Professional Documents
Culture Documents
To: Ms Isabelita C. Celestino, EdD
Dean, Office of Student Services
Chairperson, Magistrate
From: Mr Kevin Irvin Bare
Representative, SENTRO Political Party
Comes now Petitioner, as SENTRO Political Party Representative and unto this
Honorable Magistrate, in accordance to Art. III, Sec. 15 of the 2008 Revised Student
Election Code of DSLUD, respectfully submits this appeal and avers that:
Prefatory/Introductory Statement
In promulgating Resolution No 21 the Student Commission on Elections has raised more
questions than answers. They have done so by being silent on the many arguments – both
legal and based on law and jurisprudence – we have raised in our main complaint filed
March 12, 2011 and the subsequent response to SINAG Political Party's Marc 17 Reply.
Not only did the SCE chose to be silent on the issues of great importance we raised in our
complaint, they chose to blindly ignore such transcendental issues by basing Resolution
No 21 on mere technicalities.
Their silence and evasion of countering our legal arguments with their own, has left us
fearful that with such a decision, it would become a very dangerous precedent wherein
grave and serious violations of the 2008 Revised Student Election Code can be easily
swept under the rug just because complainants or victims of such violations inadvertently
fail to follow mere technical proecedures.
STATEMENT OF FACTS
On March 10 and 11, 2011, designated as Election Days by the Student Commission on
Election, SINAG Political Party deployed several of its Campaign Managers as Poll
Watchers in the Polling Stations for the College of Engineering, Architecture and
Technology and College of Liberal Arts.
SINAG Political party justified such deployment of their Campaign Managers as Poll
Watchers by invoking Section 58, Article IX of the 2008 Revised Student Election Code of
DLSUD.
On March 12, 2011, SENTRO Political Party furnished copies of its complaint to SINAG
Political Party, the Student Commission on Election and the Student Development and
Activities Office.
On Marh 17, 2011, SINAG Political Party submitted a letter stating their position that
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SENTRO's complaint did not strictly comply with the technicalities stated in the 2008
Revised Student Election Code and that they further explained that the deployment of
their Campaign Managers as Poll Watchers during the Election Days had the approval of
the SCE Chairperson.
On March 25, 2011, the SCE called for a hearing which were attended by representatives
from both SENTRO and SINAG in which they discussed the complaint and issue of
technicalities.
ISSUE
4. Whether or not SINAG Political party has erred on its interpretation
of Section 58, Art. IX of the 2008 Revised Student Election Code.
DISCUSSION
Since the issues are related and intertwined, the same will be discussed in together in
seriatim to simplify the issues.
1. SENTRO Political party has complied with the essence and spirit of
Sections 96 and 98 of the 2008 Revised Student Election Code
It is a settled rule in our legal system that in administrative proceedings like this instant
case, the niceties of procedural regulations do not always apply to the former. The
complaint should not be discounted just because of the fact that it was filed in a manner
inconsistent with the technical procedures outlines Sections 96 and 98 of the 2008
Revised Student Election Code.
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the case, so that they may be given ample time to prepare their defense.
It has to be put in mind, that the irregularity of SINAG's deployment of its campaign
managers as poll watchers on the Election Days has already been the subject of
inquiry/discussion by the SCE itselft as early as March 10, 2011. SINAG itself does not
deny that they have received a written copy of the complaint by SENTRO. SINAG does
not claim that they haven't been given ample time to study the complaint and prepare
their defense. Clearly, it is essentially demonstrated that SINAG's rights to substantive
and procedural due process were not violated. Without doubt the purpose for which the
technicalities were put in place have been essentially realized, respected and followed.
In the case of General Milling Corporation vs National Labor Relations Commission and
Dativo M. Cacho, G. R. No. 153199 (December 17, 2002), the Supreme Court educates us
about this great principle of justice:
“The rules of procedure are intended to promote, rather than frustrate, the
ends of justice, and while the swift unclogging of court dockets is a laudable
objective, it, nevertheless, must not be met at the expense of substantial
justice. Technical and procedural rules are intended to help secure, not
suppress, the cause of justice and a deviation from the rigid enforcement of
the rules may be allowed to attain that prime objective for, after all, the
dispensation of justice is the core reason for the existence of courts.”
