tolentino vs. comelec voters standing TOLENTINO & MOJICA vs. COMELEC, RECTO & HONASAN G.R. No.

. 148334 January 21, 2004 This is a petition for prohibition to set aside Resolution No. NBC 01-005 dated 5 June 2001 (Resolution No. 01-005) and Resolution No. NBC 01-006 dated 20 July 2001 (Resolution No. 01-006) of respondent Commission on Elections (COMELEC). Resolution No. 01-005 proclaimed the 13 candidates elected as Senators in the 14 May 2001 elections while Resolution No. 01-006 declared official and final the ranking of the 13 Senators proclaimed in Resolution No. 01-005. Facts: Following the appointment of Senator Teofisto Guingona as Vice-President of the Philippines, the Senate on February 8, 2001 passed Resolution No. 84, calling on COMELEC to fill the vacancy through a special election to be held simultaneously with the regular elections on May 14, 2001. Twelve senators, with 6-year term each, were due to be elected in that election. The resolution further provides that the Senatorial candidate garnering the 13th highest number of votes shall serve only for the unexpired term of former Senator Teofisto Guingona, Jr. which ends on June 30, 2004. On June 5, 2001, after canvassing the election results, the COMELEC proclaimed 13 candidates as the elected Senators, with the first 12 Senators to serve the unexpired term of 6 years and the 13th Senator to serve the full term of 3 years of Senator Teofisto Guingona, Jr. Gregorio Honasan ranked 13th. Petitioners Arturo Tolentino and Arturo Mojica, as voters and taxpayers, filed the instant petition

for prohibition, praying for the nullification of Resolution No. 01-005. They contend that COMELEC issued Resolution 01-005 without jurisdiction because: (1) it failed to notify the electorate of the position to be filled in the special election as required under Section 2 of RA 6645; (2) it failed to require senatorial candidates to indicate in their certificates of candidacy whether they seek election under the special or regular elections as allegedly required under Section 73 of BP 881; and, consequently, (3) it failed to specify in the Voters Information Sheet the candidates seeking election under the special or regular senatorial elections as purportedly required under Section 4, paragraph 4 of RA 6646. Tolentino and Mojica 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 a single election for thirteen seats, irrespective of term. Tolentino and Mojica sought the issuance of a temporary restraining order during the pendency of their petition. Without issuing any restraining order, the Supreme Court required COMELEC to Comment on the petition. Honasan questioned Tolentinos and Mojica's standing to bring the instant petition as taxpayers and voters because they do not claim that COMELEC illegally disbursed public funds; nor claim that they sustained personal injury because of the issuance of Resolutions 01-005 and 01-006. Issue: WON the Special Election held on May 14, 2001 should be nullified: (1) for failure to give notice by the body empowered to and (2) for not following the procedure of filling up the vacancy pursuant to R.A. 6645. Decision:

WHEREFORE, we DISMISS the petition for lack of merit. Ratio Decidendi: (1) 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. The test in determining the validity of a special election in relation to the failure to give notice of the special election is whether want of notice has resulted in misleading a sufficient number of voters as would change the result of 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 vacancy, a choice by small percentage of voters would be void. (2) There is no basis in the petitioners claim that the manner by which the COMELEC conducted the special Senatorial election on May 14, 2001 is a nullity because the COMELEC failed to document separately the candidates and to canvass separately the votes cast for the special election. No such requirement exists in our election laws. What is mandatory under Section 2 of R.A. 6645 is that the Significantly, the method adopted by the COMELEC in conducting the special election on May 14, 2001 merely implemented the procedure specified by the Senate in Resolution No. 84. Initially, the original draft of said resolution as introduced by Senator Francisco Tatad made no mention of the manner by which the seat vacated by former Senator Guingona would be filled. However, upon the suggestion of Senator Raul Roco, the Senate agreed to amend the resolution by providing as it now appears, that the senatorial cabdidate garnering the 13th highest number of votes shall

serve only for the unexpired term of former Senator Teofisto Giongona, Jr.

Issue: WON the petitioners legal standing should be recognized and upheld (despite the fact that they dont meet the rule on legal standing)

pending the outcome of the 2004 elections. Hence, there can be no serious doubt that the subject matter of this case is "a matter of public concern and imbued with public interest";18 in other words, it is of "paramount public interest"19 and "transcendental importance."20 This fact alone would justify relaxing the rule on legal standing, following the liberal policy of this Court whenever a case involves "an issue of overarching significance to our society."21 Petitioners legal standing should therefore be recognized and upheld. Moreover, this Court has held that taxpayers are allowed to sue when there is a claim of "illegal disbursement of public funds,"22 or if public money is being "deflected to any improper purpose";23 or when petitioners seek to restrain respondent from "wasting public funds through the enforcement of an invalid or unconstitutional law."24 In the instant case, individual petitioners, suing as taxpayers, assert a material interest in seeing to it that public funds are properly and lawfully used. In the Petition, they claim that the bidding was defective, the winning bidder not a qualified entity, and the award of the Contract contrary to law and regulation. Accordingly, they seek to restrain respondents from implementing the Contract and, necessarily, from making any unwarranted expenditure of public funds pursuant thereto. Thus, we hold that petitioners possess locus standi. Ople V. Torres Legislative Standing Facts: The petition at bar is a commendable effort on the part of Senator Blas F. Ople to

