September 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 189235 : September 22, 2009] PABLO P. GARCIA, HERMILANDO I. MANDANAS & ANTONIO H. CERILLES V. COMMISSION ON ELECTIONS & SMARTMATIC TIM CORPORATION:
[G.R. No. 189235 : September 22, 2009]
PABLO P. GARCIA, HERMILANDO I. MANDANAS & ANTONIO H. CERILLES V. COMMISSION ON ELECTIONS & SMARTMATIC TIM CORPORATION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated September 22, 2009
G.R. No. 189235 (Pablo P. Garcia, Hermilando I. Mandanas & Antonio H. Cerilles v. Commission on Elections & Smartmatic TIM Corporation)
Petitioners Congressmen come before the Court and pray for the declaration of the full automation of the nationwide May 10, 2010 elections by the Commission on Elections (COMELEC) as unauthorized and illegal, as well as the declaration of the illegality and nullity of the public bidding COMELEC conducted for the procurement of the technology and machines to be used for the automation. As a logical corollary, they pray that the award of the contract for the supply of the technology and machines for the automation elections to SMARTMATIC TIM Corporation be struck down as illegal, unauthorized, and void from the beginning. Furthermore, petitioners pray that a Writ of Preliminary Injunction or a Restraining Order be issued to restrain respondent COMELEC and SMARTMATIC TIM Corporation from taking any further steps or activities towards the automation of the May 10, 2010 elections.
In support of their prayers, petitioners argue that COMELEC is without authority to fully automate the May 10, 2010 elections nationwide owing to its failure to automate the May 2007 elections in defined pilot areas as mandated by Republic Act No. (RA) 9369.[1] They assert that the pilot run contemplated in RA 9369 is a condition sine qua non to the full automation of the May 10, 2010 nationwide elections. What is more, petitioners allege that the RA 9369 also imposes another pre-condition before full automation may be implemented, i.e., that the chosen system must have demonstrated capability and must have successfully been used in a prior electoral exercise in the country or abroad. To petitioners, the twin mandatory conditions have not been complied with. As a result, they add, the manual system of voting should be continued, upheld, and enforced.
Likewise, petitioners contend that the Precinct Count Optical Scan machines have failed to meet the minimum functional capability requirements of RA 9369.
In essence, petitioners assert that the actions of COMELEC in fully automating the May 10, 2010 elections nationwide and in entering into a contract with SMARTMATIC TIM Corporation violated RA 9369.
The significant and substantive issues raised by petitioners have been, however, considered, squarely addressed, passed upon at length, and resolved by this Court in H. Harry L. Roque, Jr., et al. v. COMELEC, et al.[2] As such, the Court resolves to DISMISS the instant petition for virtually being moot and academic.
No costs.
Puno, C.J., Quisumbing and Carpio, JJ., on official leave.
G.R. No. 189235 (Pablo P. Garcia, Hermilando I. Mandanas & Antonio H. Cerilles v. Commission on Elections & Smartmatic TIM Corporation)
Petitioners Congressmen come before the Court and pray for the declaration of the full automation of the nationwide May 10, 2010 elections by the Commission on Elections (COMELEC) as unauthorized and illegal, as well as the declaration of the illegality and nullity of the public bidding COMELEC conducted for the procurement of the technology and machines to be used for the automation. As a logical corollary, they pray that the award of the contract for the supply of the technology and machines for the automation elections to SMARTMATIC TIM Corporation be struck down as illegal, unauthorized, and void from the beginning. Furthermore, petitioners pray that a Writ of Preliminary Injunction or a Restraining Order be issued to restrain respondent COMELEC and SMARTMATIC TIM Corporation from taking any further steps or activities towards the automation of the May 10, 2010 elections.
In support of their prayers, petitioners argue that COMELEC is without authority to fully automate the May 10, 2010 elections nationwide owing to its failure to automate the May 2007 elections in defined pilot areas as mandated by Republic Act No. (RA) 9369.[1] They assert that the pilot run contemplated in RA 9369 is a condition sine qua non to the full automation of the May 10, 2010 nationwide elections. What is more, petitioners allege that the RA 9369 also imposes another pre-condition before full automation may be implemented, i.e., that the chosen system must have demonstrated capability and must have successfully been used in a prior electoral exercise in the country or abroad. To petitioners, the twin mandatory conditions have not been complied with. As a result, they add, the manual system of voting should be continued, upheld, and enforced.
Likewise, petitioners contend that the Precinct Count Optical Scan machines have failed to meet the minimum functional capability requirements of RA 9369.
In essence, petitioners assert that the actions of COMELEC in fully automating the May 10, 2010 elections nationwide and in entering into a contract with SMARTMATIC TIM Corporation violated RA 9369.
The significant and substantive issues raised by petitioners have been, however, considered, squarely addressed, passed upon at length, and resolved by this Court in H. Harry L. Roque, Jr., et al. v. COMELEC, et al.[2] As such, the Court resolves to DISMISS the instant petition for virtually being moot and academic.
No costs.
Puno, C.J., Quisumbing and Carpio, JJ., on official leave.
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] An Act Amending [RA] 8436, entitled "An Act Authorizing the [Comelec] to Use Automated Election System in the May 11, 1998 National or Local Elections and in Subsequent National or Local Electoral Exercises, to Encourage Transparency, Credibility, Fairness and Accuracy of Elections. Amending for the Purpose Batas Pambansa Blg. 881, as Amended, [RA] 7166 and Other Related Election Laws, Providing Funds Therefor and for Other Purposes."
[2] G.R. No. 188456, September 10, 2009.
