SC Asked to Stop Reuse of Old PCOS Machines for 2016 Polls

(PNA) — A former lawmaker and a political party have asked the Supreme Court (SC) to nullify the decision of the Commission on Elections (Comelec) to use again the old precinct count optical scan (PCOS) machines for the 2016 presidential elections.

This was through a 75-page petition for certiorari filed by former Biliran Rep. Glenn Chong and the “Ang Kapatiran Party”.

The petitioners also asked the SC to declare as violative of the 1987 Constitution the constitutionality of Sections 8, 9, 10 and 11 of Republic Act No. 8436 and Section 9 of RA No. 9369 which created the “Technical Evaluation Committee (TEC)” and the “Advisory Council”, respectively.

The “Advisory Council” is the one making the recommendation on the technology to be used for the “Automated Elections,” while the TEC is the one giving the certification that the hardware, software and other parts of the technology which will be utilized during the elections are functioning well.

The petitioners claimed that the creation of the Advisory Council and the TEC is violative of the provision of Article 9-C, Section 2 of the 1987 Constitution which defines the power of the Comelec.

According to the petitioners, why did Congress allow the Advisory Council to dictate upon the Comelec about the system to be implemented in the elections.

They further argued that the creation of the Advisory Council and the TEC was a “usurpation” on the mandate of the Comelec which is provided for under the 1987 Constitution.

Because of this, the petitioners claimed, the recommendation of the Advisory Council to the Comelec to again use the old PCOS machines, as well as its recommendation on the canvassing, consolidation system and other equipment for the 2016 elections should also be nullified.

In connection with this, the petitioners asked the SC to issue a writ of prohibition or a temporary restraining order (TRO) that would stop the Advisory Council and the TEC from performing their functions, respectively.

They also urged the SC to order the refund of any amount, per diem or honoraria which were received by the Advisory Council and the TEC, respectively. (PNA) RMA/PTR/PJN