Republika ng Pilipinas

Komisyon ng Karapatang Pantao ng Pilipina

(Commission on Human Rights of the Philippines)
RESOLUTION
CHR (IV) NO, A2009-131
WHEREAS, the right to vote is well established in
human rights instruments and law, such as the Unive
Riglits (UDHR) and the International Covenant on Ci
(ICCPR), thus:
"The will of the people shall be the basis of the
government; this will shall be expressed in
and genuine elections which shall be by un
equal suffrage...." (Art. 21, UDHR)
"Every citizen shall have the right and the op
without any of the distinctions mentioned in
and without unreasonable restrictions:
"(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 by
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". (Art.25, ICCPR)
WHEREAS, Section 1, Article V of the 1987 Con
Philippines likewise provides: "Suffrage may be exerc
Philippines not otherwise disqualified by law, who are a
years of age, and who shall have resided in the Philipp
and in the place wherein they propose to vote for a
immediately preceding the election. No literary, prope
requirement shall be imposed on the exercise of suffra

H^apatang P^iitao: Likas Sa Atin, Tungkulin Natin

Commoiiwealtli Avenue, UP Complex. Diliman, 1101, Quezon City. Phi
• 'TeV Ms:-927-0172 • 928-2018
 WHEREAS, in the PhiHppines, persons deprive
(detainees/prisoners) not otherwise disqualified by law
right to suffrage because of the failure of governmen
necessary special facilities and procedures for voting
detention;
WHEREAS, such failure on the part of the governm
denial of the right of suffrage of the prisoners, in viola
the above-mentioned international laws;
NOW, THEREFORE, in the light of the forthcoming
local elections, the Commission RESOLVES to petitio
Elections (COMELEC) to establish guidelines and form
on how the right to vote of persons deprived of their
can be exercised inside or near their places of detent
of special polling places.
FURTHER RESOLVES to AUTHORIZE Chairperson
to file and pursue, in behalf of the Commission, s
Commission on Elections.
SO RESOLVED.
Done this 28*'' day of October 2009, Quezon City, P

LEMLA M. DE LIMA
Chairperson
(ABSENT) ^ 't' CL,.
CECILIA RACHEL V. QUISUMBING MA. VICTORIA V
Commissioner Commissior
N^tis^RTODELA^ JOSE MANUEL S. MAMAUAG
Commig&i^^r Commissioner
ATT ESTED BY:

MAIHA ASJ^CION ^^M^O-MARA

L VILLA
Commission
Commisiiion Secretariat Secretary
C:my doos/res/.\2009-131-right to vote - prisoners
tess:28J2009
 COMMISSION ON ELECTIONS

EN BANC

PETITION
Petitioner, by its undersigned Chairperson, h
this Honorable Commission and respectfully sub

The Commission on Human Rights (C

constitutional body established under Section
the Constitution mandated to, inter alia: (a) inv
its own or on complaint by any party, all forms
violations involving civil and political rights, (b)
powers over jails, prisons, or detention facilitie
the Philippine government's compliance with i
obligations on human rights.
Petitioner CHR may be served with notic
resolutions and other processes of thi
Commission at its address at SAAC Buildin
Commonwealth Ave., Diliman, Quezon City.
 In Re: Impleme: nation of Right to Vote of Person Deprive
their Liberty

This petition is being brought before the

Commission in order to enforce constitution
provisions on the right to suffrage of persons
not otherwise disqualified by law, but who can
said right by the mere fact of their detention
prisons, provincial, city, and municipal jail
government detention facilities.
The continued deprivation of persons dep
liberty of their ability to exercise their right to s
the failure of government to provide them wit
special facilities and procedures for voting ins
places of detention amounts to a patent violatio
violation of the right to suffrage of persons depr
cannot continue unresolved. The Honorable C
establish guidelines and formulate rules and r
the right to vote of persons deprived of
(detainees/prisoners), who are not otherwise d
can be exercised inside or near their places of
the establishment of special polling places.

