SC overturns Comelec, allows voting receipts

MANILA, Philippines – In another reversal of an order of the Commission on Elections, the Supreme Court (SC) has directed the Comelec to issue receipts to voters in the general elections in May.

Voting unanimously, the SC ordered the poll body to enable the voter verified paper audit trail (VVPAT) feature of the vote counting machines (VCM) to be used for the polls.

But the SC made clear it issued the order “without prejudice to the issuance of guidelines to regulate the release and disposal of the issued receipts to ensure clean, honest and orderly elections.”

Amid concerns that the receipts would encourage vote buying, the high court suggested that guidelines include a system of “ensuring that after voter verification, receipts should be deposited in a separate ballot box and not taken out of the precinct.”

The SC has not released copies of the decision as the magistrates have yet to sign it.

The Comelec said it is holding an emergency meeting today to discuss the activation of the VVPAT.

In issuing the decision, the SC granted the petition filed by a group led by former senator Richard Gordon last month.

The court ruled on the case without the side of the poll body, which failed to submit its comment on the petition.

The senatorial candidate argued the Comelec violated Republic Act 9369 (Automated Elections System Law), which he authored when he was still in the Senate, in deciding not to activate the VVPAT feature.

Gordon warned that without such feature, it would be easier for candidates or their supporters to manipulate the results of the elections.

Two similar petitions were filed by former Manila councilor Greco Belgica and political party Partido Demokratiko Pilipino-Laban ng Bayan (PDP-Laban), but these were not consolidated in the case filed by Gordon.

Emergency meet

Comelec chairman Andres Bautista said today’s meeting would be attended not only by ranking poll officials but also by representatives of  Smartmatic and other stakeholders involved in the preparations for the May elections.

“We have yet to receive a copy of the SC decision, but we are holding an emergency meeting to tackle the effect of the ruling,” Bautista said.

He said the Comelec needs to make some adjustments including revising the timeline for election preparations.

But Comelec officials said their biggest concern is the overseas absentee voting set on April 9 as the storage device has already been sent abroad.

The poll body said the storage device has to be re-configured so it would function properly with the activation of the VVPAT.

Sought for comment on the SC decision, the former senator said it was “a victory for the people, a victory for democracy and victory for clean elections.”

He told The STAR in a telephone interview that he had never doubted the SC’s capability to see the merits of his case.

Gordon also expressed hope the Comelec would work harder and abide by the SC decision.

Vice President Jejomar Binay also said the SC decision was a welcome development and a “substantial compliance” with the law.

In Davao City, presidential candidate Rodrigo Duterte’s spokesman Peter Laviña said the SC “upholds the law on automated elections” in issuing the ruling.

“This would allay fears of the people that their votes will not be counted properly,” Laviña said.

“We shall continue to call on Comelec to make the elections peaceful and orderly,” he said.

“We urge the Commission on Elections to capture the spirit behind the SC ruling and uphold and protect the sanctity of the vote of the people,” he added.

Sen. Aquilino Pimentel III, chairman of the Senate committee on electoral reforms, said that while the Comelec can file a motion for reconsideration, it “should start the preparations to comply.”

“Even if the MR is still pending, they should start bidding for additional paper. They should do that at once,” Pimentel added. “The Comelec is now left with no choice.

“They should not sleep on the issue while the motion for reconsideration is pending. They should assume that the decision will not be reversed,” he stressed.

He said in implementing the SC order, the Comelec does not have to buy new ballot boxes for voter receipts as the old ones will do.

“The receipt is not the official count. It will not affect the official count. It is just for the benefit of the voter to know his vote,” Pimentel said. – Edu Punay, Mayen Jaymalin, Edith Regalado, Helen Flores, Christina Mendez