John Ericson M.

Alo

Constitutional Law II - Atty. Edwin Bellen

Case: Kabataan Party-List v COMELEC

Details: GR No. 221318, December 16, 2015
Ponente: Associate Justice Estela Perlas-Bernabe
Topics: Constitutionality of RA 10367, Right to Suffrage , 'No Bio, No Boto', & Equal Protection
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Facts: President Benigno S. Aquino III signed into law RA 10367, a consolidated bill passed by the House
of Representative and the Senate.
RA 10367 mandates the COMELEC to implement a mandatory biometrics registration system for new
voter in order to establish a clean, complete, permanent, and updated list of voters.
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RA 10367 also requires that registered voters whose biometrics have not been captured shall submit
themselves for validation. Also, voters who fail to submit for validation on or before the last day of filing of
application for registration for the May 2016 Election shall be deactivated.
May 2014, COMELEC launched the No Bio-No Boto campaign. Thru the efforts of COMELEC by putting
up sattelite offices for registrations and public advisories, and the sending individual notices to the affected
voters.
Nov. 25, 2015, herein petitioners filed a petition with application for temporary order (TRO) and/or writ of
preliminary mandatory injuction (WPI) assailing the constitutionality of the biometrics validation
requirement imposed under RA 10367 and other COMELEC Resolutions which is an application of RA
10367.

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TRO was issued by the Court requiring the COMELEC to desist from deactivating the registration records
of voters without biometrics information.
Petitioner's Position: Biometrics validation gravely violates the Constitution considering that, applying
the strict scrutiny test, it is not poised with a compelling reason for state regulation and hence, an
unreasonable deprivation of the right to suffrage

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Respondents Position: COMELEC Chairman Juan Andres Bautista, through a letter addressed to the
Court En Banc, urgently appealed for the immediate lifting of the TRO, stating that COMELEC is set to
finalize the Project of Precincts(POP) and that the TRO would affect the 2.4 Million deactivated voters in
the list of voters which would require revisions to the POP.
Issue: WON RA 10367 is unconstitutional

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Held: No, the Court ruled that the petition bereft of merit.
In the 1936 case of The People of the Philippine Islands v Corral, it has been recognized that "the right to
vote is not a natural right but a right created by law. Suffrage is a privilege granted by the State to such
persons or classes as are most likely to exercise it for the public good.
Section 1, Article V of the 1987 Constitution delineates the current parameters for the exercise of suffrage:
Section 1. Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by
law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least
one year and in the place wherein they propose to vote for at least six months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage.

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Dissecting the provision, one must meet the following qualifications in order to exercise the right of
suffrage: first, he must be a Filipino citizen; second, he must not be disqualified by law; and third, he must
have resided in the Philippines for at least one (1) year and in the place wherein he proposes to vote for at
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least six (6) months immediately preceding the election.
The second item more prominently reflects the franchised nature of the right of suffrage. The State may
therefore regulate said right by imposing statutory disqualifications, with the restriction, however, that the
same do not amount to, as per the second sentence of the provision, a "literacy, property or other

John Ericson M. Alo

Constitutional Law II - Atty. Edwin Bellen

substantive requirement." Based on its genesis, it may be gleaned that the limitation is geared towards the
elimination of irrelevant standards that are purely based on socio-economic considerations that have no
bearing on the right of a citizen to intelligently cast his vote and to further the public good.
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When the 1935 Constitution was adopted, the minimum voting age was lowered to twenty-one (21) and the
foregoing class qualification and property requirements were removed. However, the literacy requirement
was retained and only men who were able to read and write were given the right to vote. It also made
women's right to vote dependent on a plebiscite held for such purpose.
During the 1971 Constitutional Convention, the delegates decided to remove the literacy and property
requirements to broaden the political base and discontinue the exclusion of millions of citizens from the
political systems.
As it finally turned out, the imposition of literacy, property, or other substantive requirement was proscribed
with respect to the 1973 Constitution, wherein, the same provision was adopted in the 1987 Constitution
except for the Batansang Pambansa clause.

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In the case at bar, in relation to equal protection, the court was not convinced that the deactivation of the
registrations of the voters who failed to comply with the requirements would amount to a violation to the
equal protection of laws.
It should also be pointed out that deactivation is not novel to RA 10367. RA 8189 already provides for
certain grounds for deactivation, of which not only the disqualifications under the Constitution or the
Omnibus Election are listed.
Section 27. Deactivation of Registration. The board shall deactivate the registration and remove the
registration records of the following persons from the corresponding precinct book of voters and
place the same, properly marked and dated in indelible ink, in the inactive file after entering the
cause
or
causes
of
deactivation:
a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than
one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided,
however, That any person disqualified to vote under this paragraph shall automatically reacquire
the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks
of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and
the Sandiganbayan;
b) Any person who has been adjudged by final judgment by a competent court or tribunal of having
caused/committed any crime involving disloyalty to the duly constituted government such as
rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national
security, unless restored to his full civil and political rights in accordance with law; Provided, That
he shall regain his right to vote automatically upon expiration of five (5) years after service of
sentence;
c) Any person declared by competent authority to be insane or incompetent unless such
disqualification has been subsequently removed by a declaration of a proper authority that such
person
is
no
longer
insane
or
incompetent;
d) Any person who did not vote in the two (2) successive preceding regular elections as shown by
their voting records. For this purpose, regular elections do not include the Sangguniang
Kabataan (SK)
elections;
e) Any person whose registration has been ordered excluded by the Court; and

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f) Any person who has lost hisPage

Filipino
2 citizenship.

Petitioners would do well to be reminded of this Court's pronouncement in AKBAYAN-Youth, wherein it

was held that:
[T]he act of registration is an indispensable precondition to the right of suffrage. For registration is
part and parcel of the right to vote and an indispensable element in the election process. Thus,

John Ericson M. Alo

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Constitutional Law II - Atty. Edwin Bellen

contrary to petitioners' argument, registration cannot and should not be denigrated to the lowly
stature of a mere statutory requirement. Proceeding from the significance of registration as a
necessary requisite to the right to vote, the State undoubtedly, in the exercise of its inherent
police power, may then enact laws to safeguard and regulate the act of voter's registration for
the ultimate purpose of conducting honest, orderly and peaceful election, to the incidental yet
generally important end, that even pre-election activities could be performed by the duly
constituted authorities in a realistic and orderly manner - one which is not indifferent, and so far
removed from the pressing order of the day and the prevalent circumstances of the
times.88 (Emphasis and underscoring supplied)

Critique: I personally agree with the courts decision. Such process or steps might be an additional effort
for the people, but it does not violate or restrict any person to be qualified if they completed the said
process.
Quoting Associate Justice Estela Perlas-Bernabe, Rights beget responsibilities; progress begets change.
In such Constitutional right to suffrage, we also needed to exert efforts due to the responsibilities that we
needed to fulfill in order to claim such right. A right to vote, is also a right not to vote. Those who failed to
complete such process may be deemed as an exercise of his right not to vote.

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