SC junks petition to compel Comelec to issue IRR in elections

A petition was dismissed by the Supreme Court (SC) asking to compel the Commission on Elections (COMELEC) to issue implementing rules and regulations (IRRs) and to conduct mandatory public consultations on the selection of election systems to be used in national and local elections.

The SC ruled in a court decision written by Associate Justice Ricardo R. Rosario, that the petition failed to support its claims that there were no IRRs for some of the safeguards in the conduct of automated elections under Republic Act No. 9369 or the Election Automation Law of 2007.

It said the petition suffered from procedural defects like failure to submit proof of service, proper verification and certification against forum shopping, and competent evidence on identity of affiant in affidavit of service.

The petition dismissed was filed by Kilusan ng Mamamayan Para sa Matuwid na Bayan (KMMB); KMMB's member organizations Capitol Christian Leadership, Buklod Pamilya Incorporated, KMP Koalisyong Pangkaunlaran ng Mamamayan, KNK Anak Ng Diyos Kadugo Ni Kristo; Jose Lagunsad Gonzales, Vicente Alejo Macatangay Jr., Sharon Faith Samaco Paquiz, Nelson Java Celis, Melchor Gruela Magdamo, Rodrigo G. Cornejo, and Melanio Lazo Mauricio, Jr.

The petitioners asked the SC to compel COMELEC to issue IRRs and conduct public consultations on the proper implementation of at least 15 mandatory minimum functional system capabilities for an Automated Election System (AES) under Section 7 of RA 9369; proper implementation of similar safeguards under other laws; and poll procedures respecting the right of watchers to “take photographs of the proceedings and incidents.”

Also, they asked honest implementation of the Court's ruling in Bagumbayan-VNP Movement on Voter Verified Paper Audit Trail until the Audit Trail Stage; honest implementation of the electronic signature system so that electoral board members may authenticate or reject each and every electronic transmission of election result before the Board proclaims a winning candidate; compliance with Section 19 of RA No. 9369 requiring electronic transmission of election return copies direct to the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) free from Smartmatic interference; and random manual audit that is truly random.

The SC in resolving the petition, cited that the petitioners cited the conduct of Random Manual Audit and Resolution No. I0088 titled "Amending Certain Provisions of Resolution No. 10057 dated 11 February 2016 or otherwise known as the General Instructions for the BEI (Board of Election Inspectors) on the Testing and Sealing of VCMs, and Voting, Counting and Transmission of Election Results in Connection with the 9 May 2016 National and Local Elections” as among the measures adopted by the COMELEC in ensuring the integrity of the national and local elections.

It said that notable from the present petition is petitioners' citation and elaborate discussion of various COMELEC Resolutions governing the conduct of automated elections.

The COMELEC on other safeguards has been adopted to preserve the integrity of the country’s national and local elections, SC cited its previous rulings on several cases brought before it.

In its ruling, it pointed to the AES Watch case where it mentioned COMELEC Resolution No. 10088 which served as guidelines in the conduct of the 2016 national elections.

The SC also cited its decision in the Capalla vs Comelec case where it held that the Precinct Count Optical Scan (PCOS) machines are capable of digitally-signed transmissions.