SANGGUNIAN NG MGA MAG-AARAL NG MGA

PAARALANG LOYOLA NG ATENEO DE MANILA

STUDENT JUDICIAL COURT

BETWEEN

JULIA DARYL S. LENARZ

First Petitioner
KJERRIMYR R. ANDRES
Second Petitioner
ATENEO DEBATE SOCIETY
Third Petitioner

AND

Court:

COMMISSION ON ELECTIONS
Respondent

Pepito C.M., and Gaite, Pineda, Segismundo, Sta. Isabel, and Villaruel MM.

Counsel: Paulina Blanca Robles for Third Petitioner

Issued:
No.:

February 25, 2015

20151

TEMPORARY RESTRAINING ORDER

AND SUBPOENA DUCES TECUM
[1]

The First Petitioner has filed an appeal for a temporary restraining order on

Memorandum No. 201527 (Memo 201527) of the Commission on Elections

(Commission) through a Petition for Review and Permanent Injunction (first petition)
(No. 1503) filed on February 24, 2015.
[2]

The First Petitioner assails the legality of Memo 201527 which called for the

extension of the Sanggunian elections up to February 24, 2015. The First Petitioner argues
that the Commission failed to substantiate its reasons for the extension which, stated in its
subsequent Memorandum No. 201528 (Memo 201528), were the problems in manpower
which then resulted to unmanned election booths during the regular election period. The
Commission argues that this affected the voter turnout. The Second Petitioner, in a separate
petition (second petition) (No. 1504), argues that the Commission has not been
transparent due to the apparent vagueness of Memo 201528 which provided the rational for

Temporary Restraining Order

and Subpoena Duces Tecum

20151

the extension of the election period. The Third Petitioner, in another separate petition (third
petition) (No. 1506), also assails the legality of Memo 201527 and also argues that Memo
201528 fails to substantiate the extension of the election period as stated in Memo 201527.
[3]

Furthermore, both the First and Third Petitioner argues that the Commission failed to

provide quantitative data on its operations during the election period which can substantiate
its claim in Memo 201528 that the unmanned voting booths adversely affected voter turnout.
[4]

As regards this specific issue of the Commissions rationale for extending the election

period, as provided by Memo 201528, the Court similarly fails to find substantial reason for
the extension. Furthermore, in the Commissions own reply (No. 1505) to the First and
Second Petitioner, the Commission presents the same argument unmanned voting booths
adversely affected the ability of some students to vote.
[5]

As the votes that were cast during the contested extension period inevitably affected

the overall results of the Sanggunian general elections, the Court only finds it practical and
appropriate to temporarily restrain the release of the official results of the elections until the
Court issues its judgment on the specific controversy of Memo 201527 that provided for such
an extension. Thus, the Court finds it necessary to issue a judgment on Memo 201527 before
the constitutionally mandated deadline for the release of the election results. Due to
considerable time constraints, the Court therefore orders the Commission to hold the release
of the official results of the election up to the latest allowable time by the Constitution or up
to when the Court issues its judgment on Memo 201527, whichever comes first.
[6]

Based on the arguments of the petitioners against the extension of the election period,

a preliminary factor the Court can consider is whether the Commissions actionthe
extension of the election periodconstitutes a commensurate recourse to what it argues as
the issue of the unmanned voting booths. The Court thus considers specific information on
the unmanned voting boothsthe reasons why the booths were unmanned, the number of
hours such booths were unmanned, and any other relevant informationas material to this
specific issue. The Court therefore orders the Commission to furnish it within the day of this
orders release with the relevant information on the unmanned booths. Beyond this deadline,
the Court will issue a judgment whether or not the Commission furnishes it with the
information

Temporary Restraining Order

and Subpoena Duces Tecum

*
[7]

20151

The Commission is ordered to hold the release of the official results of the election to

February 26, 2015 at 11:59 p.m. or up to when the Court issues its judgment on Memo
201527, whichever comes first (see par. 5).
[8]

The Commission is ordered to furnish this Court no later than February 25, 2015 at

11:59 p.m. with the relevant information on the unmanned booths (see par. 6).