MANILA, Philippines – After the precinct count optical scan (PCOS) machines malfunctioned in Metro Manila and in several provinces, the Supreme Court has ordered the Commission on Elections (COMELEC) to make public the details of its preparations for the automated elections.
In a 20-page resolution, the high court, through Senior Justice Antonio T. Carpio, granted the petition in part of Teofisto Guingona, Jr., Bishop Leo Soriano, Jr. Quintin Doromal, Fe Maria Arriola, Isagani Serrano, and Engineer Rodolfo Lozada, giving the Comelec two days from receipt of its resolution to disclose to the public the following:
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(1) the nature and security of all equipment and devices, including their hardware and software components, to be used in the May 10, 2010 automated elections, as provided in Section 7 of RA 9369;
(2) the source code for review by interested parties as mandated by Section 12 of RA 9369;
(3) the terms and protocols of the random manual audit, as mandated by Section 24 of RA 9369;
(4) a certification from the Technical Evaluation Committee that the entire Automated Election System is fully functional and that a continuity plan is already in place, as mandated by Sections 9 and 11 of RA 9369, and;
(5) the certification protocol and the actual certification issued by the Department of Science and Technology that the 240,000 Board of Election Inspectors all over the country are trained to use the Automated Election System, as required by Section 3 of RA 9369.
“There can be no doubt that the coming May 10 elections is a matter of great public concern. On election day, the country’s registered voters will come out to exercise sacred right to suffrage. Not only is it an exercise that ensures the preservation of our democracy, the coming elections also embodies our people’s last ounce of hope for a better future,” the high court said.
“The Court may, and given the alarming developments of late in the run-up to the May 10 2010 elections, should compel Comelec to disclose the complete details of its preparations,” the Court added.
The high court said the public’s constitutional right to information was “intertwined with the government’s constitutional duty” to make transparent all transactions involving public interest.
It reminded the Comelec that Section 52 (j) of Batas Pambansa Blg 881, or the Omnibus Election Code, the Comelec has the duty to carry out a continuing and systematic campaign to educate the public about elections laws, procedures, decisions and other matters related to its duties.
Also, Section 5 (e) of R.A. 6713 or the Code of Conduct and Ethical Standards, mandates all public documents to be made accessible to, and readily available for inspection, by the public.
The high court also added that Section 3 of R.A. 9184 or the Government Procurement Reform Act and Section 2 of R.A. 9525 or An Act Appropriating P11 billion for Automated Election System mandates transparency in the procurement process and in the implementation of procurement contracts.
“Respondent Comelec cannot shirk its constitutional duty to disclose fully to the public complete details of all information relating to its preparations for the 10 May 2010 elections without violating the Constitution and relevant laws. No less than the Constitution mandates it to enforce and administer election laws. The Comelec chairman and the six commissioners are beholden and accountable to the people they have sworn to serve.”
“This Court, as the last bulwark of democracy in this country, will spare nothing in its constitutionally granted powers to ensure that the fundamental right of the people to information on matters of public concern, especially on matters that directly affect our democratic processes, is fully guaranteed, protected, and implemented,” the Court said.
Senior Justice Carpio was joined by Chief Justice Reynato S. Puno and Justices Conchita Carpio Morales, Antonio Eduardo B. Nachura, Teresita J. Leonardo-De Castro, Arturo D. Brion, Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. Del Castillo, Martin S. Villarama, Jr., Jose P. Perez, and Jose C. Mendoza.
Dissenting justices were Renato C. Corona, Presbitero J. Velasco, Jr. and Roberto C. Abad.
First Posted 19:10:00 05/06/2010
By Tetch Torres
INQUIRER.net
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