SANGGUNIAN NG MGA MAG-AARAL NG MGA

PAARALANG LOYOLA NG ATENEO DE MANILA

STUDENT JUDICIAL COURT

IN RE:
PETITION TO AMEND
ELECTORAL CODE
Case No. 2016 c. 3
ATENEO COMMISSION ON ELECTIONS,
Petitioner.
Court

JACINTO C.M.,
ARANAS,
DEL ROSARIO,
LAGURA,
MEMPIN,
USON MM.

Promulgated : August 20, 2016

Citation
: 2016 SJC 3

DECISION
The opinion of the Court is delivered by MAGISTRATE DEL ROSARIO and
MAGISTRATE MEMPIN.
THE CASE
[1]

This is a petition instituted by the ATENEO COMMISSION ON ELECTIONS

(hereinafter referred to as the Petitioner for brevity) seeking relief from this Court to amend
the 2016 COMELEC Electoral Code (hereinafter referred to as 2016 Code for brevity). The
petition was accepted on 16 August 2016 and subsequently docketed as No. 16-06. The
petition instituted Court Case No. 2016 c. 3.
[2]

In the instant petition, the Petitioner argues that due to the recent ratification of

The 2016 Constitution of the Undergraduate Students of the Ateneo De Manila Loyola Schools
(hereinafter referred to as 2016 Constitution for brevity), the currently in-effect
2016 Code does not adhere to the pertinent revisions introduced in the 2016 Constitution
pertaining to the electoral process.
[3]

The Petitioner states in the petition its urgency as it shall determine the steps

to be undertaken in the preparations for elections to be conducted to fill the vacancies

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2016 SJC 3

in the Sanggunian ng mga Mag-Aaral ng mga Paaralang Loyola ng Ateneo De Manila

(hereinafter referred to as Sanggunian for brevity).
RULING
[4]

The Petitioner brings before this Court three reliefs : (1) that this Court grants

the Petition to Amend the Electoral Code ; (2) that this Court conducts an immediate
and sensible deliberation on the petition at hand ; and (3) that this Court grant any other
just relief as it may deem fit given the facts ad arguments stated in the instant petition.
[5]

This Court reaffirms the legal personality of the petitioner to institute this petition,

as provided for in Sections 1 and 3, Article XII of the 2016 Constitution :

ARTICLE XII
THE COMMISSION ON ELECTIONS

Section

1.

The

Commission

on

Elections

is

the

Official Electoral Body of the Sanggunian.

x x x

Section 3. The Electoral

Code. -

The Commission on Elections shall create an Electoral Code

in full concurrence with this Constitution. In the event of
non-concurrence,

this

Constitution

shall

supersede

the

particular article or section in question of the Electoral

Code.
[6]

This Court also reaffirms the assertion of the petitioner that, as the official judicial arm

of the Sanggunian, this Court has jurisdiction over the approval or rejection of amendments
to the document which the petitioner intends to amend, as provided for in Section 4 of
Article XII of the 2016 Constitution which states :
Section 4. The Board of Commissioners shall review
the Electoral Code for possible amendments every year.
Revisions and amendments made upon the Electoral Code
are subject to the approval of the Student Judicial Court.
[7]

This Court finds merit in the argument presented by the petitioner and unanimously

votes in favor of the petitioners prayer for relief granting them the authority to amend
the 2016 Code.

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2016 SJC 3

On the Need for Court Approval to Amend the COMELEC Electoral Code
[8]

Central to this petition is the question on whether it is necessary for this Court to grant

or reject any such petition for the purpose of amending the 2016 Code, given the premise
that

the

petitioner

is

empowered

by the

same

document

under

Section

of

Article XIV :
ARTICLE XIV
AMENDMENTS
Section 1. Review of Electoral Code. A review of this Code shall be conducted by the Ateneo
COMELEC prior to the next elections for possible clarifications
and/or amendments for the next elections.
[9]

This Court is of the opinion that while the 2016 Code grants the petitioner

such authority, the provisions of the 2016 Constitution, specifically Section 4 of

