IN THE MATTER OF THE REQUEST OF THE REGIONAL FEDERATION OF SENIOR CITIZENS ASSOCIATION OF THE PHILIPPINES (RFSCAP) R-4B MIMAROPA FOR ISSUANCE OF VOTERS REGISTRATION RECORD AND WAIVER OF PAYMENT THEREOF
This pertains to the Memorandum dated October 28, 2014 of Director Esmeralda Amora-Ladra, Law Department, relative to the request of the Regional Federation of Senior Citizens Association of the Philippines (RFSCAP) R-4B MIMAROPA for issuance of voters registration records and waiver of payment thereof.
The Memorandum of Director Ladra reads:
"This pertains to Minute Resolution No. 14-0729 of the Commission en Banc dated October 14, 2014 directing this Department to conduct a study relative to the request of the Regional Federation of Senior Citizens Association of the Philippines (RFSCAP) R-4B MIMAROPA for issuance of voters registration record and waiver of payment. Pertinent portions of Minute Resolution No. 14-0729 are quoted below for easy reference:
'The Memorandum of Director Villaflor-Roxas reads:
'This has reference to the Memorandum dated 06 October 2014 of Ms. Consuelo R. Bernabe, Chief Administrative Officer, National Central File Division, this Department, seeking clarification on the attached letter dated 02 July 2014 of Mr. Oscar Ricaflanca, Vice-President, Luzon Chapter, Region IV-B MIMAROPA. As indorsed by Atty. Juanito O. Icaro, Regional Election Director, Region IV, requesting for the issuance of Voters Certificate for its senior members, as well as to waive the payment thereof, pursuant to the Expanded Senior Citizens Act of 2013 [sic] under R.A. 9994. xxx"
Minute Resolution No. 09-0884 dated December 1, 2009 provides that legal fees for the issuance of certified true copy of VRR or CVL Form 1-B or certification as registered voter shall be SEVENTY-FIVE PESOS (Php75.00).
The Commission is mandated by the Constitution to enforce and administer all laws, rules and regulations pertaining to elections and it is also the Commission's sacred duty to ensure that all qualified Filipino citizens be afforded their right to suffrage.
In line with this constitutional mandate, the Commission, recognizing the important contribution of our Senior Citizens to the society, has committed to support them by promulgating rules and regulations that would help them in the exercise of their right of suffrage, most notably of which is giving easy access (to polling places) to all senior citizens and Persons with Disabilities (PWDs) during election day.
Section 4 of R.A. No. 10366 provides:
'SEC. 4. Duty of the Commission to Render Assistance to Persons with Disabilities and Senior Citizens. - It shall be the duty of the Commission to render appropriate assistance to persons with disabilities and senior citizens in coordination with government agencies and civil society organizations.'
Statistical Report issued by the Information Technology Department (ITD) on the number of registered voters who are PWDs and Senior Citizens show that there are THREE HUNDRED TWENTY FOUR THOUSAND FIVE HUNDRED SIXTY-ONE (324,561) registered voters who are PWDs and a total of SIX MILLION ONE HUNDRED FIFTY FIVE THOUSAND ONE HUNDRED [FIFTY-EIGHT] (6,155,158) registered voters who are Senior Citizens.
Going back to the issue at hand, Republic Act No. 9994 (Expanded Senior Citizens Act of 2010) which afforded several privileges to senior citizens was enacted pursuant to Section 11, Article XIII of the Constitution.
Section 4 of R.A. No. 9994 enumerated several privileges among which are to be given discounts, i.e. twenty per centum (20%) discounts on some commodities and services. It should be noted however that said discounts cover the sale of commodities and services being offered by commercial establishments and professionals - meaning, for proprietary purposes.
Notwithstanding that legal fees are required to be paid in the issuance of certified true copy of VRR or CVL Form 1-B or certification as registered voter, services offered are governmental in nature and not proprietary, the Commission is still committed to giving premium to the elderly as enunciated by the Constitution and R.A. No. 9994.
In this regard, it is most respectfully recommended that Senior Citizens be exempted from the payment of legal fees for the issuance of certified true copy of VRR or CVL Form 1-B or certification as registered voter based on the following reasons:
- To encourage Senior Citizens to participate in the electoral process;
- As a means of recognition to their invaluable contribution to the society;
- It is the duty of the Commission to render appropriate assistance to senior citizens and PWDs pursuant to the provisions of R.A. No. 10366 and;
- Most especially, it is pursuant to the constitutional mandate of the Commission to ensure that all qualified Filipino citizens be affordable their right to suffrage.
In the same vein, the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), where the Philippines is a signatory, aims to elaborate in detail the rights of PWDs, which includes 'equal participation in political and public life, including the right to vote, to stand for elections and the right to hold public office'.
Section 29 of UNCRPD provides, to wit:
'Article 29 - Participation in political and public life
States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake:
- To ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:
- Ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;
- Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;
- Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;
- To promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:
- Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;
- Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.'
By way of analogy, it is likewise most respectfully recommended that the above-mentioned privilege afforded to Senior Citizens be also made available to all Persons with Disabilities (PWDs) for the same reasons.
For your Honors' consideration Please."
Commission RESOLVED, as it hereby RESOLVES, to approve the foregoing recommendation of Director Esmeralda Amora-Ladra, Law Department, that Senior Citizens be exempted from the payment of legal fees in the amount of Seventy-Five Pesos (P75.00) for the issuance of certified true copy of voters registration record (VRR) or CVL Form 1-B or certification as registered voter as provided in Minute Resolution No. 09-0884 dated December 1, 2009.
RESOLVED, moreover, that Persons with Disabilities, Indigenous Peoples, and Detainees shall also be exempted from the payment of legal fees for the issuance of said documents.
Let the Election Records and Statistics Department implement this Resolution.
SO ORDERED
SIGNED:
- BRILLANTES, SIXTO S., Jr., Chairman
- TAGLE, LUCENITO N., Commissioner
- YUSOPH, ELIAS R., Commissioner
- LIM, CHRISTIAN ROBERT S., Commissioner
- PARREÑO, AL A., Commissioner
- LIM, ARTHUR D., Commissioner
ON OFFICIAL BUSINESS:
- GUIA, LUIE TITO F., Commissioner