When we tilt in the balance of justice the issues of gravity of known act/s or issues as
against procedure or technicalities, the gravity of an known act or issue should be
favoured especially if one of the issues is whether it has undermined the integrity of the
elections and whether it is in truth and fact contrary to the 2008 Revsied Student
Election Code. Another principle in Statutory Construction can testify on this when it
states that, “A construction should be rejected that gives to the language used in a
regulation a meaning that does not accomplish the purpose for which the regulation was
enacted”. Surely, it is not the intention of the framers of the 2008 Revised Student
Election Code of DLSUD nor of the Honourable Student Commission on Elections to
have the studentelectorate be fooled by studentcandidates and political parties by hiding
their illegal activities which violate our established laws and regulations and undermine
the good name of our beloved University through mere technicalities.
No where in Resolution No 21 does the SCE say that SENTRO's complaint deal with
small or insignificant issues nor is it without merit, in fact, the complaint is full of merit
because it raises major issues of the greatest importance with regards to the DLSUD
student elections and the implementation of the 2008 Revised Student Election Code.
This is proven by the fact that the SCE conducted a hearing last March 25, 2011 to
discuss the said issues in the complaint. Surely, the time and resources spent on the
hearing were not meant to be wasted by simply dismissing the complaint on mere
technicalities. It also to be noted that during said hearing, the substantial issues raised
in the complaint were discussed.
A prime example would be last year's February 8, 2010 complaint by SENTRO about
SINAG's OffCampus Activity which was given due course by the SCE despite some
lapses in the technicalities of its filing because the issues in that case, like the issues in
this present case, are far more important to be simply dismissed and brushed aside on
mere technicalities.
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The Supreme Court in Spouses Juan Diaz vs Jose Diaz, G.R. No. 135885 (2000) ruled
that:
Suits should as much as possible be decided on the merits and not on
technicalities. Courts should be liberal in setting aside orders of default as
default judgments are frowned uponand not looked upon with favor for they
may amount to a positive and considerable injustice tothe defendant. Since
rules of procedure are mere tools designed to facilitate the attainment of
justice, it is well recognized that the Supreme Court is empowered to
suspend its operation, or except a particular case from its operation, when
the rigid application thereof tends to frustrate rather than promote the
ends of justice.
2. The SCE Chairperson alone can not make decisions, orders or
interpretation of the 2008 Revised Student Election Code for the
Student Commission on Election.
At this point, it is to be stressed that there is the fact that SINAG has not directly
addressed or rebutted the arguments we raised in the complaint and during the March
25, 2011 hearing to prove that their interpretation of Section 58 is not erroneous,
mistaken, wrong and in fact contrary to the 2008 Revised Student Election Code of
DLSUD.
Instead, they hide behind the flimsy and weak defense that they consulted and relied
upon the SCE Chairperson to confirm whether or not their interpretation of Section 58 is
correct. This is undeniably another fatal mistake SINAG has committed.
SINAG claims that the SCE Chairperson has agreed with their interpretation of Section
58, they even produced a letter dated March 15, 2011 with the latter's signature attesting
to this fact.
SINAG committed the fatal mistake of taking the Chairperson's consent and approval of
their deployment of their Campaign Managers as Poll watchers as the consent and
approval of the Student Commission on Election. The nature and structure of the SCE
contradicts this and it's the reason why it was a fatal mistake. SINAG has forgotten or is
conveniently ignoring the fact that the SCE is a collegial body composed of nine (9)
Commissioners, the Chairperson being just one of nine Commissioners that act and make
decisions as a group through a majority vote.