Article XII, supersedes such provisions :
Section 4. The Board of Commissioners shall review
the Electoral Code for possible amendments every year.
Revisions and amendments made upon the Electoral Code
are subject to the approval of the Student Judicial Court.
[Underscoring and emphasis ours]

[10]

Judicial notice is taken by this Court that the petitioner has used its yearly privilege

to review and introduce revisions and amendments, as seen in the approval of the
2016 Code. However, this Court takes cognizance of the petitioners argument that
the ratification of the 2016 Constitution entails significant changes, particularly in structures
and procedures to be enforced in the Sanggunian Elections, and as such, the granting of the
relief sought for the petition is necessary.
[11]

This Court grants petitioners request to amend the 2016 Code, using as its basis

the provisions of Section 2, Article XV of the 2016 Constitution which provides :

ARTICLE XV
TRANSITORY PROVISIONS
Section 1.
the

Constitution

All By-laws of the Sanggunian, including

and Codes

of

Internal

Procedures

of

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2016 SJC 3

its bodies, are immediately repealed, amended, or modified

accordingly.
[12]

Petitioner is strongly advised by this Court to take advantage of this opportunity

to introduce constitutional and legal revisions and amendments in the 2016 Code
as it is clearly stated in the 2016 Constitution and that they are given the power
to review and introduce revisions and amendments on a yearly basis.
On the Relevance of the Electoral Code
[13]

This Court takes cognizance of pertinent sections of the 2016 Code in determining

the relevance of the document to be amended.

[14]

Article I, Section 2 of the 2016 Code provides for the General Provisions on

Interpretation and Execution of the Electoral Code, which states : the

provisions

of

Section 2, Article XV of the 2016 Constitution which provides :

ARTICLE I
GENERAL PROVISIONS
Section

2.

Interpretation and Execution of the

Electoral Code.
The

Ateneo

Commission

on

Elections

(hereinafter

the

Ateneo COMELEC), shall act as the official interpreter

and executor of all the provisions of this Electoral Code.
This is in consonance with the pertinent provisions of the
2005 Sanggunian Constitution and its most recent amendments,
which charges the Ateneo COMELEC with the administration
and facilitation of Sanggunian elections, plebiscites, and
referenda.
[15]

Article I, Section 3 of the 2016 Code provides for the Scope of the Electoral Code,

which determines where the document shall be applicable :

Section

2.

Interpretation and Execution of the

Electoral Code.
This Electoral Code shall apply to all elections and
such other matters specified in Article XIV, Section 3 of
the 2005 Sanggunian Constitution and its most recent

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amendments.

An

accredited

2016 SJC 3

student

political

party

shall be under the jurisdiction of the Ateneo COMELEC

at all times.
[16]

This Court finds the petitioners arguments, together with the pertinent provisions

in both the 2016 Constitution and the 2016 Code, as sufficient in form and substance
to grant the relief they seek to be granted.
DISPOSITIVE PORTION
[17]

WHEREFORE, this Court unanimously rules in favor of the Petitioners prayer

and grants their Petition to Amend the 2016 COMELEC Electoral Code ;
[18]

This Court directs Petitioner ATENEO COMMISSION ON ELECTIONS to submit

within three (3) calendar days from receipt of this decision the Amended 2016
COMELEC Electoral Code to give the Court ample time to deliberate and approve / reject
the proposed amendments to the said document ;
[19]

This Decision shall be final and immediately executory.

SO ORDERED.

GENEROSO IGNACIO S. JACINTO

Chief Magistrate

NICOLE ANNE G. MEMPIN

Magistrate

JONN ANGEL L. ARANAS

Magistrate

MA. AYESHA NICOLE I. DEL ROSARIO

Magistrate

ANTONIO MIGUEL M. LAGURA

Magistrate

JORELLE R. USON
Magistrate

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2016 SJC 3

CERTIFICATION
[20]

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

above Decision had been reached after deliberation and in consultation with all
of the Magistrates before the case was assigned to the ponentes of the opinion of the
Court.

GENEROSO IGNACIO S. JACINTO

Chief Magistrate