Detained Sen. Ramon “Bong” Revilla Jr. on Tuesday asked the Sandiganbayan First Division to allow him to leave detention and vote in the upcoming May elections in Bacoor, Cavite.
In a motion for escort detainee voting, Revilla, through his lawyers, maintained that he can still exercise his right to suffrage unless convicted.
“It is a basic right that it is only upon conviction that an accused is deprived of his right of suffrage. Before conviction, an accused is entitled to the continuous enjoyment of his civil and political rights, especially his right to participate in his government and express his political will. An accused detainee’s basic human rights are not shed off at the gates of prison, especially since he enjoys the presumption of innocence in his favor,” Revilla said in his motion.
Revilla is facing plunder and graft charges for his alleged involvement in the pork barrel scam. He has been detained at the Philippine National Police Custodial Center in Camp Crame, Quezon City since June 2014.
Citing election rules, Revilla said a detainee can exercise his right to vote either through special polling places or through escorted voting at the precinct where he is registered.
“In recognition of a detainee’s constitutional right to vote, the Commission on Elections (Comelec) promulgated Election Matter (E.M.) NO. 09-005, implementing the right to vote of detainees in national prisons, provincial, city, and municipal jails and other government detention facilities. Pursuant to E.M. No. 09-005, Comelec issued several resolutions , allowing detainees to vote either through the special polling places inside the jails or through escorted voting,” the motion read.
“Senator Revilla is qualified to avail of the escorted voting. First, Senator Revilla is a registered voter in Bacoor, Cavite, a city other than his place of detention in Quezon City. In its Certification dated 19 April 2016, the Comelec verified that Senator Revilla is registered as Voter No. 2103300017108, at Polling Precinct No. 0469-A in Bacoor, Cavite,” it added.
Revilla’s counsel also pointed out that the Comelec Quezon City 4th District, which has jurisdiction over Camp Crame, confirmed that the PNP Custodial Center and the Camp Crame have no special polling places where prisoners may cast their votes.
“Wherefore, Senator Revilla respectfully beseeches this Honorable Court to allow him to vote at Polling Precint No. 0469-A in Bacoor, Cavite on 9 May 2016, pursuant to Comelec Resolution No. 9371, subject to the terms and conditions which this Honorable Court may impose. Other reliefs, just or equitable under the premises, are likewise prayed for,” the motion read. JE