Title
Brillantes, Jr. vs. Commission on Elections
Case
G.R. No. 163193
Decision Date
Jun 15, 2004
Petitioner challenged COMELEC's Resolution No. 6712, authorizing electronic transmission of election results, arguing it usurped Congress's authority, violated funding laws, and lacked statutory basis. Supreme Court nullified the resolution, citing grave abuse of discretion.
nullifies resolution
separate tabulation
violation of existing laws

Case Summary (G.R. No. 163193)

Antecedents

Congress enacted Republic Act No. 8436 on December 22, 1997 authorizing an automated election system (AES) consisting of three phases: Phase I registration/validation, Phase II computerized voting and counting, and Phase III electronic transmission of results. The COMELEC pursued procurement and contracts for the AES, including an April 15, 2003 contract leasing VSAT units and services from Philippine Multi-Media System, Inc. (PMSI) for Phase III at a contractual rental of P298,375,808.90. The COMELEC also awarded a Phase II contract to Mega Pacific Consortium that was subsequently nullified by this Court in Information Technology Foundation of the Philippines, et al. v. COMELEC, G.R. No. 159139 on January 13, 2004, effectively scrapping Phase II for the May 10, 2004 elections. Executive Orders No. 172 and No. 175 of President Gloria Macapagal-Arroyo allocated funds for AES implementation, but many funds had already been expended and procurement and implementation problems persisted.

Factual Background

Despite the nullification of Phase II and operational problems in Phase I, the COMELEC proceeded to implement what it described as Phase III by promulgating Resolution No. 6712 on April 28, 2004, two weeks before the national and local elections. The resolution established a National Consolidation Center (NCC) and Electronic Transmission Centers (ETCs) in every city and municipality, provided one set of personal computers for every one hundred seventy-five precincts, and prescribed that designated Reception Officers would gather sealed copies of Election Returns (ERs) from Boards of Election Inspectors and authorize encoding and electronic transmission of advanced precinct results to the NCC via VSAT. The resolution provided that the encoding proceedings were ministerial and that the tabulations were advanced unofficial results, forbade objections at the ETC, and directed that no print-outs be released at the ETC or NCC, with consolidated results to be disseminated via the Internet, text messaging, and electronic billboards.

Proceedings and Interim Relief

Petitioners challenged Resolution No. 6712 by filing a Rule 65 petition on May 4, 2004. The Court required the respondent to comment and, by preliminary order, directed the parties to observe the status quo prevailing before issuance of the assailed resolution. The parties were heard on May 8, 2004; the COMELEC made a presentation of its PHASE III program through PMSI representatives. The Court maintained and expanded the status quo order pending resolution. The petitioners-in-intervention were admitted and submitted pleadings and documentary evidence pursuant to the Court’s directives.

The Parties' Contentions

The petitioner argued that Republic Act No. 8436 did not authorize the COMELEC to conduct the biometric validation (Phase I) or the electronic transmission (Phase III) independently, and that the three phases comprised a single integrated AES that could not be partially implemented. He further contended that COMELEC’s electronic transmission of advanced results constituted an unauthorized and unconstitutional unofficial canvass, and that the resolution violated statutory protections for the citizens arm. The petitioners-in-intervention urged that the resolution preempted Congress’ exclusive power to canvass the votes for President and Vice-President and violated the constitutional appropriation requirement. The COMELEC maintained that the matter was a political question and that petitioners lacked standing; it defended the resolution as an exercise of its constitutional and statutory powers to enforce election laws, to prescribe technological devices under Section 52(i) of the Omnibus Election Code, and to ensure free, orderly and honest elections, and it asserted that Phases I, II and III could operate independently and that the electronic tabulation would be unofficial and non-proclamatory.

