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ELECTION LAWS
OF THE PHILIPPINES
Full Text
 





This web page contains the full text of
ACCREDITATION OF CITIZENS' ARM
COMELEC RESOLUTION ON PPCRV'S PETITION FOR ACCREDITATION AS CITIZENS' ARM OF THE COMMISSION ON ELECTIONS TO PERFORM VOTER'S EDUCATION AND POLL WATCHING FUNCTIONS IN CONNECTION WITH THE ELECTIONS ON MAY 14, 2001.
 
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ACCREDITATION OF NAMFREL AS CITIZENS' ARM
COMELEC RESOLUTION [APRIL 05, 2001] ON THE PETITION FOR ACCREDITATION AS CITIZENS' ARM OF THE COMMISSION ON ELECTIONS TO CONDUCT AN OPERATION QUICK COUNT (OQC) IN CONNECTION WITH THE ELECTIONS ON MAY 14, 2001.
COMELEC RESOLUTION
COMELEC RESOLUTION ON PPCRV'S PETITION FOR ACCREDITATION AS CITIZENS' ARM OF THE COMMISSION ON ELECTIONS TO PERFORM VOTER'S EDUCATION AND POLL WATCHING FUNCTIONS IN CONNECTION WITH THE ELECTIONS ON MAY 14, 2001.
 
 
Republic of the Philippines
COMMISSION ON ELECTIONS
Manila
EN BANC

 
 

Republic of the Philippines
Commission on Elections
Intramuros, Manila
EN BANC

 

In the Matter of the Accreditation as
Citizen’s Arm of the Commission,
PARISH PASTORAL COUNCIL FOR
RESPONSIBLE VOTING (PPCRV),                     SPP No. 01-005
                    Petitioner.

x ---------------------------------------------- x
 

Promulgated:chanroblesvirtuallawlibrary
08 March 2001
 
RESOLUTION
 
 
LANTION, R.C. Commissioner:chanroblesvirtuallawlibrary
 
In an undated petition verified by its National Chairman Haydee B. Yorac on January 22, 2001, and filed with this Commission on January 23, 2001, Petitioner Parish Pastoral Council for Responsible Voting (PPCRV) prays for its accreditation as citizen’s arm of the Commission for the forthcoming national and local elections on May 14, 2001, to perform voter education and poll watching functions.

The petition alleges, inter alia:chanroblesvirtuallawlibrary

    1.  That PPRCV is a bonafide non-partisan association duly organized by and composed of civic minded citizens drawn from the various sectors of Philippine society with offices at Room 306, Pius XII Catholic Center, 1175 United Nations Avenue, where it may receive summons, notices, orders and incidental processes in connection with this Petition;
     
    2.  That Petitioner herein has a national constituency, with chapters which are operational in all provinces, cities and municipalities throughout the country which carry out the orders, instructions and/or directives promulgated by a National Executive Board;
     
    3.  That in the past elections since the synchronized National Elections on 11 May 1992, including the Barangay Elections of 1994 and 1997, the 1993 Special Elections for Governor of Bataan, the 1994 Special Election for Congressman of the Second District of Rizal; the 1995 National and Local Elections; the 1997 Recall Election in Kalookan City; the General and Continuing Registration; and the 1998 National and Local Elections; the 1999 Regional Elections in the Autonomous Region in Muslim Mindanao; the Plebiscite on the creation of the City of Novaliches on October 1999; and the Recall Elections for the City Mayor of Pasay City on 15 April 2000, Petitioner herein consistently applied for all and was granted accreditation as a citizen’s arm of this Honorable Commission in all aforesaid electoral exercises;
     
    4.  That consistent with its avowed commitment to the cause of clean, honest, peaceful credible elections in this country, Petitioner herein seeks to be accredited anew as a citizen’s arm of the Commission for the forthcoming National and Local Elections on May 2001 to perform specifically voter’s education and poll watching functions within the areas where parishes are existing;
     
    5.  That the Petitioner’s performance as an accredited citizen’s arm is now a matter of public record and it is upon this record that herein Petitioner relies for its accreditation as citizen’s arm of this Commission for the forthcoming National and Local Elections on May 2001;
     
    6.  That the Petitioner actively participated in the Joint COMELEC-PPCRV Collaboration Planning for the Precinct Mapping, CVL Verification and Authentication of Republic Act 8189 held at Tagaytay City last 6-7 February 1999, cum mobilization conferences held in Zamboanga (12-15 February 1999) and in Cotabato City (19-21February 1999) and in the precinct mapping operations in Maguindanao and Sulu from 8 March to 3 May 1999; the Plebiscite on the creation of the City of Novaliches on 23 October 1999; and the Recall Elections for the City Mayor of Pasay City on 15 April 2000;
     
