Title
Roque, Jr. vs. Commission on Elections
Case
G.R. No. 188456
Decision Date
Sep 10, 2009
The Supreme Court annuls the 2010 Elections Automation Project award for legal violations, inadequate testing, and minimum capability failures, stressing the necessity of transparency in election project bidding and addressing COMELEC's modernization authority and electoral security issues.
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Case Digest (G.R. No. 188456)

Facts:

  • The case is H. Harry L. Roque, Jr., et al. vs. Commission on Elections (COMELEC), et al., G.R. No. 188456, decided on September 10, 2009.
  • Petitioners include H. Harry L. Roque, Jr., Joel R. Butuyan, Romel R. Bagares, and others.
  • They filed a petition for certiorari, prohibition, and mandamus against COMELEC and other parties.
  • The petitioners sought to nullify the award of the 2010 Elections Automation Project to the TIM-Smartmatic joint venture.
  • They claimed COMELEC committed grave abuse of discretion by not conducting pilot testing of the Precinct Count Optical Scan (PCOS) machines.
  • Petitioners argued that the machines did not meet the minimum system capabilities required by law.
  • The contract was awarded on June 9, 2009, for the delivery of 82,200 PCOS machines.
  • Concerns were raised about potential election irregularities and the integrity of the electoral process.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court denied the petition and upheld the contract awarded to the TIM-Smartmatic joint venture.
  • The Court found that:
    • COMELEC did not commit grave abuse of discretion by not conducting pilot testing.
    • The PCOS machines satisfied the minimum system capabilities required by law.
    • A valid JV...(Unlock)

Ratio:

  • The Court reasoned that pilot testing was not explicitly required by law for nationwide implementation of the automated election system.
  • COMELEC had the discretion to implement the automation project, supported by the successful use of similar technology in the 2008 ARMM elections.
  • The Court emphasized COMELEC's authority as an independent body to determine appropriate election technology, with decisions respected unless clear evidence of grave abuse of discretion is shown.
  • T...continue reading

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