Supreme Court junks petitions to defer automated polls

MANILA, Philippines - It’s a go for Monday’s polls after the Supreme Court (SC) rejected yesterday separate petitions of former President Joseph Estrada and the Concerned Citizens’ Movement (CCM) to suspend automation and shift to a manual counting of votes.

SC spokesman Midas Marquez said the SC ruling means there is no longer any obstacle to the holding of automated elections on Monday.

The SC considered speculative the petitioners’ fear of failure of elections, he added.

Marquez said the justices, meeting in a special session, voted unanimously to dismiss the petitions of Estrada and CCM for being defective on their face.

“They raised factual issues that the Court cannot address,” he said.

Marquez said the justices also found that Estrada and CCM did not exhaust all legal remedies by going first to the Commission on Elections (Comelec) before seeking remedy from the SC.

“In effect they made their pleadings in the Court premature,” he said.

Estrada filed his petition at 11:45 a.m. yesterday, and some three hours later, at 3 p.m., the justices met in special session.

At 4:30 p.m. Marquez announced that the SC had dismissed the petitions of Estrada and CCM.

The CCM filed its petition before the SC last Wednesday.

Estrada expressed disappointment yesterday over the SC ruling, but he told The STAR he could not do anything but respect the decision.

 “I just want the Commission on Elections to have a fallback should the automated elections fail to work,” he said

“But since they (SC) do not want it, so be it. I think there will be no more time to file it before the Comelec. We will just be vigilant on Monday.”

In his petition, Estrada asked the SC to stop the Comelec from implementing the automated election system on Monday.

The Pwersa ng Masang Pilipino standard-bearer sought a 15-day postponement for the Comelec to prepare for manual counting.

Estrada said the elections must be suspended to avoid “serious complications” that failed automated elections might cause.

“Various sectors have expressed fears that this chaos, confusion, and turmoil may become so unmanageable that it could place the country in a state of emergency,” read Estrada’s petition.

“In fact, some quarters have openly brought out the option of another people power.”

Estrada said the malfunction of some precinct count optical scan (PCOS) machines in Metro Manila and in some provinces are “dismal and dreadful failures” in the Comelec’s performance of its constitutional duty to conduct free, honest, orderly and credible elections.

The 15-day suspension of elections would be much more desirable than a failure of elections, he added.

In its petition, CCM said automation should be canceled in light of the recent statement of Comelec Chairman Jose Melo that the poll body is preparing for a manual count in 30 to 50 percent of areas nationwide, particularly in places prone to power failures and network transmission problems.

Last Wednesday, the CCM asked the SC to order Comelec to revert to manual counting of votes.

Also yesterday, the SC dismissed the petition of Compact for Peaceful and Democratic Elections (Compact) to reactivate a security feature in the PCOS machines that they believe could salvage Monday’s elections from imminent failure.

In its petition, Compact said

Comelec should bring back the digital signatures of members of the Board of Election Inspectors (BEIs) in digital transmission of results.

The SC found no merit in the petition, according to Marquez.

Palace welcomes SC ruling

Deputy presidential spokesman Gary Olivar said the SC ruling has erased doubts on whether the country’s first nationwide automated elections would push through.

 “We are pleased with the High Court’s decision and we hope this will serve to further reassure our countrymen and encourage them to actively support and participate in this exciting milestone in our country’s history,” he said in a statement.

Presidential spokesman Ricardo Saludo said President Arroyo has never wavered in her support for the Comelec’s effort to automate the polls.

 “More than ever, we as individual citizens and as a people must place the good of our nation and our democracy above partisan interest and personal agenda,” he said.

“This is not the time for self-serving and unhelpful pronouncements and fault-finding when all well-meaning Filipinos are working sincerely with the Comelec for fair, free, orderly and credible elections.”

Saludo asked candidates and their supporters to maintain sobriety and self-restraint and to ignore unfounded charges, intrigues and gossips coming out of the rumor mills.

“Let us constantly guard against baseless claims and unverified rumors, especially those spread by text and gossip,” he said.

“Media should not headline them, and people should not waste money passing them on to others. Giving attention to these untruths only encourages them.”

Saludo said ensuring the integrity and credibility of the May 10 polls is extremely crucial in light of the country’s first ever attempt at full automation of the voting and tabulation processes.

“We are taking a quantum leap from the antiquated, obsolete, and tedious process of manual balloting and counting of the votes,” he said.

“There is no turning back and the only way to achieve success is for us to put our act together as a united citizenry.”   –Jose Rodel  Clapano