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JACINTO C.M.,
ARANAS,
DEL ROSARIO,
LAGURA,
MEMPIN,
USON MM.
DECISION
The opinion of the Court is delivered by MAGISTRATE DEL ROSARIO and
MAGISTRATE MEMPIN.
THE CASE
[1]
(hereinafter referred to as the Petitioner for brevity) seeking relief from this Court to amend
the 2016 COMELEC Electoral Code (hereinafter referred to as 2016 Code for brevity). The
petition was accepted on 16 August 2016 and subsequently docketed as No. 16-06. The
petition instituted Court Case No. 2016 c. 3.
[2]
In the instant petition, the Petitioner argues that due to the recent ratification of
The 2016 Constitution of the Undergraduate Students of the Ateneo De Manila Loyola Schools
(hereinafter referred to as 2016 Constitution for brevity), the currently in-effect
2016 Code does not adhere to the pertinent revisions introduced in the 2016 Constitution
pertaining to the electoral process.
[3]
The Petitioner states in the petition its urgency as it shall determine the steps
Decision
2016 SJC 3
The Petitioner brings before this Court three reliefs : (1) that this Court grants
the Petition to Amend the Electoral Code ; (2) that this Court conducts an immediate
and sensible deliberation on the petition at hand ; and (3) that this Court grant any other
just relief as it may deem fit given the facts ad arguments stated in the instant petition.
[5]
This Court reaffirms the legal personality of the petitioner to institute this petition,
Section
1.
The
Commission
on
Elections
is
the
Code. -
this
Constitution
shall
supersede
the
This Court also reaffirms the assertion of the petitioner that, as the official judicial arm
of the Sanggunian, this Court has jurisdiction over the approval or rejection of amendments
to the document which the petitioner intends to amend, as provided for in Section 4 of
Article XII of the 2016 Constitution which states :
Section 4. The Board of Commissioners shall review
the Electoral Code for possible amendments every year.
Revisions and amendments made upon the Electoral Code
are subject to the approval of the Student Judicial Court.
[7]
This Court finds merit in the argument presented by the petitioner and unanimously
votes in favor of the petitioners prayer for relief granting them the authority to amend
the 2016 Code.
Decision
2016 SJC 3
On the Need for Court Approval to Amend the COMELEC Electoral Code
[8]
Central to this petition is the question on whether it is necessary for this Court to grant
or reject any such petition for the purpose of amending the 2016 Code, given the premise
that
the
petitioner
is
empowered
by the
same
document
under
Section
of
Article XIV :
ARTICLE XIV
AMENDMENTS
Section 1. Review of Electoral Code. A review of this Code shall be conducted by the Ateneo
COMELEC prior to the next elections for possible clarifications
and/or amendments for the next elections.
[9]
This Court is of the opinion that while the 2016 Code grants the petitioner
[10]
Judicial notice is taken by this Court that the petitioner has used its yearly privilege
to review and introduce revisions and amendments, as seen in the approval of the
2016 Code. However, this Court takes cognizance of the petitioners argument that
the ratification of the 2016 Constitution entails significant changes, particularly in structures
and procedures to be enforced in the Sanggunian Elections, and as such, the granting of the
relief sought for the petition is necessary.
[11]
This Court grants petitioners request to amend the 2016 Code, using as its basis
Constitution
of
Internal
Procedures
of
Decision
2016 SJC 3
to introduce constitutional and legal revisions and amendments in the 2016 Code
as it is clearly stated in the 2016 Constitution and that they are given the power
to review and introduce revisions and amendments on a yearly basis.
On the Relevance of the Electoral Code
[13]
This Court takes cognizance of pertinent sections of the 2016 Code in determining
Article I, Section 2 of the 2016 Code provides for the General Provisions on
provisions
of
2.
Electoral Code.
The
Ateneo
Commission
on
Elections
(hereinafter
the
Article I, Section 3 of the 2016 Code provides for the Scope of the Electoral Code,
2.
Electoral Code.
This Electoral Code shall apply to all elections and
such other matters specified in Article XIV, Section 3 of
the 2005 Sanggunian Constitution and its most recent
Decision
amendments.
An
accredited
2016 SJC 3
student
political
party
This Court finds the petitioners arguments, together with the pertinent provisions
in both the 2016 Constitution and the 2016 Code, as sufficient in form and substance
to grant the relief they seek to be granted.
DISPOSITIVE PORTION
[17]
and grants their Petition to Amend the 2016 COMELEC Electoral Code ;
[18]
within three (3) calendar days from receipt of this decision the Amended 2016
COMELEC Electoral Code to give the Court ample time to deliberate and approve / reject
the proposed amendments to the said document ;
[19]
SO ORDERED.
JORELLE R. USON
Magistrate
Decision
2016 SJC 3
CERTIFICATION
[20]
Pursuant to the Rules of Court, I hereby certify that the conclusions in the
above Decision had been reached after deliberation and in consultation with all
of the Magistrates before the case was assigned to the ponentes of the opinion of the
Court.