Issues Presented

The Court framed the principal issues as whether the petitioners had standing; whether the controversy presented a political question; and, if justiciable, whether Resolution No. 6712 was void for: (a) preempting Congress’ authority under Art. VII, Sec. 4, 1987 Constitution to canvass votes for President and Vice-President; (b) violating Art. VI, Sec. 29 (par. 1), 1987 Constitution by effecting expenditures without appropriation; (c) disregarding Republic Acts Nos. 8173, 8436 and 7166 which limit the use of election returns to the duly accredited citizens arm for unofficial counts; (d) failing to comply with Section 52(i) of the Omnibus Election Code requiring thirty days’ notice of technological adoption; and (e) lacking any constitutional or statutory basis. The Court also considered whether implementation would cause trending, confusion and chaos.

Standing and Justiciability

The Court held that the petitioners and petitioners-in-intervention had standing. Taxpayer standing was recognized because the resolution involved public expenditures and petitioners alleged illegal disbursement of public funds. Political actors and representatives of NAMFREL had direct and personal interests in the integrity of the conduct of elections, and the Senate President and the House Speaker had standing to protect Congress’ exclusive canvassing power. The Court also rejected the political question doctrine as a bar, holding that the petition raised issues of legality and not merely wisdom, and that judicial review of administrative action for grave abuse of discretion amounting to lack or excess of jurisdiction is proper under Art. VIII, Sec. 1, 1987 Constitution. Although the elections had occurred, the Court found the controversy capable of repetition yet evading review and therefore resolved the substantive issues.

Merits — Grave Abuse of Discretion

The Court found that the COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in promulgating Resolution No. 6712, and it granted the petition. The Court articulated six principal bases for nullifying the resolution.

Usurpation of Congress’ Canvassing Power

First, the Court concluded that the resolution usurped the exclusive authority of Congress to canvass the votes for President and Vice-President under Art. VII, Sec. 4, 1987 Constitution and Section 24 of Republic Act No. 8436, because the COMELEC authorized use of its copy of the ERs to encode and transmit advanced precinct results, thereby effectuating an unofficial canvass that could preempt or prejudge the constitutional canvassing by Congress. The COMELEC’s argument that the electronic transmittal would be unofficial and thus harmless was rejected as untenable.

Violation of the Appropriation Clause

Second, the Court held that implementation would contravene Art. VI, Sec. 29 (par. 1), 1987 Constitution, which prohibits payment out of the treasury except pursuant to appropriation by law. The Court examined Republic Act No. 9206, the General Appropriations Act of 2003, and found no appropriation for an unofficial electronic tabulation project. The P225,000,000 item in that Act was appropriated for establishment of the AES “particularly for the process of voting, counting of votes and canvassing/consolidation of results,” but the COMELEC could not lawfully realign or augment appropriations to fund an unofficial count absent statutory authorization. The Court noted COMELEC’s inconsistent statements regarding the availability of the P55,000,000 allegedly needed to operationalize the project, the lack of a supplemental contract for such funds, and the certification of the Secretary of the Senate that Congress had not appropriated any amount for an unofficial count. The Court warned that diversion of appropriated funds could implicate Article 217 on malversation.

Violation of Statutory Scheme Reserving Unofficial Counts to the Citizens Arm

Third, the Court found that the resolution disregarded Republic Act No. 7166, as amended by Republic Act No. 8173, and Republic Act No. 8436, which allocate specific copies of ERs and reserve to the accredited citizens arm the exclusive authority to use a copy of the ERs for unofficial counting. The COMELEC’s direction that Reception Officers unseal and use the Commission’s copies for encoding and transmission breached the statutory allocation, compromised the chain of custody of ERs, and intruded upon the exclusive prerogative of NAMFREL to conduct the unofficial quick count.

Failure to Comply With Section 52(i) Notice Requirement

Fourth, the Court held that Section 52(i) of the Omnibus Election Code did not permit the COMELEC to adopt technological devices for unofficial tabulation without complying with the conditions in the statute. The provision requires that the Commission take into account the situation in the area and funds available and notify authori

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