It gave an example in citing an earlier ruling in GMCR, Inc. v. Bell Telecommunication
Philippines, Inc.,2 in which the Court ruled that:
First. We hereby declare that the NTC is a collegial body requiring a
majority vote out of the three members of the commission in order to
1 A.M. No. 08-19-SB-J. August 24, 2010
2 G.R. No. 126496 and 126526, April 30, 1997, 271 SCRA 790.
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validly decide a case or any incident therein. Corollarily, the vote alone
of the chairman of the commission, as in this case, the vote of
Commissioner Kintanar, absent the required concurring vote coming
from the rest of the membership of the commission to at least arrive
at a majority decision, is not sufficient to legally render an NTC
order, resolution or decision.
Paraphrasing the Supreme Court and applying it to the Student Commission on Election,
it's clearly a fact that the SCE is a collegial body requiring a majority vote out of the nine
commissioners in order to validly decide a case or any incident therein. Corollarily, the
vote alone of the Chairperson, absent the required concurring vote coming from the rest
of the commissioners to at least arrive at a majority decision, is not sufficient to legally
render an SCE order, resolution or decision.
Simply put, the Chairperson is not the Student Commission on Election. He/she alone
does not speak for and in behalf of the SCE. The SCE acts through a nineman body, and
nine commissioners each has one vote to cast concerning a case or any incident therein
that is the subject to the jurisdiction of the SCE.
Again, SINAG's consultation with the Chairperson regarding their interpretation of
Section 58 is a matter/incident not for the Chairperson to decide alone for she has not
been granted the powers and authority to act for and in behalf of the SCE by the 2008
Revised Student Election Code of DLSUD. This has been spelled out and limited in
Section 20 Art. II which says:
Powers, Duties and Responsibilities of the Commissioners, Officers, College Heads
and SCE Members.
A. The Commissioners
A.1 The Chairperson shall:
Preside in all meetings of the Commission
Nominate the secretary and treasurer of the SCE
Enforce this Code, all resolutions, and decisions made by the
SCE
Make sure all members of the SCE perform their duties and
responsibilities
Signs all letters coming from the SCE
Perform all other functions and exercise duties as may be
provided by this Code
No where in Section 20 does it say that the decision of the Chairperson is the decision of
the SCE. No where in Section 20 does it say that he/she alone can decide on matters as
serious and extremely important as interpreting the 2008 Revised Student Election Code
of DLSUD.
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At best, what the March 15, 2011 letter of the SCE Chairperson is nothing more than her
own opinion. Absent a resolution concurred in by a majority of the other eight (8)
commissioners and signed by all of them, that letter has no legal effect that will make
SINAG's deployment of their Campaign Managers as Poll Watchers during the Election
Days valid and legal.
Even to cold and neutral observers, it cannot be hard to believe that since the letter is
dated and signed March 15, 2011, four days after the Election Days in which the
irregularity that SINAG has committed, SINAG could be using the SCE Chairperson as
an excuse and a scapegoat to hide their unlawful actions and escape the due and lawful
penalty it deserves. SENTRO prays that this is not true. We believe that the SCE
Chairperson will not allow herself to be dragged into this controversy and become a
willing partner in SINAG's blatant violation of the 2008 Revised Student Election Code of
DLSUD.
3. Campaign Managers cannot be deployed/identified as Poll Watchers
Central to this first issue is answering the question “What is a Campaign Manager?”
Though the 2008 Revised Student Election Code, herein referred to as 2008 Election Code
afterwards, is silent about the exact definition of what a “Campaign Manager” is, its
common usage and practice under the previous and revised 2008 Election Code, and as
understood by all parties involved in the yearly elections for the University and College
Student Council would be great in value in determining its real meaning.
Optimus interpres rerum usus. The best interpreter of the law is usage. The Supreme
Court in the cases of Manila Jockey Club, Inc. v. Games and Amusement Board, 107 Phil.
