SPP No. 09 - 299
IN RE: PETITION FOR ACCREDITATION AS COMELEC'S CITIZEN ARM
FOR THE NATIONAL AND LOCAL ELECTIONS SET ON MAY 10, 2010,
PARISH PASTORAL COUNCIL FOR RESPONSIBLE VOTING (PPCRV), Petitioner
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SARMIENTO, Rene V., Commissioner.
Promulgation: 26 October 2009
For resolution is a petition1 filed by PARISH PASTORAL COUNCIL FOR RESPONSIBLE VOTING (PPCRV for brevity) on October 5, 2009 seeking for accreditation as citizen's arm of the Commission in connection with the May 10,2010 National and Local Elections.
The pertinent portion of the instant petition states:
"1. Petitioner is a bona fide national parish-based, non-partisan citizens' movement duly organized by and composed of civic-minded citizens drawn from the various sectors of the Philppines society, mandated to help form the civic conscience of the Filipino voters and campaign for an honest, meaningful, and peaceful elections. xxx.
2. This petition is being filed before this Honorable Commission pursuant to Article 9 © Section 2 of the 1987 Constitution where it states that the Commission on Elections has the following powers:
"(5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizen's arm of the Commission on Elections, " (emphasis and underscoring supplied)
3. The PPCRV has a mass-based constituency composed of individuals of voting age and registered voter, with operating chapters based in the various parishes in provinces, cities and municipalities throughout the country, which carry out all orders, instructions and/ or directives/ promulgated by the PPCRV's National Executive Board (NEB). The Council's membership has grown in number as evidenced by the May 2004 elections where almost 500,000 PPCRV members and volunteers from 2,924 parishes participated in poll watching and election related activities.
4. Over the years, PPCRV has played a major role during and in-between election time by mobilizing it's volunteers to man polling precincts in the country, helping safeguard the integrity of the ballot, ensuring a meaningful electoral process, and campaigning non-stop for voters' education and information on key issues.
5. The PPCRV was formed in October 1991 as a program of the Archdiocese of Manila in preparation for the 1992 elections. From then on, Petitioner has grown to become a national movement grounded on faith, moral values, and authentic democracy. In subsequent elections, Petitioner has likewise managed to be accredited as a national citizen's arm. More specifically, Petitioner has been granted due accreditation in the following electoral exercises:
(a) 1993, 1994, 1997 and 2002 Barangay Elections;
(b) 1993 Special Elections for Governor of Bataan;
(c) 1994 Special Elections for Congressman of the Second District of Rizal;
(d) 1992, 1995, 1998, 2001, 2004, and 2007 National and Local Elections;
(e) 1996 and 2002 Sangguniang Kabataan (SK) Election;
(f) 1997 Recall Election in Kalookan City;
(g) 1999 Regional Elections in the Autonomous Region in Muslim Mindanao (ARMM);
(h) 1999 October plebiscite on the creation of the City of Novaliches;
(i) 2000 April Recall Elections for the City Mayor of Pasay City; and
(j) 2008 Elections in the Autonomous Region in Muslim Mindanao (ARMM).6. Petitioner was likewise accredited as citizen's arm in connection with the General Registration and Continuing Registration and other related activities under Republic Act No. 8189, as well as in 2009.
7. In addition, Petitioner played an active role in the bidding period for automation of the 2010 elections that spanned more than one month.
8. Petitioner was likewise part of the Comelec Advisory Council and has played a vigilant role in overseeing matters relating to or in any way affecting the right and the exercise of the right to suffrage.
9. For the past 18 years, the PPCRV has consistently worked and aspired for honest, clean, credible, and peaceful elections. Its unparalleled performance over the years as an accredited national citizen's arm from the above-listed electoral exercises has undoubtedly showed the strength of its mandate and its relevance in electoral exercises. It is with this view that the petitioner seeks to be accredited anew as a national citizen's arm for purposes of the forthcoming National and Local Elections set on May 10, 2010 to perform, among others, voter's education, voter's assistane and poll-watching functions, and such other related activities that the Honorable Commission may direct.
10. Should Petitioner be accredited again as a citizen's arm, Petitioner reiterates and makes of record the following commitments:
(a) It is not supporting any candidate,political party, organization or coalition of poIitical parties involved on the May 10, 2010 National and Local Elections;
(b) It shall remain strictly non-partisan and impartial during the entire electoral exercises;
(c) It is not supported by or under the influence of any foreign government or any of its agencies or instrumentalities, or of any foreign, whether natural or judicial;
(d) It shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government, whether natural or juridical, in its monitoring of the conduct of elections;
(e) It does not seek to achieve its objectives, goals or programs through violence or other unlawful means, nor aim to propagate any ideology opposed to the priciples of a republican and democratic government, and that it will undertake to police its ranks and prevent infiltration by persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartiality."
Petitioner's prayer in the instant petition are, to wit:
"(a) Accreditation of Parish Pastoral Council for Responsible Voting (PPCRV) as a national citizens arm for purposes of voter's education and pollwatching and attendant fuctions in the forthcoming National and Local Elections set on May 10, 2010;
(b) Furnish Petitioner free of charge with the Computerized Voter's List (CVLs) for the effective discharge of its responsibility, particularly on the aspect of Voter's Assistance.
