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
Case Digest (G.R. No. 188456)
Facts:
The case at hand is H. Harry L. Roque, Jr., et al. vs. Commission on Elections (COMELEC), et al., G.R. No. 188456, decided by the Supreme Court of the Philippines on September 10, 2009. The petitioners, H. Harry L. Roque, Jr., Joel R. Butuyan, Romel R. Bagares, Allan Jones F. Lardizabal, Gilbert T. Andres, Immaculada D. Garcia, Erlinda T. Mercado, Francisco A. Alcuaz, Ma. Azucena P. Maceda, and Alvin A. Peters, filed a petition for certiorari, prohibition, and mandamus against the COMELEC, represented by Chairman Jose Melo, the COMELEC Special Bids and Awards Committee (SBAC), the Department of Budget and Management, Total Information Management Corporation (TIM), and Smartmatic International Corporation. The petitioners sought to nullify the award of the 2010 Elections Automation Project to the joint venture of TIM and Smartmatic, claiming that the COMELEC committed grave abuse of discretion in awarding the contract without conducting pilot testing of the Precinct Count Optical Scan (PCOS) machines and that the machines did not meet the minimum system capabilities set by law. The case arose after the COMELEC, on June 9, 2009, awarded the contract for the automation of the May 10, 2010 elections to the TIM-Smartmatic joint venture, which proposed to deliver 82,200 PCOS machines. The petitioners argued that the automation project was fraught with risks and could lead to election irregularities, undermining the integrity of the electoral process.
Issue:
- Did the COMELEC commit grave abuse of discretion in awarding the 2010 Elections Automation Project to the TIM-Smartmatic joint venture without co...