Edited-colums.docx

Republic of the Philippines COMMISSION ON ELECTIONS Intramuros, Manila

IN THE MATTER OF REQUEST FOR TRANSFER OF VOTING CENTERS OF BARANGAYS: 1. SAMPAO, 2. SAPAKAN (POBLACION), 3. TABUNGAO, 4. BAITAL, 5. BAKAT 6. DAPANTIS, 7. MALIBPOLOK AND 8. PIDSANDAWAN OF RAJAH BUAYAN, MAGUINDANAO x---------------------------------------------------x

POSITION PAPER COMES NOW the Respondents, through the undersigned counsel and unto this Honorable Commission most respectfully submits the foregoing Position Paper and hereby avers that: I. STATEMENT OF THE CASE: The case involves a petition allegedly filed by the concerned voters of Rajah Buayan, Maguindanao, consisting of several barangays to wit: 1. Sampao;

2. 3. 4. 5. 6. 7. 8.

Sapakan (poblacion); Tabungao; Baital; Bakat; Dapantis; Malibpolok; and Pidsandawan That after notice and hearing, the Honorable Commission directed the parties to submit their respective Position Papers until March 5, 2019.

II. STATEMENT OF FACTS: On ____________ alleged voters from concerned barangays of Rajah Buayan, Maguindanao filed before the Honorable Commission En Banc a petition requesting for the transfer of voting centers of their respective barangays to proposed voting centers. Apparently, the said petition is supported by the registered voters from various concerned barangays of the municipality. A copy of the petition and the names and signatures of the residents of the aforementioned barangays are hereto attached as ANNEXES “1”“1-184” respectively to form an integral part hereof. The reasons set forth by the alleged petitioners for the filing of the request to transfer the voting centers are provided as follows: 1. 2. 3. 4.

Irregularities committed during the .. … …

5. .. 6. ..

After the parties were notified and heard on February 15, 2019, this Honorable Commission requested the parties to submit their respective position papers until March 5, 2019. In addition, it instructed Election Officer Noraida D. Dipatuan to verify the signatures in the petition and that the names on the petition are bonafide registered voters of the barangays concerned, conduct an ocular inspection of the proposed polling place and finally to submit a report thereof. Complying with the instructions of the Honorable Commission, Election Officer Noraida D. Dipatuan submitted the results of the ocular inspection and attached several photographs in connection to the said investigation. Copies of the photographs taken during the ocular inspection are hereto attached in the following order: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Pedsalingan Elementary School as ANNEXES “3” and “3-1”; Sampao Elementary School as ANNEXES “3-2” and “3-6”; Malibpolok Elementary School as ANNEXES “3-7” and “3-8”; Pidsadawan Elementary School as ANNEX “3-9”; Baital Elementary School as ANNEXES “3-10” and “3-11”; Sapakan Elementary School as ANNEXES “3-12” and “3-13”; Pedsalingan Elementary School as ANNEXES “3-14” and “3-15”; Sambolawan Elementary School as ANNEX “3-16”; and ***Sampao Elementary School as ANNEXES “3-17” and “3-21”***

Corollary to this, copies of the results of the verification of signatures of the registered voters who requested for transfer of polling place for the concerned barangays are hereto attached as follows:

a. b. c. d. e. f. g. h.

Barangay Sampao as ANNEX “4” Barangay Sapakan as ANNEX “4-1” Barangay Tabungao as ANNEX “4-2” Barangay Baital as ANNEX “4-3” Barangay Bakat as ANNEX “4-4” Barangay Dapantis as ANNEX “4-5” Barangay Malibpolok as ANNEX “4-6” Barangay Pidsadawan as ANNEX “4-7”

Considering that the petition is riddled with inconsistencies and procedural lapses, Respondents humbly believe that the instant petition be DENIED. Thus, we litigate.

ISSUES:

I. WHETHER OR NOT THERE IS SUFFICIENT GROUND TO GRANT THE PETITION II. WHETHER OR NOT THE PETITION IS COMPLIANT WITH SEC 153 AND 154 OF THE OMNIBUS ELECTION CODE

DISCUSSIONS/ARGUMENTS

I.