(c) Furnish Petitioner free of charge with the fourth (4th) copy of the Election Return for the conduct of an unofficial count;
(d) Furnish Petitioner free of charge with one of the 27th to 30th copy of the Election Return for the conduct of unofficial count by any of its local units;
(e) Allow Petitioner to examine and test the equipment or device to be used in the voting and counting on the day of the electoral exrcise, before voting starts as provided by Section 10 of RA 8436, as amended by Section 12 of RA 9369;
(f) Authorize Petitioner to undertake a widespread stakeholder education and training program to educate the public and fully inform the electorate about the AES and inculcate values on honest, peaceful, orderly and informed elections;
(g) Issuance of the necessary orders to all concerned election officers nationwide to implement the foregoing orders; and
(f) All other functions as citizen's arm that the Commission may warrant. "
On October 8, 2009, the Commission en banc issued an Order directing PPCRV to cause the publication of its petition in a newspaper of general circulation. It was also notified of the hearing scheduled on October 14, 2009 at 200 P.M. at the Session Hall of the Commission, 8th Floor, Palacio del Gobernador, Intramuros, Manila.
During the hearing, Amb. Henrietta T. De Villa, Chairwoman of PPCRV, Atty. Howard M. Calleja and Atty. Rosalie T. Lapuz, counsels for PPCRV, appeared. Atty. Calleja presented Exhibits "A" and "B" with its sub-markings to establish compliance with all the juridical requirements. Counsel likewise presented Exhibit "C" which is the latest Executive Report relative to the ARMM elections and answered questions from the Commissioners. He further manifested that without testimonial evidence they are submitting their Petition for immediate resolution. There was no oppositor.
We rule.
The petitioner's participation during the past electoral exercises and its commitment towards honest, clean, credible and peaceful elections are commendable. Considering that petitioner has proven that it has sufficiently complied with the stringent requirements for accreditation as prescribed under Rule 33 of the Comelec Rules of Procedure, this Commission hereby resolves to ACCREDIT the PARISH PASTORAL COUNCIL FOR RESPONSIBLE VOTING (PPCRV) as citizen's arm of the Commission pursuant to Section 2(5) of Article IX (C) of the 1987 Constitution2 and Section 52 (k) of the Omnibus Election Code3 as amended and other election laws in connection with the May 10, 2010 National and Local Elections. The PPCRV must perform the following duties:
- Conduct poll watching in various precincts, including assistance to voters;
- Assist the Commission in voter's information and values education in every municipality, province and city including highly urbanized cities.
This Commission, on the other hand, will:
- Furnish PPCRV with a soft copy of the Computerized Voter's List (CVLs) for the effective discharge of its responsibility, particularly on the aspect of Voter's Assistance.
- Furnish PPCRV free of charge with the fourth (4th) copy (hard copy of the Election Return as well as its electronic copy to be transmitted electronically for the conduct of an intemal unofficial count.
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Furnish PPCRV free of charge with one of the 27th to 30th copy of the Election Return for the conduct of an internal unofficial count by any of its local units.
- Allow PPCRV to witness the examination and testing of the equipment or device to be used in the voting and counting on the day of the electoral exercise, before voting starts as provided by Section 10 of RA 8436, as amended by Section 12 of RA 9369.
- Authorize PPCRV to undertake a widespread stakeholder education and training program to educate the public and fully inform the electorate about the AES and inculcate values on honest, peaceful, orderly and informed elections. Provided, however, that the modules to be used in these undertakings should first be approved by the Education and Information Department (EID) of this Commission.
WHEREFORE, premises considered, the instant petition for accreditation is hereby GRANTED, subject to the above and following conditions:
a) That it shall be subject to the direct and immediate control of the Commission and shall comply with all lawful orders of the Commission in the performance of its specific functions and activities as provided in Section 52 (k) of the Omnibus Election Code, and such other functions and activities which the Commission may assign to it;
b) That it shall be non-partisan and impartial during the election period;
c) That its shall not be under the influence whatsoever of any foreign government corporation, or entity and shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any govemment, corporation or entity, and that neither shall said organization nor any of its members seek to achieve its objectives or programs through violence, or aim to propagate any ideology opposed to the principles of a republican and democratic govemment;
d) That it shall undertake to police its ranks and prevent infiltration by persons or group of persons who may, directly or indirectly, destroy its character of impartiality;
e) That it shall submit to the Commission a list of its responsible officials and other offices constituting its board and there shall be no changes therein without the approval of the Commission;
f) That it shall make available to the Commission its personnel, facilities, equipment, papers and effects and coordinate its activity with other accredited citizen's arm of the Commission;
g) That it shall submit a written report of its activities/operations and its observation of the May 10, 2010 National and Local Elections within one (1) month after said elections.
h) That this accreditation shall be deemed automatically revoked in case it violates any of the conditions herein set forth.
The Executive Director of the Commission in coordination with the Clerk of the Commission shall implement this Resolution immediately upon its promulgation, furnishing copies thereof to all field officers nationwide including the candidates and the political parties or coalition of political parties.
The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation.
SO ORDERED.
| (Sgd.) RENE V. SARMIENTO Commissioner |
WE CONCUR:
| (Sgd.) JOSE A.R. MELO Chairman | |
| (Sgd.) NICODEMO T. FERRER Commissioner |
(Sgd.) LUCENITO N. TAGLE Commissioner |
| (Sgd.) ARMANDO C. VELASCO Commissioner |
(Sgd.) ELIAS R. YUSOPH Commissioner |
| (Sgd.) GREGORIO Y. LARRAZABAL Commissioner | |
THIS IS TO CERTIFY that based on the records, the conclusions in the foregoing resolution were reached in consultation among the members of the Commission before the case was assigned to the writer of the opinion of the Commission sitting en banc.
| (Sgd.) JOSE A.R. MELO Chairman |
POSTED: 11.03.2009 LTO
