A petition has been filed with the Supreme Court to include “Nota,” or none of the above, and “Tao,” or the above only, in the options in the ballots for the May 2016 elections.
In a petition for mandamus, Bishop Reuben M. Abante, lawyers Eduardo Bringas and Amor Perdigon, and Moses C. Rivera urged the high court to order the Commission on Elections (Comelec) to include Nota and Tao in the ballots as additional options for voters.
Petitioners said the public should be encouraged to vote even if for some of them, only a few of the candidates—or none—were qualified.
“Registered voters who are convinced that no one from the list of candidates will truly promote and protect the interest of the Filipino people are therefore left with the only option not to participate and waive the exercise of their right to vote,” petitioners told the high court.
“This petition seeks to protect and promote the sanctity of the right of suffrage and the credibility of the election process itself by respecting the right of registered Filipino voters to exercise their freedom of choice,” they added.
For the president, vice president, governor, vice governor, mayor and vice mayor positions, there should be a field in the ballot containing the “Nota” option, said the petitioners, while for senators and members of the Sangguniang Pang-Lalawigan, Sangguniang Pang-Lungsod and Sangguniang Bayan, boxes for “Tao” should be included in case less than the number of seats were to be voted, and Nota if voters choose to abstain.
Petitioners also told the high court that some sectors wanted to boycott the elections. To prevent such plan would be to include an abstain vote.
They told the high court that the right to vote should not be limited to the choice of candidates appearing in the ballot.
“If this is the case, then there are no free elections because the electorate is being forced to either choose from the list of candidates or is deemed to have chosen not to exercise his right of suffrage,” they added.
Petitioners added that Nota and Tao votes could be additional safeguards against cheating.
“Moreover, a Tao vote will prevent the automated counting of candidates on ballots where voters voted less than the number of the total seats available for the position,” they said.
If the Nota vote wins in the position of president and vice president, according to the petitioners, the 1987 Constitution has a solution: If no president is chosen, the vice president-elect will take the position in an acting capacity until someone becomes qualified.
In the event no president and vice president were elected, the Senate president or the Speaker of the House shall assume the acting chief executive post until the rightful leaders have been chosen.