Professional Documents
Culture Documents
Tolentino v. COMELEC
Tolentino v. COMELEC
*
G.R. No. 148334. January 21, 2004.
_______________
* EN BANC.
439
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 1/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 2/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
because the right and duty to hold the election emanate from the
statute and not
440
from any call for the election by some authority and the law thus
charges voters with knowledge of the time and place of the
election. Conversely, where the law does not fix the time and
place for holding a special election but empowers some authority
to fix the time and place after the happening of a condition
precedent, the statutory provision on the giving of notice is
considered mandatory, and failure to do so will render the election
a nullity.
Same; Same; Same; Lack of notice to a sufficient number of
voters of the special election renders the same void.—The test in
determining the validity of a special election in relation to the
failure to give notice of the special election is whether the want of
notice has resulted in misleading a sufficient number of voters as
would change the result of the special election. If the lack of
official notice misled a substantial number of voters who wrongly
believed that there was no special election to fill a vacancy, a
choice by a small percentage of voters would be void. The required
notice to the voters in the 14 May 2001 special senatorial election
covers two matters. First, that COMELEC will hold a special
election to fill a vacant single three-year term Senate seat
simultaneously with the regular elections scheduled on the same
date. Second, that COMELEC will proclaim as winner the
senatorial candidate receiving the 13th highest number of votes in
the special election.
Same; Same; Same; The consistent rule has been to respect the
electorate’s will and let the results of the election stand, despite
irregularities that may have attended the conduct of the elections.
—Indeed, this Court is loathe to annul elections and will only do
so when it is “impossible to distinguish what votes are lawful and
what are unlawful, or to arrive at any certain result whatever, or
that the great body of the voters have been prevented by violence,
intimidation, and threats from exercising their franchise.”
Otherwise, the consistent rule has been to respect the electorate’s
will and let the results of the election stand, despite irregularities
that may have attended the conduct of the elections. This is but to
acknowledge the purpose and role of elections in a democratic
society such as ours, which is: to give the voters a direct
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 3/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
441
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 4/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
442
443
basic civil and political rights, Chief Justice Warren, speaking for
the U.S. Supreme Court in Reynolds v. Sims cautioned that any
alleged infringement of the right of citizens to vote must be
carefully and meticulously scrutinized. It was to promote free,
orderly and honest elections and to preserve the sanctity of the
right to vote that the Commission on Elections was created. The
1987 Constitution mandates the COMELEC to ensure “free,
orderly, honest, peaceful, and credible elections.”
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 6/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
444
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 7/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
and of the press. Far from it. The right to information goes hand-
in-hand with the constitutional policies of full public disclosure
(footnote omitted) and honesty in the public service (footnote
omitted). It is meant to enhance the widening role of the citizenry
in governmental decision-making as well as in checking abuse in
government.
Same; Same; An informed citizenry is essential to the existence
and proper functioning of any democracy.—These twin provisions
(on right to information under Section 7, Article III and the policy
of full public disclosure under Section 28, Article II) of the
Constitution seek to promote transparency in policy-making and
in the operations of the government, as well as provide the people
sufficient information to exercise effectively other constitutional
rights. These twin provisions are essential to the exercise of
freedom of expression. If the government does not disclose its
official acts, transactions and decisions to citizens, whatever
citizens may say, even if expressed without any restraint, will be
speculative and amount to nothing. These twin provisions are also
essential to hold public officials “at all times x x x accountable to
the people,” (footnote omitted) for unless citizens have the proper
information, they cannot hold public officials accountable for
anything. Armed with the right information, citizens can
participate in public discussions leading to the formulation of
government policies and their effective implementation. An
informed citizenry is essential to the existence and proper
functioning of any democracy.