    7.  That in seeking to be accredited anew as citizen’s arm of the Commission for the forthcoming 2001 National and Local Elections; Petitioner herein reiterates its previous commitments that:chanroblesvirtuallawlibrary
     
      a.  It is not supporting any candidate, political party, organization or coalition of political parties involved in the forthcoming regional elections;
       
      b.  It shall remain strictly non-partisan and impartial during the entire period fixed for the holding of the aforesaid 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 foreigner, whether natural or judicial (sic) ;
       
      d.  It shall not solicit or receive, directly or indirectly, any contribution or aid of whatever form or nature from any foreign government or any of its agencies or instrumentalities; or from any foreigner, whether natural or judicial (sic) ; and
       
      e.  It does not seek to achieve its objectives, goals or programs through violence or other unlawful means; nor propagate any ideology opposed to the principles of a republican and democratic government; and that it will undertake to police its ranks and prevent infiltration of persons or groups of persons who may, directly or indirectly, destroy its character of non-partisanship and impartially.
On January 27, 2001, the Commission issued an order, directing the Petitioner to cause the publication of the petition in a newspaper of general circulation. The hearing of the petition was set on January 31, 2001 at 10:00 A.M.
    1.  Affidavit of publication signed by Oscar R. Castillo, advertising/services manager of Courier, a newspaper of general circulation, published by Philippine Journalists, Inc., dated January 20, 2001, as Exhibit A.
     
    2.  Page 10 of the January 20, 2001 issue of the Courier, as Exhibit A-1.
The factual allegations of the petition are basically substantiated by records available.

In resolving the petition, the Commission has taken into account the Petitioner’s track record particularly its participation in the past electoral exercises, dating back to as early as the synchronized national elections in 1992 and in subsequent similar election-related activities, both local and national. Petitioner has also substantially complied with the requirements prescribed under Rule 33 of the Comelec Rules of Procedure. It should be noted that Petitioner seeks to be accredited anew as a Citizen’s arm of the Comelec for the national and local elections in May 2001, to perform specifically voter’s education and poll watching functions within the areas where parishes are existing (paragraph no. 5, Petition).

Premises Considered, and pursuant to Section 2 (5) of Article IX-C of the Constitution [1] and Section 52 (k) of the Omnibus Election Code, [2] as amended, and other pertinent election laws, petitioner Parish Pastoral Council for Responsible Voting (PPCRV) is hereby accredited as Citizen’s arm of the Commission under the latter’s direct and immediate control and supervision in the national and local elections on May 14, 2001 to perform voter’s education and poll watching functions in the areas where parishes are existing.

Petitioner is accordingly charged and conferred the following duties, responsibilities and functions:chanroblesvirtuallawlibrary

    1.  Conduct poll watching functions in the precincts, render assistance to voters, and in the canvassing of voters; and
     
    2.  Assist the Commission in voter’s education campaign in municipalities, provinces and cities where parishes are existing.
The accreditation herein granted is subject to the condition that Petitioner shall:chanroblesvirtuallawlibrary
    a.  be under the direct and immediate control of the Commission;
     
    b.  comply with all lawful orders of the Commission in the performance of the specific functions and activities assigned by the Commission;
     
    c.  be non-partisan and impartial during the election period;
     
    d.  not to be under the influence whatsoever of any foreign government, 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 government;
     
    e.  undertake to police its ranks and prevent infiltration by persons or group of persons who may, directly or indirectly, destroy its character of impartiality;
     
    f.  submit to the Commission a list of officials and other officers constituting its board and any changes therein shall be effective only after approval thereof by the Commission;
     
    g.  make available to the Commission Petitioner’s personnel, facilities, equipment, papers and effects;
     
    h.  coordinate activities with other accredited Citizen’s arm of the Commission; and
     
    i.  submit a weekly written report of its operations during the period of the May 14, 2001 elections.
This accreditation shall be deemed automatically revoked in case of violation of any of the conditions heretofore set forth.

The Executive Director in coordination with the Clerk of Court, both of the Commission, is directed to implement this Resolution, immediately upon promulgation hereof, furnishing copies 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.) ALFREDO L. BENIPAYO, Chairman
(Sgd.) LUZVIMINDA G. TANCANGCO, Commissioner
(Sgd.) RUFINO S.B. JAVIER, Commissioner
(Sgd.) RALPH C. LANTION, Commissioner
(Sgd.) MEHOL K. SADAIN, Commissioner
(Sgd.) RESURRECCION Z. BORRA, Commissioner
(Sgd.) FLORENTINO A. TUASON, Jr., Commissioner
    
CERTIFICATION

This is to certify that the conclusions in the foregoing resolutions were reached in consultation before the case was assigned to the writer of the opinion of the Commission (En Banc).

 

(SGD.) ALFREDO L. BENIPAYO, Chairman

 

_________________________________

[1]  Sec. 2. The Commission on Elections shall exercise the following powers and functions:chanroblesvirtuallawlibrary

x x x

(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. (Underscoring supplied)

[2]  Sec. 52. Powers and functions of the Commission on Elections.

x x x

(k) Enlist non-partisan groups or organizations of citizens from the civic, youth, professional, educational, business or labor sectors known for their probity, impartially and integrity with the membership and capability to undertake coordinated operation and activity to assist in the implementation of the provisions of this Code and the resolutions, orders and instructions of the Commission for the purpose of ensuring fee, orderly and honest elections in any constituency. x x x  

 
 
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