Sanggunian ng mga Mag-aaral ng mga

Paaralang Loyola ng Ateneo de Manila

STUDENT JUDICIAL COURT

IN RE: PETITION FOR

DECLARATORY RELIEF

Case No. 2016 c. ____

ATENEO COMMISSION ON ELECTIONS,
Petitioners
x ------------------------------------------------------- x
PETITION

To the Honorable Magistrates of the Student Judicial Court, Petitioner ATENEO

COMMISSION ON ELECTIONS (hereinafter referred to as Ateneo COMELEC for brevity),
counseled by Russell Justin P. Palma, respectfully state that:
1. Ateneo COMELEC is the official electoral body of the Sanggunian. As stated in
Article 12 Section 1.2.2. of the 2016 Constitution, the Commission shall be charged
with the administration and facilitation of the Sanggunian elections, special elections,
plebiscites and/or referenda. In order to fully administer and facilitate said electoral
processes, the Ateneo COMELEC shall also be compelled to create an Electoral Code
that is in full concurrence of the Constitution as stated in Article 12 Section 3 of the
2016 Sanggunian Constitution and shall be the sole interpreter and enforcer of the
said Code to achieve free, honest, and clear elections, plebiscites, and/or referenda.
2. As per Article 6 Section 1 of the 2016 Constitution, Special Elections shall take place
in the event of a vacancy created due to abstention, meaning the abstain votes, as a
result of an election, amounted higher than the candidate/s running for a position.
3. The Commission finds the aforementioned provision above contradictory to the very
nature of abstention for it defeats the very purpose of said action which is to decline
to vote for a certain candidate or motion. Furthermore, as stated in Article 2 Section 4
of the 2016 Constitution, each student of the university has the right to vote members
of the student body into the Sanggunian through a fair and just elections. Fair and just
elections, as understood by the Commission, shall be an election that is a direct result

through the effect of the students right to vote for all choices in the ballot, abstain
being one of the choices, and such results shall be respected and not revoked,
countered nor countermanded in any shape or form. Henceforth, since abstention is an
option in the ballot freely given to the student body, it shall be honored and accepted
if the student body chooses that option and in the event that abstention wins as
pursuant to uphold the constitutional right of the students to a clean, fair, and just
elections. Given that, the provision in Article 6 Section 1 does not fully honour and
respect the students right to abstention as it calls for a special election to
countermand the vacancy created in the Sanggunian, which is a direct result of the
student bodys vote to abstain as it is their constitutional right to vote. To further
substantiate this claim, the petitioners cite the article entitled, Abstention: The
Unexpected Power of Withholding Your Vote. On the nature of abstentions, they
can be seen as an act of protest (Hayden 2010). Furthermore, abstention is also a
way of expressing dissatisfaction with the slated candidates, or in some cases, the
entire political system, (Hayden 2010). The article establishes abstention as a result
of ones protest or expression, as is ones prerogative. The emphasis is then given on
it being forms of protests and expressions since the 1987 Constitution of the Republic
of the Philippines, provides, upholds, and safeguards abstention, given the
aforementioned establishments. The Philippine Constitution states under Section 4 of
its Bill of Rights that, No law shall be passed abridging the freedom of speech, OF
EXPRESSION (authors emphasis), or of the press, or the right of the people
peaceably to assemble and petition the government for redress of grievances. Since
the 2016 Sanggunian Constitution provides that Special Elections must take place in
the event of vacancy due to abstention, it therefore is a direct countermand of the
abstention and does not recognize nor respect it. The 1987 Philippine Constitution
reigns supreme as it also governs the Ateneo community for we are in Philippine
territory after all, hence the 2016 Sanggunian Constitution must be in concurrence
with the Philippine Constitution. In a nutshell, the provision in question is nonconcurrent with the 1987 Philippine Constitution and therefore must have no effect.
The Commission also finds this provision problematic for it does not specify the
duration of the special elections to be held after the conduct of the General/Freshmen
elections. The Commission finds it unreasonable to conduct another set of elections
for positions that are vacant due to abstention because the Commission believes that it
has given the student body ample time to discern whether or not to run for open
positions thus the lack for the need of new candidates. In addition to this, if the
Commission is to conduct special elections with the duration of at least 2 weeks up to
at most 1 month, it shall be unfair for new running candidates for the old candidates
who still decide to run have had the chance to already promote their platforms and
gain awareness amongst the student body. Hence, operationalizing special elections

under such circumstances through the Electoral Code is not feasible nor effectively
doable by the Commission.

4. The Ateneo COMELEC is currently in the process of revising the Electoral Code
which has been prompted by the ratification of the 2016 Sanggunian Constitution. It
is the primary goal of the Commission, therefore, to create a Code that fully adheres
to the provisions stated in the constitution. However, the contradiction that lies within
this provision in the constitution serves as a hindrance to the Ateneo COMELEC in
creating effective and coherent revisions in the Electoral Code.
5. The primary function of the Ateneo COMELEC is to ensure a clean, fair, and just
elections for the student body. Such entails that all electoral processes shall uphold
the students rights and that the Commission be able to devise an Electoral Code that
is in full consonance to the Constitution. If such provision is not nullified, the
Commission fails to uphold its function for the provision is in direct contrast to one of
the students constitutional rights and is in violation of the nature of one of the most
essential options in the electoral processes. Given these circumstances, the
Commission is restrained from incorporating it in the revision of the Electoral Code.
In the event that it is incorporated, it shall result to inconsistencies in the said Code.
6. The Student Judicial Court, as the official judicial arm of the Sanggunian, serves as
the official interpreter of the constitution. Thus, it has the jurisdiction to approve and
question the constitutionality and legality of the provisions stated in the Constitution
and the revisions passed by the Ateneo COMELEC with regards to the Electoral
Code. Only after the decision of the magistrates can the Commission fully incorporate
or do otherwise the provision in question.

PRAYER
WHEREFORE, it is respectfully prayed that this Court grants Petitioner Ateneo
COMELECs petition to nullify Article 6 Section 1 of the 2016 Sanggunian Constitution for it
contradicts the rights of the students that shall be of paramount importance to Ateneo
COMELEC and the Sanggunian.
The petitioner also pleads that this Court nullify the stated provision for it hinders the
Ateneo COMELEC from devising a fully effective and coherent Electoral Code, that is in full
consonance to the constitution, which may possibly result to the delay in the conduct of the
upcoming Sanggunian Elections, and that the stated provision compels COMELEC to undertake

a process which directly goes against the students rights hence possibly compromising the
integrity of COMELEC.
Wherefore, it is lastly prayed that this Court grant any other just relief it may deem fit
given the premises of this petition.
Ateneo De Manila University, 24 August 2016.

MA. PATRICE G. GABITO

Chief Commissioner
Ateneo Commission on Elections
patrice.gabito@obf.ateneo.edu

Russell Justin P. Palma

Legal Counsel
Ateneo Commission on Elections
russell.palma@obf.ateneo.edu