151 (1960) and Phil. Long Distance Tel. Co. v. Collector of Internal Revenue, 90 Phil. 674
(1952) educates us about the meaning of this principle of statutory construction:
For years during every USC and CSC elections, “Campaign Managers” have been
understood as students, mostly members of political parties who actively campaign for
their candidates, leading campaign rallies, accompanying and becoming part of their
candidates' routine during room to room campaigns and engaging the students via
conversations and handing out campaign materials like leaflets, ribbons, pins, etc.
As such, Campaign Managers are always in the presence of their candidates or in the
front lines of the party's campaign activities, which ultimately leads to phenomenon that
aside from its Candidates, Campaign Managers easily become the “face” of the party in
the eyes of the studentvoters.
Thus, by their presence alone, Candidates and Campaign Managers can
influence studentvoters in to supporting and voting for one candidate or the
other. Directly or indirectly, Candidates and Campaign Managers naturally
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campaign during the Election Period which covers the Campaign Period and
Election Days.
It is for this reason, that since the very first student elections were held and the first
version of the Election Code have been in effect, Candidates and Campaign Managers
have been restricted in their movements and activities during Election Days. Because
on Election Days, campaigning or electioneering is strictly prohibited. Any and
all campaign materials are removed and strategic places in campus designated as polling
stations or places are cordoned off and restricted to Candidates and Campaign Managers
so as to give the studentvoters a secure, neutral and private place free from
partisan noise and influence so that they can freely cast their votes according
to their own choice.
From the foregoing discussion, it is reasonable and without doubt that, because of their
very nature, Cadidates and Campaign Managers cannot act/identified/designated
as Poll Watchers since the latter's role is to simply become the eyes and ears of the
party/candidate they represent, whose primary duty and function is to ensure the
conduct of fair, honest and free elections. Without a shadow of doubt, a partisan
agent/person would not be suitable and appropriate for the job.
4. SINAG Political party has erred in its interpretation of Section 58, Art.
IX of the 2008 Revised Student Election Code.
Since the moving spirit of the Election Code is to ensure the security, privacy and
neutrality of the polling place/station, it has spelled out this policy in Section 58, Article
IX of the 2008 Election Code which reads:
It escapes reason and logic, as to how SINAG political party could have failed in
understanding and correctly following the aforementioned provision.
The argument they raise reflects the selective interpretation of Section 58. According to
SINAG:
“All candidates, campaign managers and polical party members who are
not identified as poll watchers are [NOT] restricted from loitering in the
10meter radius of the polling places during the election days as designated
by the SCE.”
The argument is not only selective but defies logic, the rules of English grammar and
statutory construction.
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The correct, logical and intelligent understanding of Section 58 is as follows:
In Section 58, there are three classes of persons prohibited from loitering within a 10
meter radius of the polling place: 1) “candidates”, 2) “campaign managers” and 3)
“political party members who are not identified as poll watchers.”
A logical understanding of the phrase “political party members
who are not
identified as
poll watchers” could be illustrated in the following manner:
Clearly, in the eyes of Section 58, there are only two classes under the “political party
members” first are “those who are identified as poll watchers” and those that are not poll
watchers. The former is exempted from the 10meter radius restriction while the latter
along with the “candidates” and “campaign managers” are not.
The rules of English grammar explains why this is so:
The phrase “who are not identified as poll watchers” is an adjective clause which restricts
the general term 3 “political party members.” This means that the only persons who are
not prohibited to loiter within a 10meter radius of the polling place are members of a
political party who were identified as poll watchers and studentvoters who are not
members of any political party.
For if the the phrase “who are not identified as poll watchers” were to be removed from
Section 58, it would read like the following:
All candidates, campaign managers and polical party members who are not
identified as poll watchers are restricted from loitering in the 10meter
radius of the polling places during the election days as designated by the
SCE.
