BANAT v.

COMELEC August 7, 2009 Facts: This is a petition for Prohibition with a prayer for the issuance of a temporary restraining order or a writ of preliminary injunction filed by petitioner Barangay Association for National Advancement and Transparency (BANAT) Party List (petitioner) assailing the constitutionality of epublic Act No! "#$" ( A "#$")and enjoining respondent %ommission on &lections (%'(&L&%) from implementing the statute! A "#$" is a consolidation of )enate Bill No! **#+ and ,ouse Bill No! -#-* passed by the )enate on . /ecember *00$ and the ,ouse of epresentatives on +" /ecember *00$!'n *# 1anuary *00.2 less than four months before the +3 (ay *00. local elections! 'n . (ay *00.2 petitioner2 a duly accredited multi4sectoral organi5ation2 filed this petition for prohibition alleging that A "#$" violated )ection *$(+)2 Article 67 of the %onstitution!Petitioner also assails the constitutionality of )ections #32 #.2 #82 and 3# of A "#$"!According to petitioner2 these provisions are of 9uestionable application and doubtful validity for failing to comply with the provisions of the %onstitution! Petitioner argues the following: +! the title of A "#$" is misleading because it spea;s of poll automation but contains substantial provisions dealing with the manual canvassing of election returns!Petitioner also alleges that )ections #32 #.2 #82 and 3#are neither embraced in the title nor germane to the subject matter of A "#$"! *! )ections #. and #8 violate the %onstitution by impairing the powers of the Presidential &lectoral Tribunal (P&T) and the )enate &lectoral Tribunal ()&T)!According to petitioner2 under the amended provisions2 %ongress as the National Board of %anvassers for the election of President and 6ice President (%ongress)2 and the %'(&L&%en banc as the National Board of %anvassers (%'(&L&% en banc)2 for the election of )enatorsmay now entertain pre4proclamation cases in the election of the President2 6ice President2 and )enators!Petitioner concludes that in entertaining pre4 proclamation cases2 %ongress and the %'(&L&% en banc undermine the independence and encroach upon the jurisdiction of the P&T and the )&T! #! )ection 3# is unconstitutional because it gives the other prosecuting arms of the government concurrent power with the %'(&L&% to investigate and prosecute election offenses! 3! section #3 which fi<es the per diem of poll watchers of the dominant majority and dominant minority parties at Pon election day!Petitioner argues that this violates the freedom of the parties to contract and their right to fi< the terms and conditions of the contract they see as fair2 e9uitable and just! Petitioner adds that this is a purely private contract using private funds which cannot be regulated by law! Issue/s: =hether or not A "#$" is unconstitutional! 4)ections #. and #8 violate )ection +.2 Article 67 and Paragraph .2 )ection 32 Article 677 of the %onstitution>

4)ection 3# violates )ection *($)2 Article 7?4% of the %onstitution 4)ection #3 violates )ection +02 Article 777 of the %onstitution Ruli g: The petition is denied! A "#$" is constitutional! +! A "#$" is an amendatory act entitled An Act Amending epublic Act No! 83#$2 &ntitled An Act Authori5ing the %ommission on &lections to @se an Automated &lection )ystem in the (ay ++2 +""8 National or Local &lections and in )ubse9uent National and Local &lectoral &<ercises2 to &ncourage Transparency2 %redibility2 Aairness and Accuracy of &lections2 Amending for the Purpose Batas Pambansa Blg! 88+2 as Amended2 epublic Act No! .+$$ and 'ther elated &lection Laws2 Providing Aunds Therefor and Aor 'ther Purposes!%learly2 the subject matter of A "#$" covers the amendments to A 83#$2 Batas Pambansa Blg! 88+ (BP 88+)2 epublic Act No! .+$$ ( A .+$$)2and other related election laws to achieve its purpose of promoting transparency2 credibility2 fairness2 and accuracy in the elections!The provisions of A "#$" assailed by petitioner deal with amendments to specific provisions of A .+$$ and BP 88+2 specifically: (+) )ections #32 #. and #8 amend )ections *$2 #0 and +- of A .+$$2 respectively> and(*) )ection 3# of A "#$" amends )ection *$- of BP 88+!Therefore2 the assailed provisions are germane to the subject matter of A "#$" which is to amend A .+$$ and BP 88+2 among others! *! The %'(&L&% maintains that the amendments introduced by )ection #. pertain only to the adoption and application of the procedures on pre4proclamation controversies in case of any discrepancy2 incompleteness2 erasure or alteration in the certificates of canvass! The %'(&L&% adds that )ection #. does not provide that %ongress and the %'(&L&% en bancmay now entertain pre4proclamation cases for national elective posts! #! )ection *($)2 Article 7?4% of the %onstitution vests in the %'(&L&% the power to investigate and2 where appropriate2 prosecute cases of violations of election laws2 including acts or omissions constituting election frauds2 offenses2 and malpractices! %'(&L&% has the e<clusive power to conduct preliminary investigations and prosecute election offenses2 it li;ewise authori5es the %'(&L&% to avail itself of the assistance of other prosecuting arms of the government! 7n the +""# %'(&L&% ules of Procedure2 the authority of the %'(&L&% was subse9uently 9ualified and e<plained! 3! The ')B argues that petitioner erroneously invo;ed the non4impairment clause because this only applies to previously perfected contracts!7n this case2 there is no perfected contact and2 therefore2 no obligation will be impaired! Both the %'(&L&% and the ')B argue that the law is a proper e<ercise of police power and it will prevail over a contract!According to the %'(&L&%2 poll watching is not just an ordinary contract but is an agreement with the solemn duty to ensure the sanctity of votes!The role of poll watchers is vested with public interest which can be regulated by %ongress in the e<ercise of its police power!The ')B further argues that the assurance that the poll watchers will receive fair and e9uitable compensation promotes the general welfare!The ')B also states that this was a reasonable regulation considering that the dominant majority and minority parties will secure a copy of the election returns and are given the right to assign poll watchers inside the polling precincts!