GROUNDS FOR THE PETITION

I
DETENTION, DOES NOT DISQUALIFY
PERSONS DEPRIVED OF THEIR UBERTY FRO
EXERCISING THEIR RIGHT TO SUFFRAGE.
II
ELECTION LAWS FAVOR THE EXERCISE BY
PERSONS DEPRIVED OF THEIR LIBERTY O
THEIR CONSTITUTIONAL RIGHT TO
SUFFRAGE.
' Under international human rights law, the term 'Persons deprived of their liberty' inclu
of persons who are detained while awaiting trial and those imprisoned as a result of th
for an offense.
In Re: Impleme ^^ation of Right to Vote ofPersc^^ Deprive
their Liberty

III
THE PHYSICAL PROBLEM OF BRINGING
PERSONS DEPRIVED OF THEIR LIBERTY T
POLLING PLACES SHOULD NOT NEGATE THE
RIGHT TO SUFFRAGE IF THE POLLING PLACE
CAN BE BROUGHT TO THEM.

IV
SECTION OF THE OMNIBUS ELECTION
CODE PROHIBITING POLLING PLACES INSID
"PRISON COMPOUNDS" SHOULD BE
INTERPRETED TO ENFORCE THE
CONSTITUTIONAL PROVISION ON THE RIGH
TO SUFFRAGE OF PERSONS DEPRIVED O
THEIR LIBERTY IN PROVINCIAL, CITY AND
MUNICIPAL JAILS AND OTHER GOVERNMEN
DETENTION FACILITIES OTHER THAN
NATIONAL PRISON COMPOUNDS.
V
THE HONORABLE COMMISSION, IN ORDER T
IMPLEMENT THE CONSTITUTIONAL RIGHT TO
SUFFRAGE OF THE PERSONS DEPRIVED O
THEIR LIBERTY, SHOULD ISSUE RULES AN
REGULATIONS DEFINING THE TERM "PRISON
COMPOUND" TO ALLOW POLLING PLACES
INSIDE MUNICIPAL, CITY AND PROVINCIAL
JAILS FOR DETENTION PERSONS DEPRIVE
OF THEIR LIBERTY AND ESTABLISH SPECIA
POLLING PLACES NEAR NATIONAL PRISON
FOR CONVICTED PERSONS DEPRIVED O
THEIR LIBERTY NOT OTHERWISE
DISQUALIFIED TO VOTE.

VI.
FINALLY, THE CONTINUED AND FLAGRANT
DEPRIVATION OF THE RIGHT TO SUFFRAGE O
PERSONS DEPRIVED OF THEIR LIBERTY IS
CONTINUING VIOLATION OF THE UNIVERSAL
DECLARATION OF HUMAN RIGHTS (UDHR)
AND THE INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS (ICCPR) TO
In Re: Implemt. Mtion of Right to Vote ofPersoTirS Deprive
their Liberty

WHICH THE PHILIPPINES IS A SIGNATORY

AND STATE PARTY, RESPECTIVELY.

DISCUSSION
per se,

No law exists that explicitly takes away fro

persons, i.e., those not yet convicted by final jud
to vote. The right to vote is a political right en
Universal Declaration of Human Rights (UDHR), t
Covenant on Civil and Pohtical Rights (ICCP
Constitution. This right can only be taken aw
disqualification as provided by law or by legal d
exercise of civil and political rights as declared
persons already convicted by final judgment an
their sentence in national prisons, they may be
voting either by virtue of accessory penalties of
exercise of certain civil and political rights (inclu
vote), or by virtue of explicit disqualification in la
Omnibus Election Code and amendatory laws
disqualified from voting or registering as voters.

Article of the UDHR provides:

Everyone has the right to take part in the gov
his country, directly or through freely chos
representatives.
Everyone has the right of equal access to pu
his country.
The will of the people shall be the basis of t
of government; this will shall be expresse
and genuine elections which shall be by u
equal suffrage and shall be held by secre
equivalent fi-ee voting procedures." (empha
In Re: Implementation of Right to Vote ofPersOs^ Deprive
their Liberty

Article of the ICCPR similarly provides:

