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Wednesday, February 25, 2004
Comelec's selective automation plan hit
By Marie Neri
MANILA -- The plan of the Commission on Elections (Comelec) to implement selective automation for the May 10 elections was criticized by both government officials and the National Movement for Free Elections (Namfrel).
The first to criticize the move was Vice President Teofisto Guingona who said Comelec's action is a clear abuse of discretion.
He said the Supreme Court (SC) already ruled that the Automated Counting Machines (ACMs) are not allowed in the May 10 elections.
But the Comelec insisted that they would use the ACMs if they will be allowed to use it at no cost by the supplier.
Guingona said Comelec wrongly interpreted the ruling.
Sen. Aquilino Pimentel said aside from being prohibited by the SC, the reliability of the said machines is highly questionable.
Namfrel chairman Jose Concepcion said the ACMs can cause trending of election results that can confuse the public as to the official count.
Concepcion said the Comelec could be accused of rigging the election process if they pursue the selective automation.
Comelec said it would not violate the ruling of the Supreme Court (SC) rejecting the automation contract entered into with Mega Pacific eSolutions should it push through with the implementation of the selective automation of the May 10 elections.
Comelec commissioner Resurreccion Borra said the commissioner is looking into the possibility of implementing automated counting of the votes in the National Capital Region (NCR), Autonomous Region in Muslim Mindanao (Armm) and some cities in the Visayas.
"Comelec is the one implementing the election laws. Despite the questions of some people, we are the ones mandated by the Constitution and the law, we are the ones who are responsible, we are the ones accountable," Borra said.
According to Borra, the SC cannot hold them in contempt because they will not be implementing the contract, which the High Tribunal nullified last January.
"The present arrangement and the proposal to make use of the machine still has to be decided by the commission en banc. They're (referring to the automated counting machines) here, they have already been tested, the software in terms counting and canvassing have already been completed and the test certification group has already stated that it is in accordance with issue standard," Borra further explained.
However, Borra said they want to utilize the counting machines supplied by Mega Pacific since the equipment already passed accuracy testing performed by the Department of Science and Technology (DOST).
"If Mega Pacific will allow us to use (the machines) without any rent, without any (financial) consideration, we will use that," he added.
Of the 1,991 counting machines, Borra said they might use 1,400 of them with 200 to be deployed to Armm, 750 will be deployed to NCR along with back-up machines and the remaining machines will be utilized in selected municipalities and cities of Visayas.
Borra said the commission would be implementing two counting systems -- manual and automated -- once the matter has been ironed out.
Borra said the commission is merely acting on a petition filed by several congressmen who appealed to the commission to implement a partial automation.
Borra also said mayors in Metro Manila and in the Visayas also made the same appeal, Borra said.
Petition
In a related development, two lawyers asked the SC to nullify what they described as "legally and constitutionally defective" ad interim appointments by Malacaņang of Virgilio Olivar Garcillano and Manuel A. Barcelona Jr. as new members of the Comelec.
In a 32-page petition, lawyers Agripino Baybay III and Paulino Ungos said the appointments made by President Arroyo early this month "is violative of the Constitutional provision requiring a confirmation process through Congress."
Garcillano and Barcelona replaced Comelec commissioners Luzviminda Tancangco and Ralph C. Lantion, who both retired last February 2.
The petitioners said "in appointing the respondent appointees while knowing fully well that there is absolutely no way for the Commission on Appointments (CA) to pass upon and confirm their appointments, President Arroyo did not act with requisite prudence and care, and consciously sidestepped the confirmation process required by the Constitution."
Aside from Garcillano and Barcelona, also named as nominal respondent in the case was Executive Secretary Alberto G. Romulo.
The petitioners said "the President had all the time to submit her nominations for the two vacancies in the Comelec," but that the petitioners were appointed five days after the vacancies came to be and a day after Congress adjourned last February 6.
Garcillano has been criticized for his alleged involvement in previous election irregularities while he was the regional director of the Comelec in Mindanao, while Barcelona was a financial contributor of then vice presidential candidate Gloria Arroyo in the May 1998 elections.
The petitioners also described as "unprecedented" the act of Garcillano and Barcelona in taking part in deliberations of the Comelec en banc on the disqualification petition against presidential candidate Fernando Poe Jr., noting that "without even being required to do so," they filed with the SC their respective comments on the petition.
(February 25, 2004 issue)
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