SC: Inmates allowed to vote for local candidates

Persons deprived of liberty (PDLs) or inmates are again allowed to vote at the local level after the Supreme Court lifted a temporary restraining order (TRO) issued against the Commission on Elections (Comelec) in 2016.

In a nine-page resolution promulgated on March 29, 2022 but released to the public in August, the High Court dismissed the petition filed by a lawyer in 2015 seeking to prohibit detainees from voting in the May 2016 elections unless clear guidelines were made.

The Court said the petitioner, Atty. Victor Aguinaldo, failed to meet the requisites of judicial review and it sees no need to delve into the substantive issues raised.

“Wherefore, the instant petition is dismissed. The TRO issued on April 19, 2016 is lifted thereby allowing the Commission on Elections to fully implement Resolution No. 9371 in the upcoming and succeeding elections,” it said.

The High Court previously issued a TRO preventing the Comelec from enforcing several provisions of Comelec Resolution 9371, which regulates the voting of detainees.

It enjoined the Comelec to limit voting at the national level, meaning detainees can only vote for the president, vice president, senators, and party-list organizations.

This was challenged by the Commission on Human Rights in 2019, asserting its mandate to ensure the fulfillment of the human rights of PDLs and arguing that granting the petition would deprive qualified PDLs of their right to electoral participation.

The Comelec said the high court's ruling will pave the way for the "full and unimpeded" implementation of its resolution.

"In upholding the validity of the resolution, the Supreme Court affirmed the Comelec's commitment  to the rule of law, due process, fair play and equity, and in championing the right to suffrage of all," Comelec spokesperson Rex Laudiangco said.—AOL/LDF, GMA News