"Every citizen shall have the right and the opp
any of the distinctions mentioned in Article witho
restrictions;
" a. To take part in the conduct of public affa
through fi-eely choose representatives;
"b. To vote and to be elected at genuine per
which shall be by universal and equal suff
be held by secret ballot, guaranteeing the
expression of the will of the electors;
"c. To have access, on general terms of equ
service in his country." (emphasis supplie
On the other hand. Article Section of the
Constitution provides:
"Suffrage may be exercised by all citiz
the Philippines not otherwise disqualified
law, who are at least eighteen years of age,
shall have resided in the Philippines for at
year, and in the place wherein they propos
for at least six months immediately prece
election. No literacy, property, or other sub
requirement shall be imposed on the exe
suffrage." (emphasis supplied)
6. The operative phrase in this provision inso
persons deprived of their liberty are concerned
disqualified by law." So long as the detainee or
other requirements stated in the Constitution, t
consideration for persons deprived of their libe
not "disqualified by law" by virtue of their bei
pending their trial for a criminal ofrense. But as
no existing law disqualifies a person from vot
ground that he is presently being detained pen
criminal offense. Even the fact that, after being
subjected to the jurisdiction of the court and h
liberty to travel is constrained by such exercise
not by itself deprive the detention prisoner as
constitutional right to vote.
In Re: Implemt: ,^ation of Right to Vote of Person Deprived
their Liberty

Section of the Omnibus Election Code, prio

amendment by Section of Republic Act No. prov
"Sec. Disqualifications. - The following sha
disqualified fi-om voting:
"(a) Any person who has been sentenced
judgment to suffer imprisonment for not less
year, such disability not having been removed
pardon or granted amnesty: Provided, howeve
person disqualified to vote under this paragr
automatically reacquire the right to vote upon
of five years after service of sentence.
"(b) Any person who has been adjudged by fina
by competent court or tribunal of having com
crime involving disloyalty to the duly con
government such as rebellion, sedition, violat
anti-subversion and firearm laws, or any crim
national security, unless restored to his full
political rights in accordance with law: Provide
shall regain his right to vote automatically
expiration of five years after service of sentenc
"(c) Insane or incompetent persons as dec
competent authority.

On the other hand, Section of RA which amen

above-cited provision of the Omnibus Election Co
"Sec. Disqualification. - The following shal
disqualified from registering:
"(a) Any person who has been sentenced
judgment to suffer imprisonment of not less
year, such disability not having been remov
plenary pardon or amnesty: Provided, howev
any person disqualified to vote under this p
shall automatically reacquire the right to vo
expiration of five years after service of senten
"(b) Any person who has been adjudged b
judgment by competent court or tribunal of
committed any crime involving disloyalty to
constituted government such as rebellion,
violation of the firearms law, or any crime
In Re: Impleme,—Mtion of Right to Vote of Person Deprive
their Liberty

national security, unless restored to his ful

political rights in accordance with law: Prov
he shall automatically reacquire the right to
expiration of five years after service of sente
"(c) Insane or incompetent persons as de
competent authority unless subsequently d
proper authority that such person is no lon
or incompetent.
The amendment was made to make the di
apply not only to the right to vote but to the re
disqualified voter as well. At any rate, it is clear
both provisions that persons deprived of their l
their incarceration pending trial, are not among
from exercising their right to vote or to regist
voter. At the same time, not even all persons
liberty convicted by final judgment are automat
from exercising their right to vote under the O
Code. Only those sentenced by final judgment to
one year or for the specific crimes of rebellion,
categorically disqualified from voting.

Supportive of the exercise of their right to

person deprived of their liberty is Section of th
Election Code, as amended by Section of The
provisions say that persons deprived of tlieir li
residence qualifications for purposes of exercis
vote despite their confinement or detention
institutions. The amended law states:
Section Who May Register. - All citizens o
Philippines not otherwise disqualified by l
are at least eighteen years of age and who
have resided in the Philippines for at least
year and in the place wherein they propos
In Re: Implementation of Right to Vote of Pcrsowrf Deprive
their Liberty

for at least six (6) months immediately pr

the election, may register as a voter.
Any person w^ho temporarily reside
another city, municipality or country so
reason of his occupation, profession, empl
private or public service, educational activi
in the military or naval reservations with
Philippines, service in the Armed Forces
Philippines, the National Police Force
confinement or detention in government
institutions in accordance with law, shall n
be deemed to have lost his original residen
Any person, who, on the day of regist
may not have reached the required age or
residence but who, on the day of the elect
possess such qualifications, may register
(emphasis supplied.)
Under this provision of law, persons depri
liberty are placed in equal footing with those re
elsewhere other than their original residence b
occupation, or employment in the AFP and
significance of this law is that it emphasizes t
importance of the right to vote of persons depri
not only at the theoretical level, that in tlieory
exercised, but the intent for its actual impleme
states that despite confinement in another pl
detention, persons deprived of their liberty ret
residence for purposes of qualifying and registe

