Sunday, November 8, 2009

How the Automated Election in May 10, 2010 Go?

Yahoo Southeast Asia, together with Smartmatic-TIM has provided us with a demonstration video of the process of how the first automated elections in the Philippines on May 10, 2010 will go.


We suggest that you replay the video over and over again, to 
familiarize yourself with the whole process. 

And, please, help us disseminate the knowledge you have learned from this video. 

If you have some query, please feel FREE to write them hereunder, 
including your COMMENTS or suggestions.

Saturday, November 7, 2009

Can COMELEC Annul An Election?

The Commission on Elections (COMELEC) is vested with the power to enforce and administer all laws relative to the conduct of elections and to insure free, orderly, and honest elections.  Does its power include the authority to annul an election which may not have been free, orderly, and honest?


The Supreme Court, in holding that it does not include such authority, and that Article X, Section 2 of the 1935 Constitution [Guevara vs. Commission on Elections, 55 O.G. 1013] is merely preventive, said:


"It is intended to prevent any and all forms of election fraud or violation of the Election Law, but if it fails to accomplish that purpose, it is not the Commission on Elections that is charged with the duty to cure or remedy the resulting evil, but some other agencies of the Government.  The power to decide decisions involving the right to vote is expressly withheld from the Commission on Elections although, the right to vote is provided in the Election Law, the enforcement and administration of which is placed in the exclusive charge of the Commission.  Parallel to the withholding of such power from the Commission is the vesting in other agencies of the more inclusive power to decide all contests relating to the elections, returns and qualifications of the Members of Congress namely, the Electoral Tribunal of the Senate in the case of the senators, and the Electoral Tribunal of the House of Representatives in the case of the members of the latter.  Election contests involving provincial and municipal officials are entrusted to the courts."  [Nationalista Party vs. Commission on Elections, 85 Phil. 149]


Thursday, November 5, 2009

Resolution No. 8692

IN THE MATTER OF AMENDING SECTIONS 5 AND 6 OF COMELEC RESOLUTION NO. 8678, PROMULGATED OCTOBER 6, 2009, ENTITLED: "GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY AND NOMINATION OF OFFICIAL CANDIDATES OF REGISTERED POLITICAL PARTIES IN CONNECTION WITH THE MAY 10, 2010 NATIONAL AND LOCAL ELECTIONS" 

RESOLUTION No. 8692
(Promulgation:  5 November 2009)




"Sec. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed on regular days, from November 20 to 30, 2009, during office hours, except an the last day, which shall be until midnight.


Sec. 6. Certificates of nomination of official candidates by the political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) copies, not later than the last day of filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.


For this purpose, all registered political parties shall, not later than November 15, 2009, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.


x x x                             x x x                             x x x


After due deliberation, the Commission RESOLVED, as it hereby RESOLVES, to amend Sections 5 and 6 of Comelec Resolution No. 8678, promulgated October 6, 2009, to now read as follows:


"Sec. 5. Period for filing Certificate of Candidacy. - The certificate of candidacy shall be filed from 8:00 o'clock in the morning up to 5:00 o'clock in the afternoon, beginning November 20, 2009 up to November 30, 2009, and up to midnight on December 1, 2009, inclusive of Saturdays, Sundays and Holidays.


Sec. 6. Certificates of nomination of official candidates by the political party. - The certificate of nomination of registered political parties or coalitions of political parties of their official candidates shall be filed, in five (5) copies, not later than the last day of filing of certificates of candidacy, duly signed and attested under oath by the party president, chairman, secretary-general or any other duly authorized officer and shall bear the acceptance of the nominee by affixing his signature in the space provided therein. If the certificate of nomination of a candidate is filed within the period for filing of certificate of candidacy, but after his certificate of candidacy has been filed, a copy of the certificate of nomination shall be attached to the certificate of candidacy.


       For this purpose, all registered political parties shall, not later than November 16, 2009, submit to the Law Department the names and specimen signatures of the authorized signatories to official party nominations.


x x x                              x x x                             x x x


The Education and Information Department shall cause the publication of this Resolution in two (2) daily newspapers of general circulation in the Philippines and give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors, Election Officers and accredited political parties and party-list organizations or coalitions participating in the party list system of representation.


SO ORDERED.


(Sgd.) JOSE A.R. MELO
Chairman

(Sgd.) RENE V. SARMIENTO            (Sgd.) NICODEMO T. FERRER
Commissioner                                Commissioner

(Sgd.) LUCENITO N. TAGLE                (Sgd.) ARMANDO C. VELASCO
Commissioner Commissioner

(Sgd.) ELIAS R. YUSOPH             (Sgd.) GREGORIO Y. LARRAZABAL
Commissioner                                    Commissioner

Wednesday, November 4, 2009

Politicians To Sabotage 2010 Automated Polls?

Some unscrupulous politicians are planning to sabotage next year’s automated elections, a senator bared on Wednesday.

Senator Richard Gordon however could not substantiate his claims, saying only that he’d been receiving reports that some congressmen are planning to stop the implementation of the automated elections. 





“There are some people who are desperate. Natatakot sila na mahina yung kanilang kandidato (They are afraid that their bets would lose)," he said even as he expressed doubts that these politicians would succeed.

Hindi ko ipaglalaban yan passionately kung hindi ko nakikita na magwo-work yan (I would not have fought for it passionately if I did not see that it will work)," said the author of the Republic Act 9369 or the Amended Automated Elections System Law.

The Commission on Elections (Comelec), on the other hand, dismissed the possibility of sabotage.

“Just trust the Comelec that we would ensure clean, honest and orderly elections in 2010," said Commissioner Ferdinand Rafanan in an earlier interview.

The poll body even said the the machines that will be used in the 2010 elections can even run without electricity.

“The machines can work on batteries for a total of sixteenhours, so even with a brownout, the machines will still work," Comelec spokesperson James Jimenez.

The National Power Corporation (Napocor) said that it would require 
six billion pesos to ensure sufficient power supply on election day.

Renato Garcia, IT consultant of Comelec chairman Jose Melo, told reporters that the Precinct Count Optical Scan (PCOS) machines work like portable computers, which can run on backup power.

“Since these are practically laptops, backup power is not really a problem and consumption of energy is very low," he said.

A total of 42, 200 PCOS machines will arrive in December while another 40,000 will be delivered in January.
 - GMANews.TV

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