney

petitioner has a sworn duty and an obligatory conduct, under the Canons of

Professional Responsibilities, to uphold and defend the Constitution.

Obviously, this petition is petitioner’s positive assertion of right to suffrage

is in defense of the Constitution.

He may be served with notices and process of this Honorable

Commission at C/O MALAYANG & ASSOCIATES LAW OFFICES, Ground

Floor, ICC Building, NIA Compound, EDSA, Diliman, Quezon City.

LEGAL STANDING

“Voters [like petitioner] are allowed to question the validity of

election laws because of their obvious interest in the validity of such laws.” 3



It has been held that “a person has standing to challenge the

governmental act only if he has ‘a personal and substantial interest in the

case such that he has sustained, or will sustain, direct injury as a result of

its enforcement.’” 4 In this case, the injury suffered is not only of personal

complexion but of constituent nature emanating from being a member of

the sovereign Filipino people. Every “enfranchised citizen [is] a particle of

popular sovereignty" 5 if the Constitution is transgressed an element of the

sovereign has obvious legal personality to question the transgression of the

Constitution.

Section 4, Rule 31 of the COMELEC Rules provides:

Sec. 4. Time to File Opposition . - On or beforethe date set for the hearing, any interested party may file a verified opposition to the petition.

In behalf of the portion of the 1,816,022, who are deemed petitioners

in this case and who are temporarily staying in Metro Manila, and who by

reasons of their occupation, trade, profession, educational activities,

family, personal and financial constraints, to personally appear in 9 to 18

July 2012 to re-register anew are suing and pleading before this Honorable

Court to grant the relief prayed in this petition.

Consequently, petitioners have the standing to file this Class Suit.

FACTS



In a Press Release 6 dated 11 May 2012 by this Honorable

Commission reads:

The Commission on Elections Friday gaveassurances that it would conduct general registrationsin the Autonomous Region in Muslim Mindanao(ARMM).

Earlier, the COMELEC denied requests from theExecutive and Legislative Departments to conduct anew voters’ registration in the region citing time

constraints in the bidding of additional voterregistration machines (VRMs) that will be needed forthe process and the lack of funds.

xxx xxx xxx

“We no longer see any obstacles. So we will startpreparing for a general registration in the ARMM,”stated COMELEC Chairman Sixto S. Brillantes Jr.

The COMELEC chief said the Senate Committeeon Electoral Reforms, chaired by Sen. Pimentel III,has assured them that the Resolution will be out by June, giving the poll body “ample time to prepare.”

“The COMELEC is considering July 9-18, 2012as the period for the ARMM general registration. This

is timed so that the general registration period wouldend two days before the start of Ramadan,” Brillantesconcluded.

On May 15, 2012, the Senate of the Philippines approved Joint

Resolution No. 17 . It is a joint resolution nullifying the book of voters of

the Autonomous Region for Muslim Mindanao (ARMM) and directing the



Commission on Elections (Comelec) to conduct a new general registration

of voters in the region. 7

The Press Statement 8 of the Senate on the matter show:

The resolution cited data from the NationalStatistics Office (NSO) showing blown- up populationfigures in the ARMM, which according to the authorsmay have been used by unscrupulous politicians for vote padding activities to ensure victory duringprevious elections.

For instance, while the population in the ARMMstood at 4.1 million in 2007, a revalidation conducted by NSO in 2010 revealed only a little more than 3.3million population, the resolution states.

It also cited an overstated 5.46 percentpopulation growth rate in the region between 2000

and 2007 in contrast to the country's population which grew by only 1.89 percent, with the poorestprovinces, Maguindanao and Basilan, having the biggest growth rates, at 6.6 percent and 6.44 percent,respectively.

"The electoral history of the ARMM shows thatelections results in the ARMM are alwaysquestionable and tainted with anomaly andirregularity, chiefly because of the padded book of voters," according to the resolution, "the anomaly inthe ARMM has national ramification because these'ghost', fictitious and double, some are triple,registrants constitute the so-called 'command votes'or 'controlled votes' wielded by political warlords thatcould decide the winner not only in local but mostim ortantl the national elections."



On 20 May 2012, the House of Representative adopted Joint

Resolution No. 17 in House Joint Resolution No. 31 annulling the Book of

Voters of ARMM. 9

On 29 May 2012, COMELEC issued RESOLUTION NO. 9441 10 which

authorized the procurement of goods in relation to the General

Registration in ARMM “scheduled from July 9 to July 18, 2012.”