The law would not have provided such a

treatment of the retention by persons depr
qualifications to the right to vote if it was not it
that this right should also be operationalized
implementation.
In Re: Iniplenif..,.ation of Right to Vote of Perso-^s Deprived
their Liberty

Government detention facilities include mu

city jails, provincial jails, national prisons such
and penal colonies, and special detention facili
Forces of the Philippines, the Philippine Natio
National Bureau of Investigation, and other la
agencies of the Philippine Government.

Municipal and city jails are under the jurisdi

Bureau of Jail Management and Penology (B
Department of Interior and Local Government (D
jails, on the other hand, are under the jurisdictio
provincial governments. National prisons ar
jurisdiction of the Bureau of Corrections of the
Justice (DOJ).

Persons deprived of their liberty in Philippine

jails generally cover two classes. Those that are
trial in Philippine courts and those already con
after trial in the courts. The first class are comm
detention prisoners and are mostly found in
municipal and city jails while those belonging to
are found in the national penitentiaries.

The most obvious problem in facilitating the r

persons deprived of their liberty is the fact of
According to Section of the Omnibus Election C
shall cast their votes, i.e., receive paper ballots,
of candidates in the paper ballots, and submit th
ballot to the Board of Election Inspectors for dep
box, all within the confines of a polling place. A
In Re: Impleme ^..aiion of Right to Vote ofPerso^^i Deprived
their Liberty

described in the Omnibus Election Code and in

a public or private school building.
Obviously, on the part of detention persons
their liberty, they cannot freely go to these po
election day, or on any day for that matter, exc
court order allowing each individual detainee, is
who exercises jurisdiction over the individual
escorted out of prison or jail in order to cast his
of persons deprived of their liberty serving the
same cannot leave prison without a valid autho
Bureau of Corrections, and upon valid grounds
one of these grounds.

This option of the manner of voting for deten

deprived of their liberty is a practical impossibil
be hard-pressed processing motions of num
deprived of their liberty to that effect. Aside fro
difficulty of processing all motions of detention
of their liberty, the exercise of the right to vote
prisoner will be subject to the discretion of indiv
violating the equal protection clause of the Con
already been violated in the cases of former P
Estrada and former ARMM Governor Nur Misuari
special treatment by being allowed to vote in sp
up purposely for these personalities, while or
deprived of their liberty were not even vaguely g
opportunity.

The remote alternative of an omnibus order em

the Supreme Court directing the escort of all d
deprived of their liberty to their respective po
election day may provide a legal solution. But th
difficulty of its implementation renders it impract
 In Re: Implenie-^,.ation of Right to Vote ofPerso^«j Deprive
their Liberty

escort of detention persons deprived of their h

polhng places, thus farther stretching governm
resources which are already too thinly stretche
day.

The Right to remedy for the violation of the r

to be exercised by persons deprived of their libe
legal solution is not only impractical but rendere
The only remaining physical alternative, ther
obvious. Rather than the persons deprived of th
going to the polling places, the polling places sho
the persons deprived of their hberty.

While the Omnibus Election Code shows

favoring the implementation of the right to v
deprived of their liberty, it has been cited as w
stumbling block or barrier to this realization.
In the proceedings of the September Foru
on "Ensuring the Right to Electoral Participation
Vulnerable Sectors in specifically, the worksho
right to vote of detention persons deprived of t
^ The Forum was sponsored by the Commission on Human Rights, in partnership with T
and with support from the International Foundation for Electoral Systems (IFES). The C
key participant.
In Re: Implemc-~..ation of Right to Vote ofPerso^^ Deprive
their Liberty

participants cited Section of the Omnibus Elect

single provision of law which prevents the impl
COMELEC of the persons deprived of their liber
Said section provides:
Sec. Building that shall not be used as po
places. - No polling place shall be located in a
private building owned, leased or occupied by a
or of any person who is related to any candidat
fourth civil degree of consanguinity or affinity, o
of the government or leader of any political par
faction, nor in any building or surrounding prem
the actual control of a private entity, political
religious organization. In places where no suit
building is available, private school buildings ma
polling places. No polling place shall be located
the perimeter of or inside a miUtary or police ca
or reservation or within a prison compound, x x
{emphasis supplied.)
Section uses the term "prison compound
proceedings of the Forum workshop on detaine
up the question of what constitutes a "prison
recommended: the clarification of this term,
COMELEC issue a Resolution institutionalizing a
for persons deprived of their liberty.