Granted, arguendo and without conceding that if this were to be followed, political parties
cannot deploy their own party members as poll watchers. They would then have to rely on
3 Restrictive and Nonrestrictive Clauses. (1990). In New Websters Practical English Handbook. The New Lexicon
Webster's Encyclopedic Dictionary of the English Language (p. EH-32, 1991 Ed.) United States of America: Lexicon
Publications, Inc. New York
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nonpartisan students to do the pollwatching for them which would also mean that those
students would again cease to become nonpartisan and become a de facto member of the
party and thus again be prohibited from loitering within a 10meter radius of the polling
place. It will be a ridiculous and absurd neverending cycle in which no political party
can ever be lawfully allowed to designate its own poll watchers!
Now to dispense with the other contention of SINAG political party that “campaign
managers” once “identified as poll watchers” can indeed act as poll watchers. Such an
interpretation would lead to another absurd and ridiculous situation.
Granted arguendo, that “campaign managers” once “identified as poll watchers” can
indeed act as poll watchers, it would lead to the absurd situation that after all the
efforts exerted in maximizing campaign strategies during the official campaign period set
before the election days4, with all the restrictions to keep campaigning objective, issue
based and befitting the nature of Lasallian students 5, and finally to cease and prohibit all
partisan/campaignrelated activities on Election Days 6, including the removal of all
campaign materials and the restrictions on the movements of partisan agents like
“candidates” and “campaign managers”, such agents, specifically “campaign managers”
would be allowed to stay at the polling places, giving them all the opportunities to directly
or indirectly , campaign right then and there, moments before studentvoters mark and
cast their ballots. The secure, private and nonpartisan sanctuary provided by polling
places for studentvoters would be grossly violated and flushed down the drain.
Such an absurd and ridiculous sitauation created by SINAG's erroneous interpretation of
Section 58 has long been denied and rejected by the Student Election Code Revision
Convention when they took the original version of Section 58, which is Section 44 in the
then Revised Student Election Code of DLSUD and updated it to include another class of
partisan agents that are “prohibited from loitering within a 10meter radious of polling
places”: “political party members who are not identified as poll watchers.” This is because
such agents would endanger the secure, private and nonpartisan attributes of
the polling place.
A side by side comparison of the original Section 44 in the old Revised Student Election
Code and its updated version, Section 58 in the new 2008 Revised Student Election Code
would clearly demonstrate this fact:
Old Revised Student Election Code of 2008 Revised Student Election Code of De
DLSUD La Salle University – Dasmarinas
Section 44. Tenmeter Section 58. Tenmeter
Radius Restriction. All Radius Restriction. Ten
candidates and campaign meter Radius Restriction.
managers are restricted from All candidates, campaign
loitering within the 10meter managers and polical party
radius of the polling place, members who are not
during election days as identified as poll watchers are
designated by the USCE. restricted from loitering in
the 10meter radius of the
polling places during the
election days as designated by
4 Sec. 43, Art. VIII 2008 Revised Student Election Code of DLSU-D
5 Sec. 46, Ibid.
6 Sec. 75, Art. X 2008 Revised Student Election Code of DLSU-D
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the SCE. (Underscoring &
Italics supplied.)
Clearly and without doubt, the Election Code Revision Convention never intended to
create the new exemption that allows campaign managers to be identified as poll
watchers as what SINAG argues, claims and has acted upon. On the contrary, the
Convention intended to expand the list of those persons “prohibited from loitering
within a 10meter radius of polling places during election days” from “candidates” and
“campaign managers” to include “political party members who are not identified as poll
watchers.”
With the intention, which is the spirit of the law, crystal clear, Section 58 expands the list
of persons “prohibited from loitering within a 10meter radius of the polling places” and
affirms that candidates and campaign managers, the latter specifically, cannot be
identified and deployed as poll watchers.
Thus, from the foregoing discussion, it is now beyond reasonable doubt that SINAG's
intepretation of Section 58 is erroneous, void of any legal basis, unavailing and should
therefore be righfully rejected, for it leads to an absurd and ridiculous siutation.
Interpretatio telis in ambiguis semper fienda est ut evitetur inconveniens et absurdum.
Where there is ambiguity, such interpretation as will avoid inconvenience and absurdity
is to be adopted7.