Same; Same; Notice to the electors that a vacancy exists and
that an election is to be held to fill it for the unexpired term, is
essential to give validity to the meeting of an electoral body to
discharge that particular duty, and is also an essential and
characteristic element of a popular election.—Although there is
not unanimity of judicial opinion as to the requirement of official
notice, if the vacancy is to be filled at the time of a general
election, yet it appears to be almost universally held that if the
great body of the electors are misled by the want of such notice and
are instead led to believe that no such election is in fact to be held,
an attempted choice by a small percentage of the voters is void.
Wilson v. Brown, 109 Ky 229, 139 Ky 397, 58 SW 595; Wooton v.
Wheeler, 149 Ky 62, 147 SW 914; Secord v. Foutch, 44 Mich 89, 6
NW 110; Bolton v. Good, 41 NJL 296 (other citations omitted).
Notice to the electors that a vacancy exists and that an election is
to be held to fill it for the unexpired term, is essential to give
validity to the meeting of an electoral body to discharge that
particular duty, and is also an essential and characteristic element
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 8/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
445
noted, except for the vacancy, it would have no place there, as the
term of office of the incumbent, if living, would not expire until
January 1, 1947.
CARPIO, J.:
The Case
The Facts
_______________
446
_______________
WHEREAS, the Honorable Teofisto Guingona, Jr. was elected Senator of the
Philippines in 1998 for a term which will expire on June 30, 2004;
WHEREAS, on February 6, 2001, Her Excellency President Gloria Macapagal-
Arroyo nominated Senator Guingona as Vice-President of the Philippines;
WHEREAS, the nomination of Senator Guingona has been conferred by a
majority vote of all the members of both Houses of Congress, voting separately;
WHEREAS, Senator Guingona will take his Oath of Office as Vice-President of
the Philippines on February 9, 2001;
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 10/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
WHEREAS, Republic Act No. 7166 provides that the election for twelve (12)
Senators, all elective Members of the House of Representatives, and all elective
provincial, city and municipal officials shall be held on the second Monday of May
and every three years thereafter. Now, therefore be it Resolved by the Senate, as it
is hereby resolved to certify as it hereby certifies, the existence of a vacancy in the
Senate and calling the Commission on Elections (COMELEC) to fill up said
vacancy through election to be held simultaneously with the regular election on
May 14, 2001 and the senatorial candidate garnering the thirteenth (13th) highest
number of votes shall serve only for the unexpired term of former Senator Teofisto T
Guingona, Jr. (Emphasis supplied)
447
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 11/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
Name Votes Garnered
(as of 4 June 2001)
JOKER P. ARROYO 11,163,801
MANUEL B. VILLAR, JR. 11,084,884
FRANCIS N. PANGILINAN 10,877,989
EDGARDO J. ANGARA 10,746,843
PANFILO M. LACSON 10,481,755
LUISA P. EJERCITO ESTRADA 10,456,674
RALPH G. RECTO 10,387,108
GREGORIO G. HONASAN 10,364,272
448
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 12/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
4 This provision states: “The Commission on Elections shall fix the date
of the special election, which shall not be earlier than forty-five (45) days
nor later than ninety (90) days from the date of such resolution or
communication, stating among other things the office or offices to be voted
for: Provided, however, That if within the said period a general election is
scheduled to be held, the special election shall be held simultaneously
with such general election.”
5 This provision reads: “Certificate of candidacy.—No person shall be
eligible for any elective public office unless he files a sworn certificate of
candidacy within the period fixed herein.
A person who has filed a certificate of candidacy may, prior to the
election, withdraw the same by submitting to the office concerned a
written declaration under oath.
No person shall be eligible for more than one office to be filled in the
same election, and if he files his certificate of candidacy for more than one
office, he shall not be eligible for any of them. However, before the
expiration of the period for the filing of certificates of candidacy, the
person who has filed more than one certificate of candidacy may declare
under oath the office for which he desires to be eligible and cancel the
certificate of candidacy for the other office or offices.
The filing or withdrawal of a certificate of candidacy shall not affect
whatever civil, criminal or administrative liabilities which a candidate
may have incurred.”
