Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

FIFTEENTH CONGRESS,

Second Regular Session

House Bill

6172

Introduced by the Honorable Representatives Elpidio F. Barzaga, Jr. and Rufus B. Rodriguez

EXPLANATORY NOTE

‘Taking part in the conduct of public affairs is a basic human right increasingly prized
by people throughout the world. Humankind, at different times, in its history and with
varying degrees of success, has sought ways of involving individuals in community
decisions. Today. taking part in government is recognized as a basic husaan right in every
region of the world.

Universally, the right to take part in government is proclaimed and guaranteed by the
Universal Declaration on Human Rights (UDHR) to which the Philippines is an original
signatory and the International Covenant on Civil and Political Rights (ICCPR) to which the
country is a State party.

Both international human rights instruments specifically
this important political right of every citizen to suffrage. As aptly
of the UDHR and mirrored in Article 25 of the ICCPR:

“The will of the people shall be the basis of the authority of
government; this will shall be expressed on periodic and genuine elections
which shall be by universal and equal suffrage and shall be held by secret vote
or by equivalent free voting procedures.”

“Universal Suffrage” requires the participation of the broadest pool of voters ensuring
that every eligible voter must be included. Reasonable requirements are usuelly limited to
minimum age, nationality and mental capacity and those that are not permissible are
economic requirements, excessive residency requirements, restrictions on voting by
naturalized citizens, language requirements, literacy requirements, excessive limitations of
convicted criminals.

On the other hand, “Equal Suffrage” means that there should be no constituency
delimitation and that registration or polling procedures. designed to dilute or. discount the
votes of particular individuals, groups or geographic areas are unacceptable


Clearly now. the current reality in the Philippines is that persons deprived of liberty
(PDLs) or detainees, not otherwise disqualified by law. are effectively prohibited from
exercising their right to vote.

Highlighting this violation of intemational human rights obligations is the fact that
while detainees who are currently awaiting trial cannot exercise their right tu vote. other
persons who are also waiting trial but are otherwise not in detention by reason of availment of
bail are allowed to vote. This showcases the discrimination in the exercise of the right to vote
which, in effect, imposes additional economic requirement not permissible under human
rights standards and principles. Economic status, ie., inability to post bail by reason of
poverty, is clearly discriminatory and violative of the equal protection clause enshrined under
the Constitution.

Moreover, no less than the 1987 Philippine Constitution ensures this right of suffrage

to all citizens under Section 1, Article V, which provides that,

“Suffrage may be exercised by ALL citizens of the Philippines, not
otherwise disqualified by law, who are at least eighteen years of age, and who
shall have resided in the Philippines for at least one year and in the place where
they propose to vote, for at least six months immediately preceding the
election. No literacy, property, or other substantive requirement shall be
imposed on the exercise of suffrage.”

The disqualification being referred to pertains to Section 118 of the Omnibus Election
Code which provides, in sum, that a person is disqualified by law only when he has been
sentenced by final judgment to serve a prison term of at least one year. Conversely. those
who are not yet convicted or those convicted with penalty of imprisonment of less than one
year, are qualified to vote.

Records of the Bureau of Jail Management and Penology show that us of July 31,
2010, the total jail population district, city and municipal jails under their supervision and
control is sixty thousand four hundred eighty three (60.483) inmates. Of this figure, Fifty
Seven Thousand Six Hundred Thirty Two (57,632) are awaiting preliminary investigation,
trial or promulgation of final judgment

To ensure the exercise of the right to suffrage of persons deprived of liberty who are
qualified to vote, the following mechanisms are hereby being proposed: (a) establishment of
regular precincts within the jail. prison or other detention facility premises; (b) allowing the
segregation of the ballots of detainee voters from their mother precincts and delivery of the
same to the polling place in jail, prison or other detention facility for purposes of voting; (c)
application of the local absentee voting to detainees who are residents of another
municipality. city or province: and (d) when practicable, through escorted voting.

Passage of this bill is therefore earnestly sought.

Me Oh


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila
FIFTEENTH CONGRESS

Second Regular Session

House Bill No._ 0.172

Introduced by the Honorable Representatives Elpidio F. Barzaga, Jr.
and Rufus B. Rodriguez

AN ACTE

IN JAILS, PRISOD

THEIR RIGHT OF SUFFRAGE, AMENDING CERTAIN PROVIS
AND FOR OTHER PURPOSES

‘ABLISHING MECHANISMS FOR QUALIFIED VOTERS DETAINED
\D OTHE \ FACILITIES TO EXERC
IONS OF LAW,

Be it enacted by the Senate and House of Representatives of the Phitippines in
Congress assembled:

SCTION 1. Short Title. - The short title of this Act shall be the “Detainee Voter's

Act of 2012

SEC. 2. Declaration of Policy. - It is the policy of the State to ensvre that all qualified
voters, including those detained in jails, prisons and other detention facilities, are provided

with opportunities to exercise their right to suffrage. Toward this end. the State shall establish

means, mechanisms, and facilities for the attainment of this policy.

SEC. 3. Definition of Terms. — As used in this Act, the following terms shall mean:

a. Detainee - Refers to a qualified voter, not otherwise disqualified by law, who is
confined in jail, prison or other detention facility under the following
circumstances: (1) formally charged for any crime/s and awaiting/undergoing
trial; or (2) serving a sentence of imprisonment for less than one (1) year: or (3)

whose conviction of crime involving disloyalty to the duly constituted


government such as rebellion, sedition, violation of the firearms law or any crime
‘against national security or for any other crime is on appeal.

b. Detainee Precinct. - Refers to a precinct constituted with the jail. prison or other
detention facility as the territorial unit

¢. Polling Place. — Refers to the specific designated area inside a jail, prison or other
detention facility where the detainee voters may cast their votes.

d. Mother Precinct. Refers to the precinct assignment of a registered detainee other
the established detainee precinct.

e. Absentee Voting. - Refers to the voting mechanism where qualified detainee
voters who are residents/registered voters of municipalities or cities other than the
municipality/city of incarceration may be able to cast their vote through the

stem of local absentee voting as provided in Executive Order No, 157.

f Escorted Votin;

- Refers to a voting mechanism whereby detainee voters are

allowed to cast their vote, with security escort, in the precincts where they are

registered which is other than the precinct established inside jail.

