SC junks petition against Comelec
THE PHILIPPINE Supreme Court (SC) has dismissed a petition seeking to compel the Commission on Elections (COMELEC) to establish implementing rules and regulations (IRRs) and hold public consultations on how to conduct the election system for the country.
In denying the petition of the group led by Kilusan ng Mamamayan Para sa Matuwid na Bayan (KMMB), the SC En Banc cited the failure of the petitioners to “substantiate their allegation that there are no implementing rules for some of the crucial safeguards in the conduct of automated elections as prescribed under Section 7 of RA No. 9369 (Election Automation Law).”
The petitioners asked for the issuance of a temporary restraining order and/or the appropriate injunctive relief, prohibiting the Comelec from using Smartmatic, Inc., its VCMs, precinct count optical scan (PCOS) machines, and other devices and tools for holding automated elections in the 2022 elections and going forward until the Comelec has issued the necessary implementing rules and regulations.
The 13-page decision penned by Associate Justice Ricardo R. Rosario said the petition lacked substantial allegations on the use of Smartmatic’s Vote Counting Machines (VCM) and suffered from procedural defects.
It pointed out the petitioners’ failure to comply with such procedural requirements as the submission of proof of service, proper verification and certification against forum shopping, and the requirement to provide competent evidence of the identity of the affiant in the affidavit of service.
“We dismiss the Petition and deny the prayer for the issuance of a temporary restraining order or any injunctive relief,” the SC ruled.
The KMMB is comprised of Capitol Christian Leadership, Buklod Pamilya Incorporated, and KMP Koalisyong Pangkaunlaran ng Mamamayan, among others. — Chloe Mari A. Hufana