SANGGUNIAN NG MGA MAG-AARAL NG MGA

PAARALANG LOYOLA NG ATENEO DE MANILA

STUDENT JUDICIAL COURT

GIAN PAULO ALBERTO V. SOLIMAN
Petitioner
v.
ATENEO COMMISSION ON ELECTIONS
Respondent
Case No. 2016 c. 1
Court

: VILLARUEL C.M., AQUINO, HERBOSA,

JACINTO, ORIBELLO, VINUYA MM.

Promulgated : April 10, 2016

Citation
: 2016-1

RESOLUTION
PER CURIAM
THE CASE
[1]

This is a petition instituted by GIAN PAULO ALBERTO V. SOLIMAN (hereinafter

referred to as Petitioner for brevity) against the ATENEO COMMISSION ON

ELECTIONS (hereinafter referred to as Respondent for brevity) seeking the issuance of
an Injunction to stop all operations and electoral exercises pertaining to the 2016 Sanggunian
General Elections (hereinafter referred to as Elections for brevity). Pending resolution of
the same, the petitioner prays for the issuance of a Temporary Restraining Order. The
petition was accepted on 8 April 2016 and subsequently docketed as No. 16-01.
[2]

In the instant petition, the Petitioner brings to this Court a speculation on the risk of

misrepresentation of the general student body should the elections push through as scheduled.
The Petitioner argues that the conduct of elections has sufficiently damaging effects,
meriting the issuance of a Temporary Restraining Order.

Resolution

[3]

2016-1

Respondent COMELEC has filed with this Court its Reply to the Petition relative to

the prayer for the issuance of a Temporary Restraining Order. The Court has taken note of
the points raised by the Respondent and has taken the same in consideration in this
Resolution. The Reply was accepted on 10 April 2016 and subsequently docketed as
No. 16-02.
RULING
[4]

Central to the acceptance or dismissal of any petition filed before this Court is the

appropriateness of the legal relief being sought. In the instant petition, the petitioner raised
the prospect of misrepresentation in the student body.
[5]

A Temporary Restraining Order will be issued by this Court if the petitioner will

suffer irreparable damage or injury.

[6]

While the Court finds the prospect of misrepresentation of the student body an issue

worth further discussion, the Court rejects the Petitioners argument that the issuance of a
Temporary Restraining Order is necessary.
On the Issue of Granting a Temporary Restraining Order
[7]

While the Court appreciates the Petitioners effort to impress the urgency of the

matter, specifically, the date of Elections, this Court finds no merit or mention of an
argument leading towards the issuance of a Temporary Restraining Order.
[8]

This Court remains unconvinced that irreparable damage or injury will be committed

by the Respondent should it not be restrained of its constitutional mandate to hold the
Elections as presently scheduled.
[9]

As stated in the reply of the Respondent, a Poll Officers Training is scheduled on

Monday, 11 April 2016, in preparation for the Elections. It is the opinion of this Court that
this immediate operational exercise of the Respondent will not constitute irreparable damage
or injury to the Petitioner. Rather, restraining this act will cause irreparable damage or injury
to the Respondent as its officers will not be equipped with the requisite skills to ensure the
efficient conduct of the Elections.

Resolution

2016-1

On the Mandate to Conduct Elections

[10]

The Respondent is described by The 2005 Constitution of the Undergraduate Students

of the Ateneo de Manila Loyola Schools (hereinafter referred to as Constitution for

brevity) as:
(1) an independent body serving as the electoral arm of the Sanggunian, charged
with the administration and facilitation of Sanggunian elections, plebiscites, and
referenda (Article XIV Section 1, Constitution).
[11]

The Respondent is mandated by the Constitution to conduct the Elections on a

specified date:
(1) The Central Board and School Boards, with the exception of the Freshman
Officers, shall be elected by the student body not earlier than sixty days and not
later than thirty days before the end of the school year (Article XV Section 3.a,
Constitution).
[12]

This Court takes judicial notice of the Memorandum promulgated by the Respondent

entitled Ateneo COMELEC Calendar for SY 2015-16, 2nd Semester (COMELEC MEMO No.
201635, subject of the petition before this Court). The stipulated dates for the Elections are
April 14-15 and 18-20, 2016.
[13]

Given the mandate of the Constitution, this Court takes note that the dates scheduled

by the Respondent maximizes the prescribed date of the conduct of the Elections. It is
therefore incumbent that they prepare for the Elections with due diligence unless restrained
by this Court.
DISPOSITIVE PORTION
[14]

Wherefore this Court unanimously rules to deny Petitioners prayer for the issuance

of a Temporary Restraining Order to stop Respondent Ateneo COMELEC from continuing

all operations and electoral exercises pertaining to the Elections;
[15]

This Court shall deliberate on the merits of the issuance of an Injunction in a separate

en banc session.

Resolution

2016-1

SO ORDERED.
CRISTINE MARIE C. VILLARUEL
Chief Magistrate

EMMANUEL ROY M. AQUINO

Magistrate

JONNEL R. HERBOSA
Magistrate

GENEROSO IGNACIO S. JACINTO

Magistrate

CARL JOEPET R. ORIBELLO

Magistrate

JOHN RAPHAEL V. VINUYA

Magistrate

CERTIFICATION
[16]

Pursuant to the Rules of Court, I hereby certify that the conclusions in the above

Resolution had been reached in consultation with the rest of the Magistrates before the case
was assigned to the writer of the opinion of the Court.
CRISTINE MARIE C. VILLARUEL
Chief Magistrate