SE

. 4. Detainees’ Right to Register and Vote. - Detention prisoners and those

serving their sentence of not more than one (1) year imprisonment are qualified to register

and vote, provided, that they pos all the other qualifications required by law and none of

the disqualifications.

SEC. 5. Satellite Registration of Detention Prisoners. - The Commission on
Elections (COMELEC) shal! conduct satellite registration for detainees in coordination with
the officials of the jail, prison or detention facilities where they are confined and subject to

the specific guidelines the Commission shall promulgate.

A detainees who is resident of a municipality or city other than that of the place of

incarceration may, if not yet registered, apply for original registration using either his/her

original residence previous to incarceration, or the jail, prison or detentior facility as a
residence, if warranted by the circumstances. If already registered, he/she may apply for

transfer of registration records as warranted by the circumstances.

SEC. 6. Mechanisms for Detainee Voting. - The Commission on Elections

(COMELEC), in coordination with the Bureau of Jail Management and Penology (BIMP),


vn on Human

the Department of the Interior and Local Government (DILG), the Commis
Rights (CHR), and ci

access and opportunities 10 detainees to exercise their right of suffrage through any or a

| society organizations (CSOs) shall establish mechanisms to facilitate

combination of any of the following mechanisms: establishment of detainee precinct
segregation and delivery of ballots for detainees; the extension of the local absentee voting

for detainees: and escorted voting.

(@) Establishment of Detainee Precinct. Considering the number of qualified
registered detainee voters of the place of incarceration, COMELEC may establish a regular
precinct in the jail, prison or other detention facility. In coordination with the management of
the jail, prison or other detention facility, COMELEC shall establish a polling place inside the

facility where the detainees may cast his/her vote on election day.

(b) Segregation and Delivery of Ballots for Detainees,- When the establishment of
detainee precinct is not feasible or practicable, or if one is established but there are detainees
who opted to retain their original place of registration and have not availed of local absentee
voting, the COME

C may segregate the ballots of detainee voters “tom their mother
precincts and have them delivered to the jail, prison or other detention facility for purposes of
voting and have them retumed to their mother precinets for purposes of counting. Provided:
That this option shall be available only for detainees who are registered voters of the same
city or municipality of the place of incarceration. Provided, Further: That subject the specific
guidelines by the COMELEC, the detainee ballots shall be based on the list drawn by
COMELEC and annotated by the Board of Election Inspectors (BEls) of the mother

precincts. Provided, Finally: That the COMELEC shall, at all times. ensure the security and

secrecy of the ballots and uphold the rights of the stakeholders to observe the processes.

For purposes of voting, detainee voters availing of this option shall be allowed to

accomplish their ballots in the polling place established for the detainee precinct.

(c) Extension of Local Absentee Voting.- Detainees who are registered voters of
another municipality or city may avail of the mechanism for local absentee voting extended
to officers and employees of government, as provided in Executive Order No. . 57. Detainees

availing of the local absentee voting, may however, vote only for national elective positions.


(@) Escorted Voting. — Detainee voters who are residents/registered voters of
municipalities/cities other than the municipality/city of detention and have not availed of
absentee voting may avail of escorted voting: Provided: That said detainee voters have
obtained court orders allowing them to vote in the polling place where they are registered:
Provided, Further: That it is logistically feasible on the part of the jail/prison administration
to escort the detainee voter to the polling place where he is registered; Provided, Finally:
‘That reasonable measures shall be undertaken by the jail/prison administration to secure the

safety of detainee voters, prevent their escape and ensure public safety.

SEC. 7. Right to Information. - Detainees shall be allowed access to information
concerning the electoral processes, the candidates and the issues related thereto. Candidates
shall be allowed to campaign inside detention centers during the campaign period. subject to
ELEC.

the rules and regulations of the BJMP and the COM

SEC. 8. Prohibition on the Transfer of Inmates. - Six (6) months prior to the date of
the election, the transfer of inmates from one jail facility to another shall be prohibited,

except in cases of extreme necessity upon order of a competent court

SEC. 9. Implementing Rules and Regulations. ~ The COMELEC, in consultation
with the CHR, the DILG, the BIMP, and CSOs shall promulgate the rutes and regulations
implementing this Act. In the formulation of the implementing rules and regulations of this
Act, the COMELEC shall consider and uphold the right to vote of qualified voters who are
detained in district, city, or municipal jails. Such rules and regulations must also give
emphasis to protecting the sanetity of the ballot and the peaceful conduct of election within

the polling place where the inmates will vote.

SEC. 10. Appropriations. - The amount necessary for the implementation of this Act

shall be included in the appropriations to be enacted by Congress for the regular clections

SEC. 11. Repealing Clause. All laws. decrees. executive orders. rules and

regulations, or parts thereof, inconsistent with the provisions of this Act are repealed

accordingly.


SEC. 12. Separability Clause. - If any part of this Act is deemed invalid or

unconstitutional, the other parts or provisions thereof shall remain valid anc. effective.

SEC. 13. Effectivit

the completion of its publication either in the Official Gazette. or in two (2) newspapers of

y Clause. - This Act shall take effect fifteen (15) days following

general circulation in the Philippines.

Approved,