The National Press Club of the Philippines (NPC), joined by two other groups, asked the Supreme Court (SC) on Wednesday, March 23, to compel the Commission on Elections (Comelec) to allow public scrutiny of the preparations for the coming 2022 national and local elections.
Specifically, the NPC – joined by the Automated Election System Watch (AES WATCH) and the Guardians Brotherhood, Inc. (GBI) – wanted the SC to direct the Comelec to implement digital signature, disclose critical information, and allow access to printing of ballots to be used in the elections.
Their pleas were contained in a petition for mandamus.
Their petition asked the SC to compel the Comelec to allow political parties, candidates, accredited media, and other concerned organizations to scrutinize the following:
Disposition or destruction of the reported 5.2 million defective ballots.
Configuration and preparation of the SD (secure digital) cards to be used in the vote-counting machines (VCMs) through Comelec-accredited observers in the Sta. Rosa, Laguna warehouse, including access to and examination of the SD cards that have already been configured and prepared without the presence of observers and allow the public to observe pre-logic and accuracy test (Pre-LAT) and other tests to be conducted.
Preparation, testing, and deployment of the VCMs and all its parts, attachments and tools through Comelec accredited observers.
National Technical Support Center, technical hubs, including data centers, provincial and regional hubs.
Transmission diagram or data/communications network structure including the details of the transmission of the transmission router server and/r the “Meet-Me Room,” and all devices and equipment that will be used to transmit election results.
They said the Comelec is required by Republic Act No. 9369, the Automated Election System (AES) Law, to inform the public of its compliance with the minimum system capabilities required under the AES.
Specifically, they said, Section 14 of RA 9369 allows political parties and candidates or their representatives, and citizens’ arm or their representatives to examine and test the equipment or device to be used in the voting and counting of ballots.
On the printing of ballots, they said Section 187 of the Omnibus Election Code provides that the Comelec should allow political parties or civic, religious, professional, business, service, youth or any similar organizations to observe and witness the printing of ballots.
Also, they said that Section 22 of RA 9369 provides that each election return be signed and thumb marked by all the members of the Election Boards.
They pointed out to the SC that the Comelec has not been transparent in the preparation for the coming elections as it has been refusing to allow observers in the printing of ballots and configuration of the SD cards and VCMs.
They also said they were not given access to reported 5.2 million printed ballots that were declared defective.
“However, considering that there were no observers during the printing of the ballots, there is no way to verify if these 5.2 million ballots are truly defective. Worse, these ballots are not properly accounted for. Thus, it is possible that these ballots are really not defective and can be used to cheat in the coming elections,” the petitioners said
They said: “In totality, it is established that Comelec is not being transparent in all automated election system and is putting the public in the dark. This is a very dangerous precedent as Comelec itself is willfully hiding critical information about the entire automated election system. This is an anathema to the principles of transparency and credibility as there exists a blind spot in the entire election architectural structure.”