The Commission on Human Rights (CHR) on Monday asked the government to apply the human rights standards for all persons deprived of liberty (PDL) or prisoners, including its ex-chairperson-turned Senator Leila de Lima as a testament of commitment to the rule of law and the basic principles of good governance.
“As sworn duty bearers, we must let fairness and social equality, at all times, prevail,” CHR executive director Jacqueline Ann de Guia said.
In 2012, a petition was filed with the Supreme Court (SC) seeking to thwart the implementation of Commission on Elections Resolution No. 9371 allowing the participation of PDLs in the national and local elections.
The High Court partially granted the petition in 2016 and issued a temporary restraining order for its application on local elections.
Last Aug. 26, the SC publicly released a nine-page ruling unanimously dismissing the petition against the Comelec resolution, thereby effectively lifting the TRO.
The decision, penned by Associate Justice Jhosep Lopez, explained that the petitioner failed to present a substantive case that warranted a judicial review.
The CHR “fully welcomes and lauds the SC’s decision. We echo the High Court’s assertion that the Comelec Resolution—contrary to the petitioner’s arguments that it was “unconstitutional” and that it “violates the equal protection of laws by favoring PDL voters over other classes of voters”—does not pose a conflict of legal rights,” De Guia said.
“The enforcement of such, in no way, diminishes the petitioner’s or anyone else’s rights. By upholding PDLs’ right to suffrage, the SC only ensures the fair and equal political franchise of all qualified citizens in the country,” De Guia noted.
The right to suffrage, as enshrined in the Universal Declaration of Human Rights, the International Covenant on Rights, and the 1987 Constitution, is the ultimate expression of a democratic republic, she stressed.
According to her, failure of the State to grant this right to citizens, not otherwise disqualified by law, is the true violation of the Constitution, as well as international laws.
De Guia said the CHR has always maintained PDLs’ right to electoral participation.
In 2009, De Lima, in behalf of the 4th CHR Commission en banc, submitted a petition for the Comelec to establish guidelines and formulate rules and regulations for PDLs and the exercise of their right to vote.
Comelec Resolution No. 9371 was one of the many substantialoutcomes of the collaborative efforts for the welfare of PDLs. It isthrough the joint action of the Comelec, Bureau of Jail Management and
Penology, Philippine National Police, Department of the Interior andLocal Government, CHR and other stakeholders.
“As we celebrate such developments and the Rule of Law Monththis September, let us also call for the fair and public trial ofPDLs, their right to be presumed innocent until proven guilty, rightto due process, and right to equal protection of the laws,” De Guiasaid.