Resolution No. 9441 is definitive as to the date of the GeneralRegistration, thus:

WHEREAS , it is imperative that the timeline bestrictly and closely followed, with the generalregistration scheduled from July 9 to July 18, 2012;

On 31 May 2012, COMELEC published Invitation to Bid entitled:

Provision of Forwarding Services for theDeployment of Voters Registration Machines,Registration Forms and Supplies in Connection withthe July 9-18, 2012 ARMM General Registration of Voters

It has become clear that the General Registration of Voters in ARMM

is on 9 to 18 July 2012 ARMM.

It is clear from the existing rules of the COMELEC, that registration

will be conducted only within the precincts of ARMM without due



transitorily staying in Metro Manila by reasons of their occupation, trade,

profession, educational activities, family, and personal matter.

As result of these factual constraints, they will be deprived to appear

personally before the Election Registration Board of their respective

precincts to register in the scheduled General Registration thereby

effectively disenfranchising them as voters and to cast their votes in May

2013 National and Local Elections.

Hence, this Petition.

ISSUE

The issues in this petition are:

I. WHETHER OR NOT VOTERS AFFECTED BY THE ANNULLMENT OF BOOK OF VOTERS IN

ARMM AND GENERAL REGISTRATION IN ARMM WHO ARE TEMPORARILY OUTSIDETHE ARMM AND TRANSITORILY STAYING INMETRO MANILA BY REASONS OF THEIR OCCUPATION, TRADE, PROFESSION,EDUCATIONAL ACTIVITIES, FAMILY, ANDOTHER PERSONAL REASONS AND WHOCANNOT APPEAR AND REGISTER IN 9 TO 18JULY 2012 ARMM GENERAL ELECTION IS

VIOLATIVE TO THEIR CONSTITUTIONALRIGHT TO SUFFRAGE.

II. WHETHER OR NOT THE COMELEC HAS THEPOWER TO DESIGNATE ELECTIONREGISTRATION BOARD IN KEY AREAS IN



III. FOR THE COMMISSION TO INVESTIGATE AND PROSECUTE RESPONSIBLE PERSONS INTHE FRAUD AND ANOMALIES ATTENDINGTHE PREPARATION AND EXECUTION OF BOV

IN ARMM AND TO PROSECUTE RESPONSIBLEPERSONS.

DISCUSSION

I. WHETHER OR NOT VOTERS AFFECTED BY

THE ANNULLMENT OF BOOK OF VOTERS IN

ARMM AND GENERAL REGISTRATION IN ARMM WHO ARE TEMPORARILY OUTSIDE

THE ARMM AND TRANSITORILY STAYING IN

METRO MANILA BY REASONS OF THEIR

OCCUPATION, TRADE, PROFESSION,

EDUCATIONAL ACTIVITIES, FAMILY,

PERSONAL AND FINANCIAL CONSTRAINTS

AND WHO CANNOT APPEAR AND REGISTER

IN 9 TO 18 JULY 2012 ARMM GENERAL

ELECTION AS VIOLATIVE OF THEIR

CONSTITUTIONAL RIGHT TO SUFFRAGE.

At present, the BOV of ARMM is still intact and not yet annulled as

there is no Resolution promulgate by COMELEC enforcing the joint

resolutions of the House of Representatives and Senate.

It would then very apparent that the annulment will take place

within the month of June 2012 and the scheduled General Registration in

ARMM is on 9 to 18 July 2012 or the less than one month interval.



Considerable registered voters in ARMM are not present in their

native residence and domicile. Some are temporarily living in Metro

Manila for family and personal reasons, occupation, trade, profession, and

educational activities, and within the limited time-frame they cannot be

expected to re-register in the General Registration is on 9 to 18 July 2012.

And even if they are prepared to travel to their respective precincts in

ARMM to register in July, their meager financial status would constrainedthem to defray expenses in their transportation.

And even if they are financially capable, their priorities and their

present occupation, trade, profession, and educational activities would still

prevent to spare time to travel to ARMM for sole purpose of registration.

In the Human Development Report of 2005 11 published by Human

Development Network, the total population of Muslims outside Mindanao,

as of the year 2000, is 2,191,607 while the population of Muslims in Metro

Manila is 379,891. These statistics were taken 12 years ago in 2000, the

population today is much higher.

The population as distributed by regions are as follows:



If we assume that the 379,891 NCR population in Metro Manila hadincreased to 500,000 after 12 years and if we further assume that 40% of it

are affected by the annulment of BOV, the result is that we will have

200,000 registered voters who will be affected.