Again, the Supreme Court educates in explaining this principle in People v. Duque, 212
SCRA 607, in which they held that:
“The wellknown principles of statutory interpretation are that statues must
be construed in such a way as to give effect to the intention of the
legislature, and so as to give a sensible meaning to the language of the
statute and thus avoid nonsensical or absurd results, xxx xxx xxx.”
Now that SINAG's erroneous interpretation of Section 58 has been discredited, proven
wrong and rejected, their actions in which they deployed their Campaign Managers as
Poll Watchers during the Election Days on March 10 and 11, 2011 are now without legal
basis and it stands on virtually nothing.
This now leads all to a discovery that by deploying their Campaign Managers as Poll
Watchers during the Election Days on March 10 and 11, they have committed an election
offense as defined in Section 75, c. Article X of the 2008 Revised Student Election Code,
which reads:
A. Offenses
Section 75. The following are guilty of an election offense on Election
days:
7 Commissioner of Internal Revenue v. TMX Sales, Inc., 205 SCRA 184 (1992)
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Xxx xxx xxx
Xxx xxx xxx
It is undeniable that SINAG on March 10 and 11, Election Days as set by the SCE have
deployed their Campaign Managers as Poll Watchers in the CEAT Polling Place as well as
in CLA Polling Place, such act clearly falls under Section 75, c. of Art. X and decrees that
those who commit such acts are guilty of an election offense.
SINAG cannot raise as defense their interpretation of Section 58, because this has
already been proven to be erroneous, with the laws of logic, English grammar, statutory
construction and intent of the Election Code Revision Convention all revolt against and
reject such interpretation.
This would only be true at first glance and for those who would commit the fatal mistake
of failing to take time and diligently study the two provisions.
The situation that Section 58 of Article IX is in conflict with Section 75 of Article X and
that Section 58 would supersede Section 75 is nothing more than an illusion, void of any
logic and legal substance.
For upon closer study and taking the two provisions side by side, it would clearly paint a
picture that Section 58 and Section 75 are in fact
complimentary to one another
for
both serve to protect the sacred policy that polling stations should be a secure,
private and nonpartisan place for studentvoters to freely choose and cast
their votes on Election days.
Section 58 of Art. IX enumerates the persons that are “prohibited from loitering within a
10meter radius of a polling place on election days”; they are “candidates, campaign
managers and political party members who are not identified as poll watchers.” For if any
of those persons who would violate Section 58, would be ipso facto guilty of an Election
Offense as commanded in Section 75 of Article X.
“In construing the law aforesaid, care should be taken that every part
thereof be given effect and a construction that could render a provision
inoperative should be avoided, and inconsistent provisions should be
reconciled whenever possible as parts of a harmonious whole8.”
8 JMM Promotions and Management, Inc. vs. NLRC, G.R. No. 109835, November 22, 1993, 228 SCRA 129.
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twin protection to the ensuring that polling places remain secure, private and free from
partisan noise.
It is doubtful, ridiculous and dare say stupid to believe that the Student Election Code
Revision Convention intended to have conflicting provisions in the 2008 Revised Student
Election Code of DLSUD.
SINAG is conveniently forgetting and foolishly ignoring the fact that the very reason the
Student Election Code Revision Convention was convened, sat down and spent many days
in heated and intelligent discussion was to improve the old Election Code, cure its
defects, ensure that its provisions are not in conflict with one another.
Bakit pa magpapatawag ng ECode Revision Convention, gagastos ng malaking salapi
mula sa mga estudyante, gugugol ng mahabang oras, magsasakripisyo ng panahon,
talento at talino ang mga miyembro ng ECode Revision Convention kung sa bandang
huli ay hahayaan at sasadayain lang pala nila na magkaroon ng mga magkakasalungat
na probisyon ang 2008 Revised Student Election Code of DLSUD?
Only two classes of persons would believe so, fools that blindly refuse to reason and logic
and those who are twisting and misinterpreting the law to circumvent the law because
they have unlawful designs and intentions in mind.