ITF vs. Comelec Taxpayers standing Ruling: YES Facts: Rationale: On January 24, 2003, President Gloria Macapagal-Arroyo issued Executive Order No. 172, which allocated the sum of P2.5 billion to fund the AES for the May 10, 2004 elections. Upon the request of Comelec, she authorized the release of an additional P500 million. On January 28, 2003, the Commission issued an "Invitation to Apply for Eligibility and to Bid," On May 29, 2003, five individuals and entities (including the herein Petitioners Information Technology Foundation of the Philippines, represented by its president, Alfredo M. Torres; and Ma. Corazon Akol) wrote a letter14 to Comelec Chairman Benjamin Abalos Sr. They protested the award of the Contract to Respondent MPC "due to glaring irregularities in the manner in which the bidding process had been conducted." Citing therein the noncompliance with eligibility as well as technical and procedural requirements (many of which have been discussed at length in the Petition), they sought a rebidding. In a letter-reply dated June 6, 2003,15 the Comelec chairman -- speaking through Atty. Jaime Paz, his head executive assistant -- rejected the protest and declared that the award "would stand up to the strictest scrutiny." Our nations political and economic future virtually hangs in the balance, On the other hand, petitioners -- suing in their capacities as taxpayers, registered voters and concerned citizens -- respond that the issues central to this case are "of transcendental importance and of national interest." Allegedly, Comelecs flawed bidding and questionable award of the Contract to an unqualified entity would impact directly on the success or the failure of the electoral process. Thus, any taint on the sanctity of the ballot as the expression of the will of the people would inevitably affect their faith in the democratic system of government. Petitioners further argue that the award of any contract for automation involves disbursement of public funds in gargantuan amounts; therefore, public interest requires that the laws governing the transaction must be followed strictly. Respondents chorus that petitioners do not possess locus standi, inasmuch as they are not challenging the validity or constitutionality of RA 8436. Moreover, petitioners supposedly admitted during the Oral Argument that no law had been violated by the award of the Contract. Furthermore, they allegedly have no actual and material interest in the Contract and, hence, do not stand to be injured or prejudiced on account of the award.

prevent the shrinking of the right to privacy, which the revered Mr. Justice Brandeis considered as "the most comprehensive of rights and the right most valued by civilized men." Petitioner Ople prays that we invalidate Administrative Order No. 308 entitled "Adoption of a National Computerized Identification Reference System" on two important constitutional grounds, viz: (1) it is a usurpation of the power of Congress to legislate, and (2) it impermissibly intrudes on our citizenry's protected zone of privacy. We grant the petition for the rights sought to be vindicated by the petitioner need stronger barriers against further erosion. A.O. No. 308 was published in four newspapers of general circulation on January 22, 1997 and January 23, 1997. On January 24, 1997, petitioner filed the instant petition against respondents, then Executive Secretary Ruben Torres and the heads of the government agencies, who as members of the Inter-Agency Coordinating Committee, are charged with the implementation of A.O. No. 308. On April 8, 1997, we issued a temporary restraining order enjoining its implementation. Issue: WON the petitioner has the stand to assail the validity of A.O. No. 308 Ruling: YES Rationale:

relating to the standing to sue of the petitioner and the justiciability of the case at bar. More specifically, respondents aver that petitioner has no legal interest to uphold and that the implementing rules of A.O. No. 308 have yet to be promulgated.These submissions do not deserve our sympathetic ear. Petitioner Ople is a distinguished member of our Senate. As a Senator, petitioner is possessed of the requisite standing to bring suit raising the issue that the issuance of A.O. No. 308 is a usurpation of legislative power.
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constitutionality. In this light, the dissenters insistence that we tighten the rule on standing is not a commendable stance as its result would be to throttle an important constitutional principle and a fundamental right.

As taxpayer and

member of the Government Service Insurance System (GSIS), petitioner can also impugn the legality of the misalignment of public funds and the misuse of GSIS funds to implement A.O. No. 308. The ripeness for adjudication of the Petition at bar is not affected by the fact that the implementing rules of A.O. No. 308 have yet to be promulgated. Petitioner Ople assails A.O. No. 308 as invalid per se and as infirmed on its face. His action is not premature for the rules yet to be promulgated cannot cure its fatal defects. Moreover, the respondents themselves have started the implementation of A.O. No. 308 without waiting for the rules. As early as January 19, 1997, respondent Social Security System (SSS) caused the publication of a notice to bid for the manufacture of the National Identification (ID) card. Respondent Executive Secretary Torres has publicly announced that representatives from the GSIS and the SSS have completed the guidelines for the national identification system. All signals from the respondents show

As is usual in constitutional litigation, respondents raise the threshold issues

their unswerving will to implement A.O. No. 308 and we need not wait for the formality of the rules to pass judgment on its