If this 200,000 will be required to register in the General Registration

in 9 to 18 July 2012 they would be spending at least Php 10,000.00 each

for the transportation and other related expenses and summing up the

expenses it would be translated to Php 2 Billion. And even if we make a

very conservative estimate by reducing the estimate to just half of 200,000

expected register voters that will be affected, still there is Php 1 Billion



voters. And even if one the petitioner will be affected by the annulment of

BOV, I still should not penalized P10,000 expenses for the registration.

This is arbitrary and oppressive.

The amount is so financial burdensome and arbitrary and

unreasonably punishing and penalizing the registered voters who have

nothing to do with the fraud in the preparation of the BOV to collectively

be financially burdened in the amount of Php 2 Billion or Php 100 Millionor P10,000.

The annulment of BOV in ARMM this year is not the first.

On July 8, 2003, the Honorable Commission in its various resolutions

annulled the BOV of the cities and municipalities comprising ARMM, this

in the “WHEREAS” of Resolution 6262 promulgated on 18 July 2003

reads:

WHEREAS , acting on various petitions for theannulment of the permanent lists of voters/books of voters in all of the cities and municipalities of Basilan,Sulu, Tawi-Tawi, Maguindanao (except Cotabato City)and Lanao del Sur, the Commission on Elections, inits Resolution of 08 July 2003 in SPP Nos. 03-029 to03-032; 03-034 to 03-045 and 03-047, annulled thelists of voters/ books of voters in the abovementionedcities and municipalities;



In ALGAMAR A. LATIPH, ET AL. vs GUIBON MATANOG, ET AL.,

docketed as EM NO. 04-003, we alleged in the petition that:

Second , air travel via Philippine Airlinesrequires more than Php 7,000.00 air fair and by adding up transportation and food expensesthe total amount would be pegged at Php10,000.00. And since there are sixteen (16)petitioners, these petitioners have to spent atleast Php 160,000.00 for them to appearpersonally and file their application personally

before the EO of Tugaya. But there are at leasteighty four (84) applications denied by theERB only on the sole ground that they were notpersonally filed, with 84 applications their totalexpenses is close to P840,000.00! Such atremendous amount of money is a huge priceto pay in order to exercise the inherentpolitical right of every citizen in a republicanstate like ours.

It is not petitioner’s in this Class Suit fault that the BOV were prepared

irregularly, or that they are tainted with fictitious and double registration

or ghost voters and so on. Petitioners should not suffer from the illegality

and irregularity in the preparation and execution of the BOV.

We have our right to assert our right to suffrage.

II. WHETHER OR NOT THE COMELEC HAS THE

POWER TO DESIGNATE ELECTION

REGISTRATION BOARD IN KEY AREAS IN

METRO MANILA AS A MECHANISM TO AVOID

DISENFRANCHISEMENT OF VOTERS AND

VIOLATION OF CONSTITUIONAL RIGHT TO



Sec. 2. The Commission on Elections shall exercisethe following powers and functions:

(1) Enforce and administer all laws and

regulations relative to the conduct of an election,plebiscite, initiative, referendum, and recall

xxx xxx xxx

(3) Decide, except those involving the right to vote,all questions affecting elections, includingdetermination of the number and location of pollingplaces, appointment of election officials and inspectors,and registration of voters.

Thus, when COMELEC issued Resolution 6262 annulling the BOV in

ARMM on 18 July 2003 it issued a remedial resolution. Resolution 6266 is

entitled “IN THE MATTER OF THE REMEDIAL PROCEDURE FOR THE

FILING OF APPLICATIONS FOR REGISTRATION AND TRANSFER OF

REGISTRATION RECORDS FOR AFFECTED VOTERS IN THE ARMM

AND ISABELA CITY, BASILAN WHO MAY NOT BE ABLE TO GO HOME

AND FILE APPLICATIONS FOR REGISTRATION WITHIN THE

REGISTRATION PERIOD, BY REASON OF OCCUPATION, PROFESSION

OR EDUCATIONAL ACTIVITIES” and provides:

NOW, THEREFORE, the Commission onelections, has RESOLVED, as it hereby RESOLVES, toadvise the affected voters that:

a) They may file their applications forregistration at the Office of the Election Officer of thecity or municipality where they are currently residing,durin re ular office hours from 0 Au ust 200 to 1



registration records to their hometowns by personally filing applications for transfer of registration records atthe Offices of the Election Officers of their respectivehometown in the ARMM and Isabela City, Basilan, not

alter than 31 October 2003;

c) To facilitate the processing of theirapplications for transfer, the concerned voters, beforefiling the application shall, first secure certified copiesof their registration records from the Offices of theElection Officer where they are currently registered,and attached the certifications to their application fortransfer;