Again all that remains now is the fact that SINAG has not only misinterpreted Section 58
of Article IX, they themselves, by deploying their Campaign Managers in polling places on
Election Days, have violated the very same provision. It afforded to them the perfect
opportunity directly or indirectly campaign for their candidates on election day. Quo
aliquid prohibetur ex directo, prohibetur et per obliquum. What is prohibited directly is
prohibited indirectly. For this reason they are now under the provisions of Section 75, c.
Article X which clearly, unequivocally finds them guilty of an election offense.
Those who misinterpret the law, have acted upon that wrong interpretation of it and have
gained benefits cannot raise the defense that it was an 'honest mistake' and claim that
they are entitled to exemption from incurring any penalty. Nullus commodum potest de
injuria propriasua. No man should be allowed to take advantage of his own wrong.
As a rule in statutory construction, “an erroneous contemporanous construction creates
no vest right on the part of those who relied upon, and followed, such construction.
(Agpalo, Statutory Construction, 6th Ed., p. 197)” The Supreme Court further instructs in
Legaspi v. Mathay, G.R. No. 36153, 68 SCRA 253 (1975) that:
It is quite disturbing and odd for SINAG political party to have arrived at an erroneous
interpretation of the 2008 Election Code, being the oldest active political party in DLSU
D, it is expected and presumed that they are wellversed in the established practices and
regulations with regard to conduct of elections. Also note the fact that the part was also
represented and actively participated in the crafting of the 2008 Revised Student Election
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Code in effect today. For this reason, SINAG's insistence on its wrong interpretation of
Section 58 and continued deployment of its Campaign Managers as Poll Watchers on the
two Election Days could only be viewed as a means to circumvent the 2008 Election Code
and gain an undue advantage right on the day of Elections. Playing the innocent victim to
a fatal mistake in order to escape any liability or punishment is void of any reason and
lawful basis.
Simply stated in Filipino, “Ang isang pagkakamali, ay hindi maitatama ng isa pang
pagkakamali.” It would be a fatal and dangerous mistake not follow what is stated in the
2008 Revised Student Election Code of DLSUD.
For it commands in Section 32 of Art. V of the 2008 Election Code states that:
“After due notice and hearing, all registered and accredited political parties
shall be disqualifed on the following:
Xxx xxx xxx
Xxx xxx xxx
c. Culpable violation of this Code, the USC Constitution, and the Student
Handbook and other pertinent school regulations.
Xxx xxx xxx”
In Section 109 of Article XII, it also commands that:
“Any political party, through its members and officers, who have been
found guilty by final decision of the Magistrate, of any election offense
under this Code shall be punished by suffering the revocation of their
accreditation and being banned from participating in the immediately
coming elections. Their candidates shall also be disqualifed from continuing
as a candidate or if has been elected, from assuming the position.”
The facts are clear. They are irrefutable. Reason and the solemn duty to “Uphold and
faithfully implement the [2008] Revised Election Code 9” falls upon the Student
Commission on Election. To run away from this duty would only lead to more fatal
mistakes and greater injustice to the studentvoters.
Thus, it is the mandate of the SCE to apply what is given in the 2008 Revised Student
Election Code, not to interpret its provisions that punish those guilty of election offenses
with disqualification. No less than the Supreme Court has ruled that courts must
administer the law, not as they think it ought to be but as they find it and without regard
to consequences. [Director of Lands v. Abaya, 63 Phil. 559 (1936)]
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Hoc quidem perquam durum est, sed ita lex scripta est, or it is exceedingly hard but so the
law is written.
SENTRO political party cannot and will not simply sit idle and silent in the face of
actions done by persons who take the law into their own hands. For it puts in place ad
hoc law, which in turn perpetuates disrespect for the law. And once we start to loose
respect for the law, we loose a bit of our humanity.
PRAYER
Wherefore, SENTRO Political party respectfully prays that the following:
1. Resolution No. 21 series of 20102011 be declared null and be
set aside.
RESPECTFULLY SUBMITTED.
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