CASE 2016-0002: BAGUMBAYAN-VNP MOVEMENT, GR. No. 222731 INC., and RICHARD J. GORDON, as Chairman of BAGUMBAYAN-VNP Present: MOVEMENT, INC., Petitioners, versus-  COMMISSION ON ELECTIONS (G.R. NO. 222731, 08 MARCH 2016, LEONEN J.) BRIEF TITLE: GORDON ET AL VS. COMELEC)

 

DISPOSITIVE:

 

WHEREFORE, the Petition for Mandamus is GRANTED. The Commission on Elections is ORDERED to enable the vote verification feature of the vote-counting machines, which prints the voter’s choices without prejudice to the issuance of guidelines to regulate the release and disposal of the issued receipts in order to ensure a clean, honest, and orderly elections such as, but not limited to, ensuring that after voter verification, receipts should be deposited in a separate ballot box and not taken out of the precinct.

SO ORDERED.

 

DOCTRINES:

 

 COMELEC HAS A CONSTITUTIONAL DUTY TO ENFORCE THE LAW

 

It is true that the Commission on Elections is given ample discretion to administer the elections, but certainly, its constitutional duty is to “enforce the law.” The Commission is not given the constitutional competence to amend or modify the law it is sworn to uphold. Section 6( e ), (t), and (n) of Republic Act No. 8436, as amended, is law. Should there be policy objections to it, the remedy is to have Congress amend it.

 

COMELECT CANNOT OPT TO BREACH THE REQUIREMENTS OF THE LAW

 

The Commission on Elections cannot opt to breach the requirements of the law to assuage its fears regarding the VVPAT. Vote-buying can be averted by placing proper procedures. The Commission on Elections has the power to choose the appropriate procedure in order to enforce the VVPAT requirement under the law, and balance it with the constitutional mandate to secure the secrecy and sanctity of the ballot. 73

 

REASON FOR VOTER’S RECEIPT

 

We see no reason why voters should be denied the opportunity to read the voter’s receipt after casting his or her ballot. There is no legal prohibition for the Commission on Elections to require that after the voter reads and verifies the receipt, he or she is to leave it in a separate box, not take it out of the precinct. Definitely, the availability of all the voters’ receipts will make random manual audits more accurate.

The credibility of the results of any election depends, to a large extent, on the confidence of each voter that his or her individual choices have actually been counted. It is in that local precinct after the voter casts his or her ballot that this confidence starts. It is there where it will be possible for the voter to believe that his or her participation as sovereign truly counts.

 

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 SCD-2016-0002-GORDON

 

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