The thrust of these recommendations is to

by which polling places can be set up in detentio
violating Section of the Omnibus Election Code
the definition and coverage of "prison compoun
the different kinds of jails and prisons, from mu
provincial jails to national penitentiaries and pe
thrust, in turn, jumps off from the realization t
facilitate the right to vote of detained persons, v
within their place of detention. This is borne out
that the alternative of escorting detention pers
their liberty to the regular polling places is pat
both legally and physically, as heretofore discus
 In Re: Impleme ^.atum of Right to Vote of Person Deprived
their Liberty

A cursory search of all Philippine statutes

the term "prison compound" is not defined and
two instances, viz., in Section of the Omnibus E
and in laws referring to the Old Bilibid Prison C
Municipal and Provincial Jails are never referre
compound" in any law or administrative issuanc

The minutes of deliberation of the Ba

Pambansa offer an insight as to what constit
compound." The minutes reveal the following exc
"MR. GARCIA (M.M.). Mr. Speaker, on the pro
amendment, as modified, I just want to make it
prison compounds will not include penal coloni
because penal colonies usually encompass a
thousands of hectares and the employees ther
allowed to vote may have to travel quite a distanc
not be allowed to vote within the penal colonies.
"MR. VILLAFUERTE. Mr. Speaker, in my disc
with the distinguished Sponsor, it was really
understanding that the concept of a prison
compound does not include a penal colony. How
the word "mihtary" shall include naval, airba
paramilitary installations.
"THE PRESIDING OFFICER (Mr. Albano). Wha
the Committee say?
"MR. GARCIA (M.M.). On that condition, Mr. Sp
we accept the amendment.
"MR. VILLAFUERTE. Thank you, Mr. Speaker.
"THE PRESIDING OFFICER (Mr. Albano). Th
being no objection; amendment is carried.3 (
supplied)

Deliberations on the Omnibus Election Code of the Philippines (Batas P

Blg Section October pp.
In Re: Implem. nation of Right to Vote of Persc^,s Deprived
their Liberty

It is clear from this discussion that the te

compound" was not contemplated by the legisl
encompassing term denoting all kinds of gove
facilities or prisons. The fact that it does not incl
implies that the term is actually used in its exc
should therefore be interpreted limitedly.
That "prison" or "prison compound" has
meaning from a "jail" may be inferred from the
Sec. Art. XIII of the Constitution, in stating as am
CHR's mandate "visitorial powers over jails, pris
facilities." (par. The separate mention of "jails"
in such provision connotes delineation of their t
"Jails" would refer to the detention facilities for
deprived of their liberty (detainees), while "pri
convicted persons deprived of their liberty (conv

In order to implement the right of detained pe

polhng places should be set up inside tlie det
especially in provincial, city and municipal jails
persons are numerous. The only way to do this i
detection facilities from the definition of the
compound."
In Re: Impleme „,ation of Right to Vote ofPerso.^j Dep
their Liberty

Since the term "prison compound" has no le

under the Omnibus Election Code or any law for
incumbent upon the COMELEC to provide such
purposes of establishing polling places under its
In short, in order for polling places to be legally s
and city jails and other detention centers holding
they should not be considered as falling under th
term "prison compound" in the same way that pe
excluded fi-om this definition as shown in the de
legislature on whether or not a "prison compound
colony. The wording in the visitorial power aspe
CHR's mandate as set forth in the Constitution
instructive.
It is prayed for in this Petition that the COME
Resolution finally defining the term "prison comp
its rule-making powers under the Omnibus Elect
constitutional mandate as the administrator of ele
the deliberation of the legislature, the COMELEC
definition of the term "prison compound" to natio
under the jurisdiction of the Bureau of Correction
city and municipal jails under the jurisdiction of
provincial jails under the jurisdiction of the provin
In fact, it can be argued that the term "prison com
to the Old Bilibid Prison Compound since, as state
wh(m the term "prison compound" is mentioned
other than in Section of the Omnibus Election Cod
used to refer to the Old Bilibid Prison Compound.