449
6
6646”). Petitioners add that because of these omissions,
COMELEC canvassed all the votes cast for the senatorial
candidates in the 14 May 2001 elections without distinction
such that “there were no two separate Senate elections held
simultaneously but just
7
a single election for thirteen seats,
irrespective of term.”
Stated otherwise, petitioners claim that if held
simultaneously, a special and a regular election must be
distinguished in the documentation as well as in the
canvassing of their results. To support their claim,
petitioners cite the special elections simultaneously held
with the regular elections of 13 November 1951 and 8
November 1955 to fill the seats vacated by Senators
Fernando Lopez and Carlos P. Garcia, respectively, who
became8 Vice-Presidents during their tenures in the
Senate. Petitioners point out that in those elections,
COMELEC separately canvassed the votes cast for the
senatorial candidates running under the regular elections
from the votes cast for the candidates running under the
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 13/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
450
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 14/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
The Issues
(1) Procedurally—
_______________
10 Castro v. Del Rosario, 125 Phil. 611; 19 SCRA 196 (1967), Section
1(a), Rule 66, THE 1997 RULES OF CIVIL PROCEDURE.
451
_______________
452
14
Alunan III v. Mirasol, we took cognizance of a petition to
set aside an order canceling the general elections for the
Sangguniang Kabataan (“SK”) on 4 December 1992 despite
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 16/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
that at the time the petition was filed, the SK election had
already taken place. We noted in Alunan that since the
question of the validity of the order sought to be annulled
“is likely to arise in every SK elections and yet the question
may not be decided before the date of such elections,” the
mootness of the petition is no bar to its resolution. This
observation squarely applies to the instant case. The
question of the validity of a special election to fill a vacancy
in the Senate in relation to COMELEC’s failure to comply
with requirements on the conduct of such special election is
likely to arise in every such election. Such question,
however, may not be decided before the date of the election.
On Petitioners’ Standing
Honasan questions petitioners’ standing to bring the
instant petition as taxpayers and voters because
petitioners do not claim that COMELEC illegally disbursed
public funds. Neither do petitioners claim that they
sustained personal injury because of the issuance of
Resolution Nos. 01-005 and 01-006.
“Legal standing” or locus standi refers to a personal and
substantial interest in a case such that the party has
sustained or will sustain direct 15
injury because of the
challenged governmental act. The requirement of
standing,
16
which necessarily “sharpens the presentation of
issues,” relates to the constitutional mandate that 17
this
Court settle only actual cases or controversies. Thus,
generally, a party will be allowed to litigate only when (1)
he can show that he has personally suffered some actual or
threatened injury because of the allegedly illegal conduct of
the government; (2) the injury is fairly traceable to the
challenged action; and (3) the 18
injury is likely to be
redressed by a favorable action.
_______________
453
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 18/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
also Telecom. & Broadcast Attys. of the Phils., Inc. v. Commission on Elections, 352
Phil. 153; 289 SCRA 337 (1998).
22 G.R. No. 141284, 15 August 2000, 338 SCRA 81.
454
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 19/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
23 Integrated Bar of the Philippines vs. Zamora, G.R. No. 141284, 15 August
2000, 338 SCRA 81.
455
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 20/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
24 25
nowhere in its resolutions or even in its press releases
did COMELEC state that it would hold a special election
for a single three-year term Senate seat simultaneously
with the regular elections on 14 May 2001. Nor did
COMELEC give formal notice that it would proclaim as
winner the senatorial candidate receiving the 13th highest
number of votes in the special election.
The controversy thus turns on whether COMELEC’s
failure, assuming it did fail, to comply with the
requirements in Section 2 of R.A. No. 6645, as amended,
invalidated the conduct of the special senatorial election on
14 May 2001 and accordingly rendered Honasan’s
proclamation as the winner in that special election void.
More precisely, the question is whether the special election
is invalid for lack of a “call” for such election and for lack of
notice as to the office to be filled and the manner by which
the winner in the special election is to be determined. For
reasons stated below, the Court answers in the negative.
