Case Summary (G.R. No. 206719)
Petitioner
- Bagumbayan-VNP Movement, Inc.; Senator Richard J. Gordon (G.R. No. 206719)
- Tanggulang Demokrasya, Inc.; Evelyn L. Kilayko; Teresita D. Baltazar; Pilar L. Calderon; Elita T. Montilla; Andrea H. Cedo (G.R. No. 206784)
- Petition for indirect contempt against Chairman Brillantes (G.R. No. 207755)
Respondent
Commission on Elections (COMELEC), a constitutional commission under Article IX-C(1), 1987 Constitution; Hon. Sixto S. Brillantes, Jr., former Chairman of COMELEC.
Key Dates
• December 22, 1997 – RA 8436 (“Election Modernization Act”) authorizes automated elections.
• January 23, 2007 – RA 9369 amends Section 10 (now Section 14) to require source-code review by “any interested political party or group.”
• February 10, 2010 – COMELEC Minute Resolution No. 10-0138 issues source-code-review guidelines.
• February 12, 2013 – Technical Evaluation Council certifies AES validity.
• March 1 & 14, 2013 – COMELEC Resolutions Nos. 9651 and 9657 set filing requirements and deadlines for source-code-review applicants.
• April 10–24, 2013 – Source-code review of certain systems by accredited parties; PCOS code delayed due to Smartmatic-Dominion dispute.
• May 3, 2013 – Petition for mandamus filed to compel immediate source-code release.
• May 8, 2013 – Oral arguments; Chairman Brillantes orally commits to escrow and broader access.
• May 23, 2013 – Formal letter from COMELEC inviting Bagumbayan-VNP to participate post-elections.
• September 21, 2018 – COMELEC Resolution No. 10423 issues new source-code-review guidelines for 2019 elections.
Applicable Law
• 1987 Constitution, Article IX-C(1) – Establishment and powers of COMELEC
• RA 8436, Section 14 (as amended by RA 9369) – Mandatory source-code review by interested parties
• Rules of Court, Rule 65 (mandamus) and Rule 71 (contempt)
• A.M. No. 01-7-01-SC – Rules on Electronic Evidence (definitions of electronic and digital signatures)
• Subsequent COMELEC resolutions governing digital signatures, vote verification, and random manual audit
Antecedent Facts
Congress authorized AES in RA 8436 (1997) and expanded source-code transparency in RA 9369 (2007). COMELEC adopted technical guidelines in 2010 and 2013, requiring applicants to submit credentials, list hardware/software needs, and sign nondisclosure agreements. Negotiations between Smartmatic and Dominion delayed release of PCOS source code until May 5, 2013. Petitioners filed for mandamus on May 3 to force immediate compliance; during May 8 oral arguments, Chairman Brillantes pledged to escrow the code at the Bangko Sentral and consider broader access. COMELEC formally opened review slots after elections. Tan Dem et al. separately sought digital-signature implementation, vote verification, random audit, and postponement of the 2013 elections. A contempt petition alleged Brillantes reneged on his commitments.
Issues
- Locus standi of petitioners to invoke mandamus.
- Entitlement to mandamus compelling COMELEC to open source-code review immediately.
- Entitlement to mandamus ordering use of digital signatures, vote verification, random audit, or election postponement.
- Liability of Chairman Brillantes for indirect contempt.
Ruling of the Court
- Petitioners possess standing. As registered voters, political parties, and citizens’ arms they assert public rights under RA 9369 and Legaspi v. CSC.
- The source-code issue is moot and academic. Resolution No. 10423 (2018) now governs 2019 and subsequent elections, rendering any mandamus on 2013 procedures of no practical value.
- Mandamus to compel digital signatures, vote verification, random audit, or postponement of the 2013 elections is denied.
Case Syllabus (G.R. No. 206719)
Consolidation of Petitions
- Three separate petitions—G.R. Nos. 206719, 206784, and 207755—were consolidated by Supreme Court Resolution dated August 12, 2014.
- G.R. No. 206719: Special Civil Action for Mandamus filed by Bagumbayan-VNP Movement, Inc. and Senator Richard J. Gordon under Rule 65, Section 3.
- G.R. No. 207755: Verified Petition for Indirect Contempt against former COMELEC Chairman Sixto S. Brillantes, Jr., docketed separately but consolidated for joint hearing and decision.
- G.R. No. 206784: Special Civil Action for Mandamus filed by Tanggulang Demokrasya (Tan Dem), Inc., and co-petitioners under the same rule.
Parties
- Petitioner Bagumbayan-VNP Movement, Inc.: a non-stock, non-profit corporation operating a registered national political party since 2010.
- Petitioner Senator Richard J. Gordon: Filipino citizen, taxpayer, registered voter, and incumbent Senator of the Republic.
- Petitioners Tan Dem, et al.: a people’s organization and five individual registered voters/taxpayers defending democratic integrity.
- Respondent COMELEC: constitutional commission under Article IX-C, Section 1(1), vested with election administration powers.
- Respondent Sixto S. Brillantes, Jr.: former Chairman of COMELEC at petition filing.
Statutory Framework
- R.A. No. 8436 (1997 Election Modernization Act): authorized COMELEC to adopt Automated Election System (AES) for voting, counting, and canvassing.
- R.A. No. 9369 (2007 amendment): amended Section 10 (renumbered Sec. 14), mandating COMELEC to allow political parties, candidates, and citizen’s arms to examine and test AES equipment and to promptly open the source code for review.
COMELEC Guidelines on Source Code Review
- Minute Resolution No. 10-0138 (Feb. 10, 2010): adopted Advisory and Technical Evaluation Council guidelines for source code review prior to the 2010 elections.
- Resolution No. 9651 (Mar. 1, 2013): set documentary, technical, and accreditation requirements for interested parties to review AES source code.
- Resolution No. 9657 (Mar. 14, 2013): imposed an April 1, 2013 deadline to file source-code review requests and credentials.
Source Code Availability Dispute
- Delay caused by contractual dispute between Dominion Voting Systems and Smartmatic TIM beginning Sept. 6, 2012, which prevented release of PCOS source code.
- PCOS source code arrived only on May 5, 2013 via SLI Global Solutions and was “trusted-built” for review.
- Petitioners filed an urgent mandamus on May 3, 2013 to compel COMELEC to secure and open the source code before the May 13 elections.
Oral Arguments and COMELEC Commitments
- May 8, 2013 oral arguments: Chairman Brillantes manifeste