In addition, under the rules of statutory const

should be interpreted in accordance with constitu
and that between an interpretation that would
unconstitutional on the one hand and constitution
In Re: Implem^^ation of Right to Vote of Perseus Deprived
their Liberty

latter should prevail. In the instant case, an interp

"prison compound" should consider its impact o
right to vote of detention persons deprived of
provincial, city and municipal jails. If an interpret
tliat would not violate the constitutional provisio
suffrage of persons deprived of their liberty, then
should prevail over one that would defeat said rig
Convicted persons serving their sentences
penitentiaries, on the other hand, are most p
disqualified from voting in accordance with the
Code if they were sentenced to more than one yea
But on the occasion that there are still convicted
their liberty qualified to vote, the following deli
legislature is instructive:
"MR. CliA. I just want a clarification from
sponsor. Page lines until the end of
paragraph (n) - Illegal release of prisoners
and after election, xxx
"Can prisoners who are serving their ter
allowed to vote?
"MR. PEREZ (L.). If the penalty imposed,
Speaker, is only imprisonment but does no
disqualification from voting.
"MR. CliA, Where shall he vote, suppo
there is no election precinct inside the jail?
"MR. PEREZ (L.). But he is under
interdiction, Mr. Speaker.
"MR. CEA. I beg your pardon?
"MR. PEREZ (L.). UsuaUv, the
Commission on Elections, bv its rule-making
power, provides for a mechanism for some.
if there are a sensible number of prisoners
who would vote.
 In Re: Implema^ ation of Right to Vote ofPerse.^ Deprived
their Liberty
"MR. CEA. What is the mechanism
adverted to bv your Honor?
"MR. PEREZ. (L.). Before they estabhshe
a precinct in the nearest school building fo
them. (emphasis supplied.)
Convicted persons deprived of their hberty no
under the jurisdiction of the courts that tried and
are under the jurisdiction of the Bureau of Correc
case is on appeal. As such, they do not have to g
process of asking permission from the courts for t
of their prison that detained persons deprived o
through. They only have to ask permission from
Corrections.

Thus, in the case of convicted persons depr

liberty, all that is needed is for the Honorable
coordination with the Bureau of Corrections, to
resolution implementing the right to vote of co
deprived of their liberty not otherwise disqualifie
allowing them temporary egress to a polling preci
to be set up specially for them. As stated in t
deliberations, polling places can be set up in the s
prison compound where said persons deprived of
allowed to cast their vote escorted by officers o
Corrections.
Finally, the continued and
flagrant deprivation of the
right to suffrage of persons
deprived of their hberty is a
continuing violation of
relevant international human
rights instruments to which
the Philippines is a state
pai'ty.

Deliberations on the Omnibus Election Code of the Philippines (Batas

Blg Section (n).
In Re: Implem^ ation of Right to Vote of Person Deprived
their Liberty

The Phihppines is one of the original signa

Universal Declaration on Human Rights (UDHR) a
to the International Covenant on Civil and Politica
Both international human rights instmments spe
and acknowledge this important political right o
suffirage. As aptly stated under Art. par. of the UDH
"The will of the people shall be the basis
authority of government; this will shall be exp
periodic and genuine elections which shall be b
and equal suffrage and shall be held by secret
equivalent free voting procedures." (emphasis
Signing and ratifying an international instru
without significance. It is a contract with concom
and undertakings by the concerned parties that
with in good faith. Not even difficulty in implemen
reason not to comply with these international obl
entered into by the Philippines.

Under the above-cited provision of the UDHR

sulfrage" requires the
ensuring that every eligible voter must be i
Reasonable requirements are usually limited to
nationality and mental capacity and those that are
are economic requirements, excessive residenc
restrictions on voting by naturalized citizens, lang
literacy requirements,
On the other hand, "equal sufirage" means that
should be
 jie; Implen,..^ itation of Right to Vote ofPer^i/tis Deprived
their Liberty

Related to these is the basic human rights pr

discrimination which prohibits legislative and
calculated to prevent a racial group or groups fr
the political life of the nation.
Clearly now, the current reality in the Philip
persons deprived of their liberty are effectively
exercising their right to vote - both legally and pra

Highlighting this violation of international h

obligations is the fact that while persons deprived
are currently awaiting trial cannot exercise their
persons who are also awaiting trial but are otherw
by reason of availment of bail are allowed to vote
additional economic requirement which is not per
status, i.e., inability to post bail by reason of p
discriminatory and violative of the equal protectio
under the Constitution.