_______________
24 E.g. Resolution No. 3258, dated 28 September 2000 (providing for the
calendar of activities and periods of prohibited acts in connection with the
14 May 2001 elections as amended by Resolution Nos. 3322, dated 5
October 2000; 3284, dated 20 October 2000; 3306, dated 7 November 2000,
3426, dated 22 December 2000; and 3359 dated ___ February 2001);
Resolution No. 3632, dated 1 March 2001 (canceling the certificates of
candidacy of nuisance senatorial candidates); and Resolution No. 3743,
dated 12 March 2001 (providing for the general instructions to the Boards
of Election Inspectors on the casting and counting of votes).
25 E.g. undated COMELEC pamphlet entitled “Frequently Asked
Questions on the May 14, 2001 Elections.”
26 26 A.M. JUR. 2d Elections § 281 (1996), 29 C.J.S. Elections § 70
(1965).
27 Ibid; ibid.
457
_______________
458
_______________
459
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 24/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
460
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 25/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
(1930); Cailles v. Gomez, 42 Phil. 852 (1924). Batas Pambansa Blg. 881,
as amended, (Omnibus Election Code), on failure of elections (resulting to
the annulment of elections), provides: “SEC. 6. Failure of election.—If, on
account of force majeure, violence, terrorism, fraud, or other analogous
causes the election in any polling place had not been held on the date
fixed, or had been suspended before the hour fixed by law for the closing of
the voting, or after the voting and during the preparation and the
transmission of the election returns or in the custody or canvass thereof,
such election results in a failure to elect, and in any of such cases the
failure or suspension of election would affect the result of the election, the
Commission shall, on the basis of a verified petition by an interested party
and after due notice and hearing, call for the holding or continuation of
the election not held, suspended or which resulted in a failure to elect on a
date reasonably close to the date of the election not held, suspended or
which resulted in a failure to elect but not later than thirty days after the
cessation of the cause of such postponement or suspension of the election
or failure to elect”.
35 Alcala v. Commission on Elections, 218 Phil. 322; 133 SCRA 352
(1984); Villareal v. Fornier, 84 Phil. 756 (1949); Lucero v. De Guzman, 45
Phil. 852 (1924).
36 Lino Luna vs. Rodriguez, 39 Phil. 208 (1918).
461
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 26/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 27/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
462
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 28/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
463
464
T[HE] P[RESIDENT]. Correct.
S[ENATOR] T[ATAD].—to fill up this position for three
years and campaigning nationwide.
T[HE] P[RESIDENT]. Actually, I think what is going to
happen is the 13th candidate will be running with
specific groups.
S[ENATOR] T[ATAD]. Yes. Whoever gets No. 13.
T[HE] P[RESIDENT]. I think we can specifically define
that as the intent of this resolution.
S[ENATOR] T[ATAD]. Subject to style, we accept that
amendment and if there will be no other amendment, I
move for the adoption of this resolution.
xxxx
465
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 31/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
466
A Word to COMELEC
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 32/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
DISSENTING OPINION
PUNO, J.:
I. Facts
The facts are undisputed. In February 2001, a Senate seat
for a term expiring on June 30, 2004 was vacated with the
appointment of then Senator Teofisto Guingona, Jr. as
Vice-President of the Philippines. The Senate adopted
Resolution No. 84 certifying “the existence of a vacancy in
the Senate and calling the Commission on Elections
(COMELEC) to fill up such vacancy through election to be
held simultaneously with the regular election on May 14,
2001, and the senatorial candidate garnering the
thirteenth (13th) highest number of votes shall serve only
for the unexpired term of former Senator Teofisto T.
Guingona, Jr.” In the deliberations of the Senate on the
resolution, the body agreed that the procedure it adopted
for determining the winner in the special election was for
the “guidance” and “implementation” of the COMELEC.
The COMELEC had no discretion to alter the procedure.
