CHIEF Justice Maria Lourdes Sereno chided the Commission on Elections Thursday for failing to respond to the petition filed before the Supreme Court asking it to compel the poll agency to issue receipts to voters.
“When we say that a deadline is non-extendible it is to be taken seriously,” Sereno told reporters during the 21st annual convention of the Philippine Women Judges Association.
“When a matter is under litigation before a court the procedure is to make such communications with the court.”
On Tuesday, the Court ordered the Comelec to enable the voter verified paper audit trail feature of the vote counting machines to be used during the May 9 elections. The justices ruled on the case without considering the side of the Comelec, which failed to submit its comment on the petition filed by former senator Richard Gordon.
Sereno said the Court gave the Comelec a non-extendible five-day deadline to respond because it didn’t want to be an obstacle to the 2016 elections.
In his decision, Associate Justice Marvic Leonen cited the Comelec’s failure to file a comment within the time required by the court.
“It perplexes this court that the Commission on Elections failed to immediately transmit relevant documents to the Office of the Solicitor General [which represents the Comelec in the case] to allow them to respond within the time granted,” the ruling said.
“It is not often that this court requires the filing of a comment within a non-extendable period… We have set aside a lot of our time focusing on election issues and you can see how fast we have been working,” it added.
Despite the Comelec’s failure, Sereno said the justices looked into the merits of the case before rendering their 14-0 ruling.
“I think that the most important part was the law itself. As you can see in the resolution that had been penned by Justice Leonen and unanimously concurred in, we looked at the law and we found that its character is mandatory. So until there is something that is exceptional we have to apply it as a mandatory requirement,” Sereno said.
The Court said the Automated Election Law was clear when it said receipt-printing capabilities should be put in place as part of the minimum safeguards provided by law.
“Compliance with the minimum system capabilities entails costs on the state and its taxpayers. If minimum system capabilities are met but not utilized, these will be a waste of resources and an affront to the citizens who paid for these capabilities,” the Court ruling said.
Earlier, the Comelec had deactivated the VVPAT, saying that the receipts could be used for vote-buying activities.
The Court said the poll body could not simply breach requirements of the law just “to assuage its fears regarding the VVPAT.”
“The Commission on Elections has the power to choose the appropriate procedure in order to enforce the VVPAT requirement under the law, and balance it with the constitutional mandate to secure the secrecy and sanctity of the ballot,” it said.
Asked about Comelec Chairman Andres Bautista’s warning that the elections might be postponed as a result of the decision, Sereno said such concerns should be submitted to the Supreme Court.
“We don’t take matters that are aired before the media and that are not properly raised before us,” Sereno said.
The Palace said it was confident that the Comelec can ensure orderly elections despite the Supreme Court ruling.
“We trust that the Comelec will exert all efforts to ensure the orderly conduct of the national elections while complying with the Constitution and with the Supreme Court decision,” Communications Secretary Herminio Coloma Jr. said in a text message to the Malacañang Press Corps.
Bautista had earlier said they were considering postponing the elections because of the delays reactivating the printed receipts would entail.
Presidential candidate Davao City Mayor Rodrigo Duterte slammed the Comelec for suggesting a postponement.
He said the printed receipts were put in place to guarantee transparency.
“Those are the things that are put in place by law. Why didn’t they implement it? There’s a problem now. I don’t know how the Comelec will resolve that.”
Duterte’s running mate, Senator Alan Peter Cayetano, said it was unacceptable that the Comelec was not ready for the May 9 elections.
“I don’t see a reason, given the constitutional powers given to the Comelec, that the election would be postponed or held for more than one day,” he said.
Vice presidential candidate Senator Ferdinand Marcos Jr. also chided Bautista for raising the possibility of a postponement, saying this did not sit well with its mandate to conduct the elections on the date set by law, which is the second Monday of May.
Presidential candidate Senator Grace Poe and her running mate, Senator Francis Escudero, said the Comelec may not postpone the elections because May 9 is the day mandated by the law.
“The Comelec always has a threat—the printing will not push through, there will be printing. We will have a manual election, we will not have a manual election. I understand there is always pressure on the chairman of Comelec, but there is a law that we should follow,” Poe said.
Gordon, who wrote the Automated Election Law, said the Comelec should stop making excuses.
“They should not paint a doomsday scenario… Just do it because it’s the law and the order of the Supreme Court. It’s clear: follow the law,” Gordon said.
“The Supreme Court’s ruling is a victory for the people, a victory for democracy and victory for clean elections. Thanks to the Supreme Court, which is truly the last bastion of justice and democracy. The decision demonstrated that government agencies, like the Comelec, will never be allowed to run roughshod over peoples’ rights and will not get away with flagrant violations of the country’s laws,” he said.
Gordon expressed hope that the poll body would work harder and comply with the tribunal’s order instead of raising difficulties as a cop out.
Senatorial candidate and Leyte Rep. Martin Romualdez said a postponement was “unacceptable and unthinkable” and could damage democracy.
“It is the mandate of the Comelec to ensure that the will of the people is respected and protected. The challenge is for them to safeguard the country’s democracy. A no-election scenario will only create chaos and damage our democratic system,” Romualdez said. With Sandy Araneta, Rio N. Araja, Maricel V. Cruz