CLOSING STATEMENT

The right to suffrage enshrined in the Univers

of Human Rights, the International Covenant on
Rights, and the Constitution is too sacred to be de
who are otherwise not disqualified by law but
prevented from exercising it by the mere circums
physically constrained from going to regular pollin
day. The right to vote is the most definitive expres
of belonging to a body polity, and of participatin
society. It is a most important political right. Its ex
be compromised by the mere circumstances of dis
In Re: Implem „ iation of Right to Vote ofPersh^ls Deprived
their Liberty

For Filipinos working and residing abroad, t

been realized with the enactment of the Oversea
Act, enabling said Fihpinos to exercise their righ
places set up in Philippine embassies and consul
Filipino citizens detained in government jails
are no different from citizens working abroad in
circumstance of physical constraint is concerne
case of persons deprived of their liberty, a law is
enable them to exercise their right to suffrage. A m
rule of the COMELEC defining the term "prison
allowing escorted voting to special precincts near
sufficient.

In the first place, setting up special polling

persons deprived of their liberty is nothing new
Commission, in the past, has given reality to thi
special precincts for detention persons deprive
President Joseph Estrada and ARMM Governor
COMELEC would only be democratizing this specia
th(3se personalities when it expands it to the set
places inside jails and near national prisons espe
women confined within their walls.

A fundamental human and constitutional r

never be negated by a mere statute, especially if
interpreted in such a way as to give meaning to
provision. A COMELEC Resolution providing spec
for persons deprived of their liberty will go a long w
of our most marginalized sectors that they are n
society. It will be a landmark development in our e
will, albeit long overdue, serve as a model in the i
of civil and political rights throughout the coun
darkest and dankest corners of its prison cells.
In Re: Implen. station of Right to Vote of Deprived of
their Liberty

Various groups, organizations and institution

Cathohc Bishops Conference of the Phihp
Commission for Prison Pastoral Care (CBCP-E
Coalition Against Death Penalty (CADP), are in
petitioner CHR in advocating for a full and effectiv
right to vote of persons deprived of their liberty.

PRAYER
WHEREFORE, premises considered, it is pr
Honorable Commission that the foregoing petiti
and that implementing rules and regulations be p
COMELEC providing for special polling places an
voting of persons deprived of their liberty in th
National and Local Elections.
Other reliefs, just and equitable under the
likewise prayed for.

Diliman, Quezon City for Intramuros, Manila. O

COMMISSION ON HUMAN RIGHTS

SAAC Building, UP Complex, Commo
Petitioner
Ave., Diliman, Quezon City
By:

Chairperson
Tel. No.
Email Address: chr.delima@yaho
 In Re: Implen itation of Right to Vote ofPerscr7is
22 Deprive
their Liberty

VERIFICATION and CERTIFICATION

I, LEILA M. DE LIMA, Filipino, of legal age, w
address at the Commission on Human Rights,
Complex, Commonwealth Ave., Diliman Quezon Ci
sworn to in accordance with law, hereby depose a
I am the Chairperson of the Commission on H
I have been duly authorized by the Commiss
represent the Commission in the instant p
Resolution No. CHR (IV) No. promulgated o
October a copy of which is attached to
verification;
I have caused the preparation of the instan
have read and understood the same, and h
the allegations stated therein are true and c
my own personal knowledge and authentic r
I have not heretofore commenced any oth
involving this same subject-matter with the
the Court of Appeals, the courts of genera
jurisdiction, or any other tribunal, agency or
If I should thereafter learn that a similar ac
filed or is pending before the Supreme Cou
Appeals, or any other court, tribunal, agency
I hereby undertake to report that fact within
this Honorable Court.
I hereby affix my signature to attest to the truth
statements this day of October, in Quezon City.

SUBSCRIBED AND SWORN TO before me a No

and in Quezon City, this day of October affiant ex
to me her Official Passport with number issued
September by DFA Manila and vahd until Septem
WITNESS MY HAND AND SEAL,
Book No. j;^.
Series of