Nobody filed a certificate of candidacy to fill the position
of senator to serve the unexpired three-year term in the
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 33/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
468
469
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 35/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
470
rately tallied from the votes1 for the candidates for the eight Senate
seats with six-year term . . . (emphases supplied)
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 36/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
II. Issues
The issues for resolution are procedural and substantive. I
shall limit my humble opinion to the substantive issue of
whether a special election for the single Senate seat with a
three-year term was validly held simultaneous with the
general elections on May 14, 2001.
_______________
471
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 37/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 38/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
474
_______________
475
_______________
476
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 43/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
477
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 44/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
478
_______________
every legislative district must be represented by at least three per centum of the
registered voters therein.
Sec. 3. The Congress shall enact a local government code which shall provide for a
more responsive and accountable local government structure instituted through a
system of decentralization with effective mechanisms of recall, initiative, and
referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, elections,
appointment and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation of the
local units.
Section 69. By Whom Exercised. The power of recall for loss of confidence shall be
exercised by the registered voters of a local government unit to which the local
elective official subject to recall belongs.
After the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning Military Bases, foreign
military bases, troops, of facilities shall not be allowed in the Philippines except
under a treaty duly concurred in by the Senate and, when Congress so requires,
ratified by a majority of the votes cast by the people in a national referendum held
for that purpose, and recognized as a treaty by the other contracting state.
479
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 46/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 47/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
480
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 48/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
democracy?
MR. AZCUNA. That is right.
MR. SARMIENTO. So, why do we not retain the old
formulation under the 1973 and 1935 Constitutions
which used the words “republican state” because
“republican state” would refer to a democratic state
where people choose their representatives?
_______________
25 Id., p. 735.
26 Id., p. 752.
481
A. Theory
The electoral process is one of the linchpins of a democratic
and republican framework because it is through28 the act of
voting that government by consent is secured. Through
the ballot, people express their will on the defining issues
29
of the day and they are able to choose their leaders in
accordance with the fundamental principle of
representative democracy that the people 30
should elect
whom they please to govern them. Voting has an
important instrumental value in preserving the viability of
31
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 49/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
31
constitutional democracy. It has traditionally 32been taken
as a prime indicator of democratic participation.
The right to vote or of suffrage is “an important political
right appertaining to citizenship. Each individual
33
qualified
to vote 34is a particle of popular sovereignty.” In People v.
Corral, we held that
_______________
27 Id., p. 769.
28 Bogdanor, V. and Butler, D., Democracy and Elections Electotal
Systems and their Political Consequences (1983), p. 1 See also Dissenting
Opinion of Justice Bernardo Pardo in Akbayan-Youth v. Commission on
Elections, 355 SCRA 318 (2001), p. 359.
29 Baradat, L., supra, p. 134.
30 U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995).
31 Stephens, O. and Scheb, J. II, supra, p. 816.
32 Beetham, ed., Defining and Measuring Democracy (1994), p. 48.
33 Santos v. Paredes (1937).
34 62 Phil. 945, 948 (1936).
482
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 50/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
483
_______________
484
sor, but his decision is not absolute. Among the criteria for
choosing a sultan were age, blood, wealth, fidelity49 to
Islamic faith and exemplary character or personality. In
times of crises, the community may choose its leader
voluntarily, irrespective of social status. By consensus of
the community, a serf or slave may be voted the chief on
account of his ability.
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 52/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
485
54
1907 under the first Philippine Election Law, Act No.
1582, which took effect on January 15, 1907. This law was
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 53/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
Section 4. It shall be the obligation of every citizen qualified to vote to register and
cast his vote.
Section 1, Article V of the 1973 Constitution provides, viz.:
Section 1. Suffrage shall be exercised by all citizens of the Philippines not
otherwise disqualified by law . . .
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 54/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
1. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives;
486
61
nant on Civil and Political Rights also protect the right of
suffrage.