THERE IS NO SUFFICIENT GROUND TO GRANT THE PETITION; Contrary to the petitioner’s claim that there are valid reasons for the transfer of voting centers, the Respondent maintains that there claim is unfounded based on the following grounds to wit:

II. THE PETITION BLATANTLY VIOLATED SEC 153 AND 154 OF THE OMNIBUS ELECTION CODE; To remind the petitioner, respondents do adhere to the noble intentions of the law in promoting a fair, honest and peaceful election apropos the opposition to the filing of the instant petition. Respondent believes that numerous provisions of the Omnibus Election Code were palpably disregarded upon the filing of the instant petition to wit: Sections 152, 153 and 154 of the Omnibus Election Code provides that: SEC. 152. Polling Place. A polling place is the building or place where the board of election inspectors conducts its proceedings and where the voters shall cast their votes.

SEC. 153. Designation of polling places. The location of polling places designated in the preceding regular election shall continue with such changes as the Commission may find necessary, after notice to registered political parties and candidates in the political unit affected, if any, and hearing: provided, That no location shall be changed within forty-five days before a regular election and thirty days before a special election or a referendum or plebiscite, except in case it is destroyed or it cannot be used. SEC. 154. Requirements for polling places. Each polling place shall be, as far as practicable, a ground floor and shall be of sufficient size to admit and comfortably accommodate forty voters at one time outside the guard rail for the board of election inspectors. The polling place shall be located within the territory of the precinct as centrally as possible with respect to the residence of the voters therein and whenever possible, such location shall be along a public road. No designation of polling places shall be changed except upon written petition of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the Commission upon prior notice and hearing. A public having the requirements prescribed in the preceding paragraph shall be preferred as polling place. First, as to the transfer of polling places, Petitioners provided a summary of the concerned barangays, its total number of voters, the present voting center and the proposed voting center and is hereby provided as follows:

Barangay

Sampao

Total No. of (From) Present Voters Voting Center for the May 13, 2019 NLE

830

Baital Elementary School (2 kilometers away from Sampao)

(To) Proposed Voting Center

Sampao Elementary School

Sapakan (Poblacion)

Tabungao

Baital

Bakat

1,442

Multi-purpose Building, Brgy. Sapakan

975

Sapakan Elementary School (3 kilometers away from Brgy. Tabungao)

1,035

Multi-purpose Building, Brgy. Baital

814

Sapakan Elementary School

Pidsalanggian Elementary School, Brgy. Tabungao

Baital School

Sultan Kudanding Camsa National Highschool, Brgy. Bakat School Sapakan (5 kilometers away from Bakat)

Elementary

Elementary

Dapantis

Malibpolok

Pidsandawan

798

Multi-purpose Building, Brgy. Dapantis

849

Sapakan Elementary School Malibpolok Elementary School (2 kilometers away from Malibpolok)

1203

Dapantis Elementary School

Sultan Kudanding Camsa National Highschool, Brgy. Pidsandawan Sapakan (1.5 Elementary School kilometers away from Pidsandawan)

From the list, it is noteworthy to consider that for the previous elections, the current polling places were strategically chosen by this Honorable Commission to give life to its mandate in ensuring fair, honest and peaceful elections. In addition, the same was carefully chosen being the vanguard of the sovereign will of the people and the same cannot be radically changed in order to suit the political agendas of some candidates which can be manifestly seen in the discussion below.

