Title
Supreme Court
Bagumbayan-VNP Movement, Inc. vs. Commission on Elections
Case
G.R. No. 222731
Decision Date
Mar 8, 2016
Petitioners sought mandamus to compel COMELEC to implement VVPAT for 2016 elections, citing RA 8436 as amended. SC ruled VVPAT mandatory, ensuring election transparency and accuracy.

Case Digest (G.R. No. 222731)
Expanded Legal Reasoning Model

Facts:

  • Parties and Petition
    • Petitioners Bagumbayan-VNP Movement, Inc. (non-stock, non-profit corporation operating a registered national political party) and Richard J. Gordon (registered voter, taxpayer, senatorial candidate, Chair of Bagumbayan-VNP, author of Republic Act No. 9369) filed a Petition for Mandamus.
    • Respondent Commission on Elections (COMELEC) is vested by the Constitution (Art. IX-C, Sec. 1(1)) to enforce and administer all election laws.
  • Statutory Framework
    • Republic Act No. 8436 (1997) authorized automated election systems; amended by Republic Act No. 9369 (2007) to expand security and audit features.
    • Section 6 of RA 8436, as renumbered, sets “Minimum System Capabilities,” including:
      • (e) Provision for voter verified paper audit trail (VVPAT)
      • (f) System auditability with supporting documentation
      • (n) A system enabling voter verification of machine-registered choices
  • Technological and Administrative Background
    • COMELEC used Precinct Count Optical Scan (PCOS) machines in 2010, 2013; adopted Vote-Counting Machines (VCMs) for 2016, capable of VVPAT.
    • Petitioners allege COMELEC refused to enable VVPAT, citing risks of vote-buying, extended voting time (13 seconds per receipt), and potential challenges by losing candidates.
    • COMELEC En Banc (7-0) Resolution No. 10057 (Feb. 11, 2016) provided general instructions for voting, counting, transmission but omitted VVPAT mechanisms.
  • Procedural History
    • Petitioners filed a Special Civil Action for Mandamus (Rule 65, Sec. 3) directly with the Supreme Court, seeking enforcement of Section 6(e), (f), (n).
    • The Court required COMELEC to comment within five days; COMELEC moved for extension and failed to comply. The Court denied the motion, citing urgency and the fundamental right to vote verification.

Issues:

  • Whether COMELEC unlawfully neglected its ministerial duty under RA 8436, as amended, to implement the VVPAT feature (Sec. 6(e), (f), (n)).
  • Whether a writ of mandamus is the appropriate remedy to compel COMELEC to enable VVPAT on the vote-counting machines for the 2016 elections.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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