_______________
(Every citizen shall have the right and opportunity without any of the distinctions
mentioned in Art. 2 (race, color, sex, language, religion, opinion, property, birth,
etc.) and without reasonable 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
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.
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 55/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
487
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 56/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
488
67
effectual guardian of every other right . . . .” Thus, the
United States, a representative democracy, has generally
subscribed to the notion that public information and
participation are requirements for a representative
democracy where the electorate make informed choices.
The First Amendment to the U.S. Constitution, which
establishes freedom of the press and speech supports this
proposition. The First Amendment’s jealous protection of
free expression is largely based on the ideas that free and
open debate will generate truth and that only68
an informed
electorate can create an effective democracy.
The First Amendment reflects the Frames’ belief that
public participation in government is inherently positive.
An informed citizenry is a prerequisite to meaningful
participation in government. Thus, the U.S. Congress
embraced this principle more concretely with the passage
69
of the Freedom of Information Act of 1966 (FOIA). The
law enhanced public access to and understanding of the
operation of federal agencies with respect to both the
information
70
held by them and the formulation of public
policy. In the leading case 71
on the FOIA, Environmental
Protection Agency v. Mink, Justice Douglas, in his dissent,
emphasized that the philosophy of the statute is the
citizens’ right
72
to be informed about “what their government
73
is up to.” In Department of Air Force v. Rose, the U.S.
Supreme Court acknowledged that the basic purpose of the
FOIA is “to open agency action to the light of public
scrutiny. These rulings were reiterated in the 1994 case of
Department of Defense,
74
et al. v. Federal Labor Relations
Authority, et al. Be that as it may, the U.S. Supreme
Court characterized this
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 57/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
489
_______________
490
held that “(t)he State may not, consistently with the spirit
of the First Amendment, contract the spectrum of available
knowledge.” The Court noted that “the right to receive ideas
is a necessary predicate to the recipient’s meaningful
exercise of his own rights of speech, press, and political
freedom.” It then cited Madison’s admonition that, “(a)
popular Government, without popular information; or the
means of acquiring it, is but a Prologue to a Farce or a
Tragedy; or, perhaps both. Knowledge will forever govern
ignorance: And a people who mean to be their own
Governors, must 88arm themselves with the power which
knowledge gives.”
The U.S. Supreme Court has reiterated, in various
contexts, the idea that “the Constitution
89
protects the right
90
to receive information and ideas.” Kleindienst v. Mandel
acknowledged a First Amendment right to receive
information but deferring to Congress’ ple-
_______________
491
nary power
91
to exclude aliens. Lamont v. Postmaster
General invalidated a statutory requirement that foreign
mailings of “communist political propaganda” be delivered
only upon 92
request by the addressee. Martin v. City of
Struthers invalidated a municipal ordinance forbidding
door-to-door distribution of handbills as violative if the
First Amendment
93
rights of both the recipients and the
distributors.
Whether the “right to know” is based on a statutory
right provided by the FOIA or a constitutional right
covered by the First Amendment, the underlying premise is
that an informed people is necessary for a sensible exercise
of the freedom of speech, which in turn, is necessary to a
meaningful exercise of the right to vote in a working
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 60/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
492
Those who won our independence believed that the final end of
the state was to make men free to develop their faculties, and that
in its government the deliberative forces should prevail over the
arbitrary. They valued liberty both as an end and as a means.
They believed liberty to be the secret of happiness and courage to
be the secret of liberty. They believed that freedom to think as you
will and to speak as you think are means indispensable to the
discovery and spread of political truth; that without free speech
and assembly discussion would be futile; that with them,
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 61/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
493
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 62/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
494
101
tory limitations. The 1973 Constitution thus provided in
Section 6, Article IV, viz.:
_______________
495
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 64/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 65/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
496
Sec. 24. The State recognizes the vital role of communication and
information in nation-building. (emphasis supplied).
