VOTING RESULT | 3 PDLs win as barangay kagawad in recent polls, says Comelec

November 1, 2023 , 06:40 PM

By Beatrice Puente

(November 1, 2023) – Three persons deprived of liberty (PDLs) won in the recent barangay and Sangguniang Kabataan (SK) elections, the Commission on Elections (Comelec) said.

Comelec chairperson George Garcia, who’s also an election lawyer, explained that PDLs can exercise their right to suffrage as long as they have not been convicted with finality by the court. Along with the right to vote, Garcia said PDLs also maintain their right to be voted upon during the elections.

“Ibig sabihin, ang kanilang mga kaso ay kasalukuyang nililitis o ang kanilang mga kaso ay kasalukuyang nakaapela sa mas mataas na korte. Dahil diyan, sila ay pinapaboto at sila ay (puwede ring maging) kandidato,” Garcia told reporters on Tuesday.

But Garcia recognized that the elected PDLs may have a limited opportunity to exercise their mandate due to their imprisonment.

“Habang sila ay nakakulong, syempre hindi naman sila puwedeng mag-dispose ng kanilang powers and functions. Kaya lang, kung sakaling sila ay makalaya later o kung sakaling maabsuwelto sila sa kasong kanilang kinakaharap, saka magtutuluy-tuloy ang kanilang panunungkulan,” added Garcia.

Records from the Comelec showed that the three PDLs were all elected as kagawad in their respective barangays—Barangay Kay Buto in Tanay, Rizal; Barangay Datu Esmael in Dasmariñas City, Cavite; and Barangay Ipunan in Cagayan De Oro City.

Benhur Abalos Jr., the secretary of the Department of the Interior and Local Government (DILG), said they will discuss the matter with the Comelec and the Bureau of Jail Management and Penology. One thing he assured is that these three PDLs won’t be given any preferential treatment despite winning.

“‘Di naman porke nanalo kang kapitan ay 24 hours kang nasa telepono (at) may cellphone kang sarili. Hindi puwede ‘yun,” said Abalos in the Kapihan sa Manila Bay forum. “Kung ano ang (panuntunang) meron tayo sa kulungan ay susundin pa rin natin ‘yun. We must not sacrifice these policies of the government.”

Comelec spokesperson John Rex Laudiangco said the communication of the PDLs with their respective barangays will be one of the primary things that the authorities will have to sort out.

“Titingnan namin ‘yan,” said Laudiangco. “Sabi nga ni Chairman Garcia, kung hindi naging imposible ang pagtakbo, hindi naging imposible ‘yung pagkakuha ng boto, baka rin naman daw hindi imposible ‘yung pamamahala nang wala sila physically roon sa kani-kanilang mga barangay.”

Last year, the Supreme Court denied a petition that challenged the Comelec’s resolution on PDL voting after the petitioner failed to show an actual controversy. It paved the way for the registration of eligible voters in jail not only for the national but also for the local elections.

The Comelec welcomed last year the high court’s decision for affirming what it described as the poll agency’s “commitment to rule of law, due process, fair, play, and equity.”

Meanwhile, the Commission on Human Rights also saw the court’s ruling as something that “ensures the fair and equal political franchise of all qualified citizens of the country.”

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