During that time we followed the advice of the COMELEC. As shown

in ALGAMAR A. LATIPH, ET AL. vs GUIBON MATANOG, ET AL.,

docketed as EM NO. 04-003, we alleged in the petition that:

Here, petitioners had completely complied with the foregoing procedures. First , petitionersare native in Tugaya and their hometown. Second ,they have no financial means and sufficientopportunity to register in Tugaya during thescheduled registration therein on July 25 to 30,2003 (there is only one day registration in Tugayaon July 26 due to violence and force). Third , they are temporarily residing here in Pasay and

Paranque City by reason of their occupations,professions or educational activities. Fourth , they registered in Pasay and Paranaque City followingthe advise of this Honorable Commission andthen later their registrations were approved by theERB. Fifth , they applied for transfer of registration in Tugaya attaching thereto thecertified copies of the approved registration



Unfortunately, Resolution 6260 12 was issued on 18 July 2003

requiring that the application for transfer of registration must be filed

personally thereby defeating the very remedial purpose of Resolution

6266, thus:

WHEREAS, the Commission on Elections, in itsResolution of 08 July 2003 in SPP Nos. 03-029 to 03-032; 03-034 to 03-045 and 03-047, annulled the listsof voters / books of voters in the cities andmunicipalities comprising the Autonomous Region in

Muslim Mindanao (ARMM) and Isabela City, Basilan;

xxx xxx xxx

b) Should they wish to vote in their hometown inthe coming elections, they may transfer theirregistration records to their hometowns by personally filing applications for transfer of registration records at the Offices of the Election Officers of theirrespective hometown in the ARMM and Isabela City,Basilan, not alter than 31 October 2003;

(emphasis supplied )

Relying on the above-provision, the ERB then in Tugaya denied the 84

applicants for transfer of registration on the sole ground that they were not

able to appear personally before the ERB.

At present, this disenfranchisement of voters would be repeated. And

it will involve thousands of voters. This is the reason that we are presenting

this case to this Honorable Commission to provide a mechanism to avoid



the disenfranchisement of the voters in ARMM.We respectfully submit that

new registrants should not be covered by this petition.

Biometrics will be utilized as technology in the General Registration in

ARMM and there is no possibility that “flying voters”, “ghost voters”,

padded book of voters, and other anomalies could be committed.

We plead to this Honorable Commission to allow this Petition.

III. FOR THE COMMISSION TO

INVESTIGATE AND PROSECUTE

RESPONSIBLE PERSONS IN THE

FRAUD AND ANOMALIES ATTENDING

THE PREPARATION AND EXECUTION

OF BOV IN ARMM AND TO PROSECUTE

RESPONSIBLE PERSONS.

The Press Statement13

of the Senate on the matter show:

"The electoral history of the ARMM showsthat elections results in the ARMM are alwaysquestionable and tainted with anomaly andirregularity, chiefly because of the padded book of voters," according to the resolution, "the anomaly in the ARMM has national ramification because

these 'ghost', fictitious and double, some aretriple, registrants constitute the so-called'command votes' or 'controlled votes' wielded by political warlords that could decide the winnernot only in local but most importantly thenational elections."



(6) File, upon a verified complaint, or on its own

initiative, petitions in court for inclusion or exclusion of

voters; investigate and, where appropriate, prosecute cases of

violations of election laws, including acts or omissionsconstituting election frauds, offenses, and malpractices.

Clearly, this COMELEC has constitutional duty to investigate the

matter.

PRAYER

WHEREFORE , premises considered, it is respectfully prayed of

this Honorable Office to CONSTITUTE various Election Registration

Board in Metro Manila as a geographical extension of the General

Registration of ARMM and allow those voters who will be disenfranchised by the annulment of BOV of ARMM to register therein. For this Honorable

Commission to INVESTIGATE and PROSECUTE those responsible

persons in the fraud and anomaly in the preparation of the BOV in ARMM.

6 June 2012. Quezon City to Manila.

Atty. ALGAMAR A. LATIPHPetitioner

c/o MALAYANG & ASSOCIATES LAW OFFICESGround Floor, ICC Building

NIA Compound, EDSA, Diliman, Quezon City



SECRETARY OF THE COMMISSIONCommission on ElectionEN BANC

Greetings!

Please calendar the hearing of the above-petition for Oral Argumentat 9:00 am on Tuesday, June 12, 2012 so that the parties may be heard andargued on the merits of the case.

Atty. ALGAMAR A. LATIPH

Documents

Petition for Satellite ARMM Registration