Sec. 10. The State shall provide the policy environment for the full
development of Filipino capability and the emergence of
communication structures suitable to the needs and aspirations of
the nation and the balanced flow of information into, out of, and
across the country, in accordance with a policy that respects the
freedom of speech and of the press. (emphasis supplied)
_______________
497
This is not the first time that the Court is confronted with a
controversy directly involving the constitutional right to
information. In Tañada v. Tuvera, G.R. No. 63915, April 24, 1985,
136 SCRA 27 (involving the need for adequate notice to the public
of the various laws which are to regulate the actions and conduct
of citizens) and in the recent case of Legaspi v. Civil Service
Commission, G.R. No. 72119, May 29, 1987, 150 SCRA 530
(involving the concern of citizens to ensure that government
positions requiring civil service eligibility are occupied only by
persons who are eligibles), the Court upheld the people’s
constitutional right to be informed of matters of public interest and
ordered the government agencies concerned to act as prayed for
by the petitioners.
x x x x x x x x x
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 67/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
498
112
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 68/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
112
The Court made a similar ruling in Gonzales v. Narvasa
which involved the petitioner’s request addressed to
respondent Executive Secretary Ronaldo B. Zamora for the
“names of the executive officials holding multiple positions
in government, copies of their appointments, and a list of
the recipients of luxury vehicles seized by the Bureau
113
of
Customs and turned over to Malacañang.” The
respondent was ordered to furnish the petitioner the
information requested. The Court held, viz.:
_______________
499
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 69/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
500
501
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 71/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 72/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
119 158 ALR 1183-84 (1945). See also Wilson v. Brown, 58 S.W. 595 (1900) and
State ex rel.Bryant v. Maxwell, 189 Tenn. 187, 224 S.W. 2d 833 (1949).
120 10 Colo App 472, 51 P 530 (1897).
502
_______________
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 73/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
503
_______________
504
_______________
505
_______________
506
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 77/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
clean and free elections, the police, local officials and COMELEC
should lean in favor of freedom. For in the ultimate analysis, the
freedom of the citizen and the State’s power to regulate are not
antagonistic. There can be no free and honest elections if in the
efforts to maintain them, the freedom to speak and the right to
know are unduly curtailed.
x x x x x x x x x
. . . we have to consider the fact that in the posting of decals
and stickers on cars and other moving vehicles, the candidate
needs the consent of the owner of the vehicle. In such a case, the
prohibition would not only deprive the owner who consents to
such posting of the decals and stickers the use of his property but
more important, in the process, it would deprive the citizen of his
right to free speech and information:
_______________
133 207 SCRA 712, 716-717, 721 (1992). See also ABS-CBN
Broadcasting Corporation v. Commission on Elections, 323 SCRA 811
(2000).
134 289 SCRA 337 (1998).
507
135
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 78/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
135
matters of public concern shall be recognized . . .’ (emphasis
supplied)
_______________
508
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 80/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
Section 87. x x x
Public Forum.—The Commission shall encourage non-political,
nonpartisan private or civic organizations to initiate and hold in
every city and municipality, public for at which all registered
candidates for the
_______________
509
Sec. 6.4. x x x x x x x x x
In all instances, the COMELEC shall supervise the use and
employment of press, radio and television facilities insofar as the
placement of political advertisements is concerned to ensure that
candidates are given equal opportunities under equal
circumstances to make known their qualifications and their stand
on public issues within the limits set forth in the Omnibus
Election Code and Republic Act No. 7166 on election spending.
(emphasis supplied)
x x x x x x x x x
(b) The official ballot shall also contain the names of all the
officers to be voted for in the election, allowing opposite the name
of each office, sufficient space or spaces with horizontal lines where
the voter may write the name or names of individual candidates
voted for by him.
511
_______________
512
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 84/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 87/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 88/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 89/93
5/18/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 420
518
_______________
519
520
——o0o——
www.central.com.ph/sfsreader/session/000001797d119e4d91abb446003600fb002c009e/t/?o=False 93/93