N!te/s: +! )ection #3 which provides: )&%! #3! )ec! *$ of epublic Act No! .+$$ is hereby amended to cralawread as follows:

discrepancy in the votes of any candidate in words and figures in the certificate> and (3) there e<ist no discrepancy in the votes of any candidate in words and figures in the certificates of canvass against the aggregate number of votes appearing in the election returns of precincts covered by the certificate of canvass: Provided2 That certified print copies of election returns or certificates of canvass may be used for the purpose of verifying the e<istence of the discrepancy! =hen the certificate of canvass2 duly certified by the board of canvassers of each province2 city of district2 appears to be incomplete2 the )enate President or the %hairman of the %ommission2 as the case may be2 shall re9uire the board of canvassers concerned to transmit by personal delivery2 the election returns form polling places that were not included in the certificate of canvass and supporting statements! )aid election returns shall be submitted by personal delivery within two (*) days from receipt of notice! =hen it appears that any certificate of canvass or supporting statement of votes by cityCmunicipality or by precinct bears erasures or alteration which may cast doubt as to the veracity of the number of votes stated herein and may affect the result of the election2 upon re9uested of the presidential2 vice presidential or senatorial candidate concerned or his party2 %ongress or the %ommission en banc2 as the case may be shall2 for the sole purpose of verifying the actual number of votes cast for president2 vice president or senator2 count the votes as they appear in the copies of the election returns submitted to it! 7n case of any discrepancy2 incompleteness2 erasure or alteration as mentioned above2 the procedure on pre4proclamation controversies shall be adopted and applied as provided in )ection +.2+82+" and *0! Any person who present in evidence a simulated copy of an election return2 certificate of canvass or statement of votes2 or a printed copy of an election return2 certificate of canvass or statement of votes bearing a simulated certification or a simulated image2 shall be guilty of an election offense shall be penali5ed in accordance with Batas Pambansa Blg! 88+! cralaw )ection #8 which provides:

)&%! *$! 'fficial =atchers! 4 &very registered political party or coalition of political parties2 and every candidate shall each be entitled to one watcher in every polling place and canvassing center: Provided That2 candidates for the )angguniang Panlalawigan2 )angguniang Panlunsod2 or )angguniang Bayan belonging to the same slate or tic;et shall collectively be entitled to only one watcher! The dominant majority party and dominant minority party2 which the %ommission shall determine in accordance with law2 shall each be entitled to one official watcher who shall be paid a fi<ed per diem of four hundred pesos (300!00) There shall also recogni5ed si< principal watchers2 representing the si< accredited major political parties e<cluding the dominant majority and minority parties2 who shall be designated by the %ommission upon nomination of the said parties! These political parties shall be determined by the %ommission upon notice and hearing on the basis of the following circumstances: (a) The established record of the said parties2 coalition of groups that now composed them2 ta;ing into account2 among other things2 their showing in past election> (b) The number of incumbent elective officials belonging to them ninety cralaw("0) days before the date of election> (c) Their identifiable political organi5ations and strengths as evidenced by their organi5edCchapters> (d) The ability to fill a complete slate of candidates from the municipal level to the position of President> and (e) 'ther analogous circumstances that may determine their relative organi5ations and strengths! )ection #. which provides:

#8! )ection +- of )&%! #.!)ection #0 of epublic Act No! .+$$ is hereby amended to read as follows: )&%! #0! %ongress as the National Board of %anvassers for the &lection of President and 6ice President: The %ommission en banc as the National Board of %anvassers for the election of senators: /etermination of Authenticity and /ue &<ecution of %ertificates of %anvass! %ongress and the %ommission en banc shall determine the authenticity and due e<ecution of the certificate of canvass for president and vice president and senators2 respectively2 as accomplished and transmitted to it by the local boards of canvassers2 on a showing that: (+) each certificate of canvass was e<ecuted2 signed and thumbmar;ed by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to %ongress by them> (*) each certificate of canvass contains the names of all of the candidates for president and vice president or senator2 as the case may be2 and their corresponding votes in words and their corresponding votes in words and in figures> (#) there e<its no discrepancy in other authentic copies of the certificates of canvass or any of its supporting documents such as statement of votes by cityCmunicipalityCby precinct or

epublic Act No! .+$$ is hereby amended to read as follows:

+-! Pre4proclamation %ases in &lections for President2 6ice President2 )enator2 and (ember of the ,ouse of epresentatives! 4 Aor purposes of the elections for president2 vice president2 senator2 and member of the ,ouse of epresentatives2 no pre4proclamation cases shall be allowed on matters relating to the preparation2 transmission2 receipt2 custody and appreciation of election returns or the certificates of canvass2 as the case may be2 e<cept as provided for in )ection #0 hereof!,owever2 this does not preclude the authority of the appropriate canvassing body motu proprio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it! Duestions affecting the composition or proceedings of the board ofcanvassers may be initiated in the board or directly with the %ommission in accordance with )ection +" hereof! Any objection on the election returns before the city or municipal board of canvassers2 or on the

municipal certificates of canvass before the provincial board of canvassers or district board of canvassers in (etro (anila Area2 shall be specifically noticed in the minutes of the respective proceedings! )ection 3# which provides: 3#! )ection *$- of Batas Pambansa Blg! 88+ is hereby amended to read as follows: )&%! *$-! Prosecution! The %ommission shall2 through its duly authori5ed legal officers2 have the power2 concurrent with the other prosecuting arms of the government2 to conduct preliminary investigation of all election offenses punishable under this %ode2 and to prosecute the same!