Further, as to the proposed polling place in Sampao Elementary School, the same cannot be qualified as a suitable polling place for the rooms are too small to admit and comfortably accommodate forty voters at one time as provided under Sec. 154 of the OEC. Not to mention that some of its classrooms are already dilapidated, this endangers the lives of the electorate. Please see attached ANNEXES “3-17” and “3-21”. Also, the petitioners postulate that there is a need to change the polling areas due to its distance from the barangay, however the kilometric distance as presented is misleading due to the fact that reckoning point from the barangay to the polling place was not clearly established but instead provided a general allegation that the barangay is a few kilometers away from the polling place. Assuming but not conceding that the barangay is indeed a few kilometers away, this in itself is not a sufficient ground to allow the transfer because the primordial consideration is not the distance but more importantly, its accessibility to the voting public in general. Second, it must be observed that under Sec. 153 of the OEC the location of polling places remains the same as designated in the in the preceding regular election and any change may only be effected after the twin requirement of notice to registered political parties and candidates in the political unit affected, if any, and hearing has been complied with. In the case at bar, nothing in the records was provided to show that notice was given to the political candidates and to the registered voters affected by the said transfer of polling places. This is fatal to the cause of the petitioners and no hearing was conducted on the matter either. Absences of any of the two requirements violate the due process rule, thereby, making the afore-quoted Section 153 inutile. Third, Sec. 154 provides that: […] No designation of polling places shall be changed except upon written petition of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the Commission upon prior notice and hearing. The law is very explicit that the written petition must be accompanied by the consent of the majority of the registered voters. However, if we go through the attachment of the petition (Please see ANNEXES “1-184”) it is very glaring that the names of the alleged registered voters of the concerned barangays who signed the petition were the handcraft of a few people. It must not also escape the insightful eye of this Honorable Commission that the printed signatures are likewise the pen craft of a handful individual who falsified the signature appearing therein. To guide the Honorable Commission, it must be noted that the Exhibits presented shows similar handcraft for the written names and signatures to wit:

1. For Exhibit 1-1 to 1-20 having 359 voters it is noticeable that a. Exhibits 1-1, 1-2, 1-4, 1-6, 1-12, 1-14, 1-15 and 1-17 were written and signed by the same individuals and same goes with b. Exhibits 1-3, 1-5, 1-7 to 11, 1-13, 1-16, 1-18 to 20; 2. For Exhibits 1-21 to 1-38, the following can be observed: c. Exhibits 1-21 to1-28 (same persons wrote and signed) d. Exhibits 1-29 to 1-35 (same persons wrote and signed) e. Exhibits 1-36 to 1-38 (same persons wrote and signed) 3. For Exhibits 1-39 to 1-46, the following can be observed: f. Exhibits 1-39 to 1-40 (same persons wrote and signed) g. Exhibits 1-41 to 1-46 (same persons wrote and signed) 4. For Exhibits 1-47 to 1-65, the following can be observed: h. Exhibits 1-47 to 1-52 and 1-62 to 1-65 (same persons wrote and signed) i. Exhibits 1-53 to 1-55 (same persons wrote and signed) j. Exhibits 1-56 to 1-61 (same persons wrote and signed) 5. For Exhibits 1-66 to 1-131, this pertains to precinct no. 0001A to 0022A and the following can be observed: k. Exhibits 1-66 to 1-67 (same persons wrote and signed) l. Exhibits 1-68 to 1-71 (same persons wrote and signed) m. Exhibits 1-72 to 1-75 (same persons wrote and signed) n. Exhibits 1-76 to 1-79 (same persons wrote and signed) o. Exhibits 1-80 to 1-85 (same persons wrote and signed)

p. Exhibits 1-86 to 1-95 (same persons wrote and signed) q. Exhibits 1-96 to 1-100, 1-22 and 1-130 (same persons wrote and signed) r. Exhibits 1-97 to 1-99 (same persons wrote and signed) s. Exhibit 1-101 (same person wrote and signed) t. Exhibit 1-102 (same person wrote and signed) u. Exhibits 1-103, 1-110 to 1-116, 1-119 to 1-120 (same persons wrote and signed) v. Exhibits 1-117 and 1- 121 (same persons wrote and signed) w. Exhibits 1-123, 1-125, 1-128, 1-130 (same persons wrote and signed) x. Exhibits 1-124, 1-126 to 1-127, 1-129, 1-131 (same persons wrote and signed) 6. For Exhibits 1-132 to 1-184, the following can be observed: y. Exhibits 1-132 to 1-133, 1-136, 1-144 (same persons wrote and signed) z. Exhibits 1-134 to 1-135, 1-137 to 1-142, 1-145 to 1-146 (same persons wrote and signed) aa. Exhibits 1-147 to 1-148 (same persons wrote and signed) bb. Exhibits 1-149 to 1-150 (same persons wrote and signed) cc. Exhibits 1-153 to 1-161 (same persons wrote and signed) dd. Exhibits 1-162 to 1-163 (same persons wrote and signed) ee. Exhibits 1-175 to 1-177 (same persons wrote and signed) ff. Exhibits 1-178 to 1-179 (same persons wrote and signed) gg. Exhibits 1-181 to 1-184 (same persons wrote and signed) Corollary to this, it supports the findings of Election Officer Noraida D. Dipatuan that some of the signatures were falsified. Moreover, if only a number of people caused the preparation of the petition, it necessitates that no notice and hearing were conducted. In addition to her report, it would also show that majority of the barangays concerned, did not meet the 50+1 requirement as provided for under Sec. 154 of the OEC. For better understanding and clarity, a summary of the report together with the deficiency is hereby presented as follows:

