Case Digest (G.R. No. 188456)
Facts:
Pursuant to Republic Act No. 8436 (1997) as amended by RA 9369 (2007), the Commission on Elections (COMELEC) was empowered to adopt an automated election system (AES) and to procure the necessary hardware, software, supplies and services. Section 5 of RA 8436 authorized partial deployment of an AES in the first regular election following RA 9369’s effectivity—two highly urbanized cities and two provinces each in Luzon, Visayas and Mindanao—but stipulated that “in succeeding regular national or local elections, the AES shall be implemented nationwide.” Section 12 required that the system to be procured for the May 10, 2010 elections must have demonstrated capability in a prior electoral exercise here or abroad. In early 2009 the COMELEC issued a Request for Proposal (RFP) covering three components—(1) paper-based AES using precinct-count optical scan (PCOS) machines, (2) electronic transmission of results, and (3) project management services. After bidding, the joint venture of TCase Digest (G.R. No. 188456)
Facts:
- Legislative and Policy Background
- 1997 (RA 8436) authorized a limited Automated Election System (AES) in 1998 for certain positions and in ARMM; created COMELEC IT Department (ITD) and Advisory Council.
- 2007 (RA 9369) amended RA 8436 to require AES in at least two highly urbanized cities and two provinces in each island group for the first post-effectivity election (May 2007), and AES nationwide in succeeding elections.
- March 2009 (RA 9525) appropriated ₱11.3 B for AES in the May 10, 2010 synchronized national and local elections.
- Bidding and Procurement for 2010 AES
- March 11, 2009: COMELEC issued Request for Proposal (RFP) for three components—paper-based AES (EMS, PCOS, CCS), electronic transmission, and project management.
- Seven consortia bid; SBAC end-to-end technical tests (26-item criteria) of Smartmatic-TIM’s PCOS machines yielded 100% accuracy; SBAC Res. 09-001 (June 1, 2009) recommended award.
- COMELEC en banc Res. 8608 (June 9, 2009) approved notice of award; joint venture Smartmatic TIM Corporation incorporated July 8, 2009; Contract signed July 10, 2009, with Notice to Proceed same day.
- Petition for Certiorari, Prohibition & Mandamus
- July 9, 2009: Petitioners (Roque et al.), taxpayers and citizens, sought to nullify the award/contract, alleging: no required AES pilot, invalid JVA, nationality breaches, insufficient PCOS capabilities, abdication of COMELEC’s control, and ballot secrecy violations.
- COMELEC and Smartmatic-TIM raised standing, prematurity, failure to exhaust RA 9184 protest remedies, violation of hierarchy of courts. Senate intervened supporting respondents; oral arguments held July 29, 2009.
Issues:
- Procedural Issues
- Do petitioners, as taxpayers and citizens, have standing for direct certiorari?
- Is the petition premature or barred by mandatory protest procedures under RA 9184?
- Does direct recourse to the Supreme Court violate the judicial-hierarchy rule?
- Substantive Issues
- Does Section 5, RA 8436 (as amended), require a 2007 AES pilot test as condition precedent to a 2010 nationwide AES?
- Did Smartmatic-TIM submit a valid, timely JVA and comply with the 60/40 Filipino-foreign equity requirement?
- Does the PCOS system satisfy the AES’s prior-use and minimum-capabilities requirements under Sections 12 and 7 of RA 8436 (as amended)?
- Do contract provisions ceding technical authority and key-management to Smartmatic-TIM abdicate COMELEC’s exclusive control under Section 26 RA 8436 and Article IX-C of the Constitution?
- Does the size/form of the PCOS ballot and voting procedure infringe the secrecy and sanctity of the ballot (Art. V, Sec. 2, Constitution)?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)