Republic of the Philippines Commission on Election Manila En Banc IN THE MATTER OF ANNULMENT OF BOOK OF VOTERS OF THE ENTIRE AUTONOMUS

REGION IN MUSLIM MINDANAO AND SPECIAL GENERAL REGISTRATION THEREAT, Atty. ALGAMAR A. LATIPH, Petitioner. x---------------------------------------x 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. As a result, this Honorable Commission will conduct a special registration on 9 to 18 July 2012.

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 a precinct 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:

Section 1. Grounds. - Any book of voters not

statistically improbable, may be annulled by the Commission.

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 petitioners 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 before the 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 gave assurances that it would conduct general registrations in the Autonomous Region in Muslim Mindanao (ARMM). Earlier, the COMELEC denied requests from the Executive and Legislative Departments to conduct a new voters registration in the region citing time constraints in the bidding of additional voter registration machines (VRMs) that will be needed for the process and the lack of funds. xxx xxx xxx

We no longer see any obstacles. So we will start preparing for a general registration in the ARMM, stated COMELEC Chairman Sixto S. Brillantes Jr. The COMELEC chief said the Senate Committee on 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, 2012 as the period for the ARMM general registration. This is timed so that the general registration period would end two days before the start of Ramadan, Brillantes concluded.

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 Statement8 of the Senate on the matter show:

The resolution cited data from the National Statistics Office (NSO) showing blown- up population figures in the ARMM, which according to the authors may have been used by unscrupulous politicians for vote padding activities to ensure victory during previous elections. For instance, while the population in the ARMM stood at 4.1 million in 2007, a revalidation conducted by NSO in 2010 revealed only a little more than 3.3 million population, the resolution states. It also cited an overstated 5.46 percent population 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 poorest provinces, Maguindanao and Basilan, having the biggest growth rates, at 6.6 percent and 6.44 percent, respectively. "The electoral history of the ARMM shows that elections results in the ARMM are always questionable and tainted with anomaly and irregularity, 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 are triple, registrants constitute the so-called 'command votes' or 'controlled votes' wielded by political warlords that could decide the winner not only in local but most importantly 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. 944110 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 General Registration, thus:
WHEREAS, it is imperative that the timeline be strictly and closely followed, with the general registration scheduled from July 9 to July 18, 2012;

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

Provision of Forwarding Services for the Deployment of Voters Registration Machines, Registration Forms and Supplies in Connection with the 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 consideration to those voters who are temporarily outside ARMM and

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 OUTSIDE THE ARMM AND TRANSITORILY STAYING IN METRO MANILA BY REASONS OF THEIR OCCUPATION, TRADE, PROFESSION, EDUCATIONAL ACTIVITIES, FAMILY, AND OTHER PERSONAL REASONS AND WHO CANNOT APPEAR AND REGISTER IN 9 TO 18 JULY 2012 ARMM GENERAL ELECTION IS VIOLATIVE TO THEIR CONSTITUTIONAL RIGHT TO SUFFRAGE. 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

II.

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.

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, EDUCATIONAL TRADE, PROFESSION, FAMILY,

ACTIVITIES,

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.

It is respectfully submitted that the proximity of the time of just less than one month between the annulment of BOV and the scheduled General

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 constrained them 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 200511 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 had increased 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 expenses that will be incurred by them. Even if we reduce the number to just only 10,000 voters who will be affected, still we can generate total of

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 Million or 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 the annulment 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, in its Resolution of 08 July 2003 in SPP Nos. 03-029 to 03-032; 03-034 to 03-045 and 03-047, annulled the lists of voters/ books of voters in the abovementioned cities and municipalities;

And this is not the first time, the undersigned sought refuged to this Honorable Court on the oppressive consequential effect of such massive

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 Airlines requires more than Php 7,000.00 air fair and by adding up transportation and food expenses the total amount would be pegged at Php 10,000.00. And since there are sixteen (16) petitioners, these petitioners have to spent at least Php 160,000.00 for them to appear personally and file their application personally before the EO of Tugaya. But there are at least eighty four (84) applications denied by the ERB only on the sole ground that they were not personally filed, with 84 applications their total expenses is close to P840,000.00! Such a tremendous amount of money is a huge price to pay in order to exercise the inherent political right of every citizen in a republican state like ours.

It is not petitioners 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 SUFFRAGE.

Sec. 2. The Commission on Elections shall exercise the 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, including determination of the number and location of polling places, 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 on elections, has RESOLVED, as it hereby RESOLVES, to advise the affected voters that: a) They may file their applications for registration at the Office of the Election Officer of the city or municipality where they are currently residing, during regular office hours, from 04 August 2003 to 31 October 2003, provided that they meet the six-month residency requirement for registration and are not

registration records to their hometowns by personally filing applications for transfer of registration records at the Offices of the Election Officers of their respective hometown in the ARMM and Isabela City, Basilan, not alter than 31 October 2003; c) To facilitate the processing of their applications for transfer, the concerned voters, before filing the application shall, first secure certified copies of their registration records from the Offices of the Election Officer where they are currently registered, and attached the certifications to their application for transfer;

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, petitioners are native in Tugaya and their hometown. Second, they have no financial means and sufficient opportunity to register in Tugaya during the scheduled registration therein on July 25 to 30, 2003 (there is only one day registration in Tugaya on 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 following the advise of this Honorable Commission and then later their registrations were approved by the ERB. Fifth, they applied for transfer of registration in Tugaya attaching thereto the certified copies of the approved registration records. Sixth, former AEO Maulay of Tugaya had duly received petitioners applications together

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 its Resolution of 08 July 2003 in SPP Nos. 03-029 to 03032; 03-034 to 03-045 and 03-047, annulled the lists of voters / books of voters in the cities and municipalities comprising the Autonomous Region in Muslim Mindanao (ARMM) and Isabela City, Basilan; xxx xxx xxx

b) Should they wish to vote in their hometown in the coming elections, they may transfer their registration records to their hometowns by personally filing applications for transfer of registration records at the Offices of the Election Officers of their respective 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

12

IN THE MATTER OF THE REMEDIAL PROCEDURE FOR THE FILING OF APPLICATIONS

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 AND

TO

INVESTIGATE RESPONSIBLE

PROSECUTE IN THE

PERSONS

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 shows that elections results in the ARMM are always questionable and tainted with anomaly and irregularity, 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 are triple, registrants constitute the so-called 'command votes' or 'controlled votes' wielded by political warlords that could decide the winner not only in local but most importantly the national elections."

Section 2, Article 9 of the Constitution provides:

(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 omissions constituting 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. LATIPH Petitioner c/o MALAYANG & ASSOCIATES LAW OFFICES Ground Floor, ICC Building NIA Compound, EDSA, Diliman, Quezon City

SECRETARY OF THE COMMISSION Commission on Election EN BANC Greetings! Please calendar the hearing of the above-petition for Oral Argument at 9:00 am on Tuesday, June 12, 2012 so that the parties may be heard and argued on the merits of the case.

Atty. ALGAMAR A. LATIPH