Established Precinct Number

Total Number of Registered Voters

0044A 0045A 0046A 0047A 0048A TOTAL

186 188 129 192 135 830

Barangay SAMPAO

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 94 44 29 11 4 95 64 42 7 15 65.5 87 69 5 13 97 76 56 12 8 68.5 95 81 3 11 420 366 277 38 51

Established Precinct Number

Total Number of Registered Voters

0004A 0005A 0006A 0007A 0008A TOTAL

182 155 124 167 186 814

Barangay BAKAT

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 92 87 27 57 3 78.5 80 25 37 18 63 81 23 32 26 84.5 105 36 45 24 94 82 26 36 20 412 435 137 207 91

Established Precinct Number

Total Number of Registered Voters

0009A 0010A 0011A 0012A 0013A 0014A TOTAL

194 134 134 144 93 99 798

Barangay DAPANTIS

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 98 108 12 65 31 68 58 10 30 18 68 83 12 46 25 73 77 17 44 16 47.5 47 12 34 1 50.5 40 13 19 8 405 413 76 238 99

Established Precinct Number

Total Number of Registered Voters

0019A 0019B 0020A 0021A 0022A TOTAL

197 79 191 193 189 849

Barangay MALIBPOLOK

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 99.5 119 35 81 3 40.5 69 11 53 5 96.5 104 34 67 3 97.5 111 37 67 7 95.5 74 20 48 6 429.5 477 137 316 24

Total Established Number Precinct of Number Registered Voters Barangay PIDSADAWAN 0038A 0038B 0039A 0040A 0041A 0042A 0043A TOTAL

193 42 198 188 193 196 193 1,203

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 97.5 94 80 10 4 22 0 0 0 0 100 87 66 13 8 95 57 45 9 3 97.5 103 84 14 5 99 104 77 18 9 97.5 93 65 20 8 608.5 538 417 84 37

Established Precinct Number

Total Number of Registered Voters

0001A 0001B 0002A 0002B 0003A 0003B TOTAL

163 171 175 171 181 174 1,035

Barangay BAITAL

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 82.5 106 25 63 18 86.5 107 13 78 16 88.5 81 26 42 13 86.5 120 47 58 15 91.5 93 29 54 10 88 91 25 62 4 523.5 598 165 357 76

Established Precinct Number

Total Number of Registered Voters

0054A 0055A 0056A 0057A 0058A 0059A TOTAL

149 171 162 184 129 180 975

Barangay TABUNGAO

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ 50% + 1 Total USED BY Majority of Number FALSIFY SIMILAR ELLITERATE/SENIOR the Who CITIZEN IN THE Registered Requested SIGNATURE PAD AS Voters for Transfer THEIR SIGNATURES of Polling SHOWN Place THUMBPRINTS ON THE REQUEST 75.5 75 56 19 86.5 89 60 29 82 79 56 23 93 96 54 42 65.5 94 76 18 91 80 65 15 493.5 513 367 146

Total Established Number Precinct of Number Registered Voters

50% + 1 Majority of the Registered Voters

Total Number Who Requested for Transfer of Polling Place

Turn Out of the Verification of Signatures of the Voters based on the VRS DCS DOT/SLASH/LINE/ USED BY FALSIFY SIMILAR ELLITERATE/SENIOR CITIZEN IN THE SIGNATURE PAD AS THEIR SIGNATURES SHOWN THUMBPRINTS ON THE REQUEST

0049A 0049B 0050A 0050B 0051A 0051B 0052A 0053A TOTAL

97 100.5 98 96.5 100 47.5 97 92.5 729

102 134 108 104 100 53 110 107 818

41 44 27 19 51 15 31 28 256

Barangay SAPAKAN

192 199 194 191 198 93 192 183 1,442

53 68 64 69 32 37 57 66 446

8 22 17 16 17 1 22 13 116