Case Summary (G.R. No. 259354)
Petitioners and Respondent
Petitioners: NPCP, AES Watch, GBI.
Respondent: Commission on Elections (COMELEC).
Key Dates
Minute Resolution approving digital signatures: January 20, 2021.
JCOC hearings on the AES: September 15, 2021 and March 9, 2022.
2022 National and Local Elections (NLE): May 2022.
Decision date: June 13, 2023.
Applicable Law
1987 Constitution (right to information, public disclosure).
Republic Act No. 8436, as amended by RA 9369 (Automated Election System Law).
Omnibus Election Code (Batas Pambansa Blg. 881).
Relevant jurisprudence on mandamus, election transparency, and access to information.
Reliefs Sought
Petition for mandamus directing COMELEC to:
a) implement digital signatures for all 2022 NLE electronic returns;
b) disclose information and allow inspection or access to observers for:
i. printing of official ballots and disposition of defective ballots;
ii. configuration, preparation, and testing of SD cards;
iii. preparation, testing, and deployment of vote counting machines (VCMs);
iv. operation of technical hubs, data centers, and transmission network architecture (“Meet-Me Room” and routers).
Procedural Posture
Petitioners claim standing as citizens vested with right to information.
COMELEC moves for dismissal as moot, argues compliance with election laws, and invokes political question doctrine.
Mootness and Exception to Doctrine
Completion of the May 2022 NLE rendered reliefs practically moot.
Court nevertheless addressed issues under exceptions: grave constitutional questions, public interest, formulation of guiding principles, and repetition yet evading review.
Writ of Mandamus Standards
Mandamus lies only if:
- petitioner has clear legal right;
- respondent has ministerial duty imposed by law;
- respondent neglects that duty; and
- no other adequate remedy exists.
Petitioners possess locus standi under Guingona v. COMELEC for matters of public concern.
Digital Signatures
Section 22 of the AES Law requires electronically transmitted returns be digitally signed.
COMELEC approved digital‐signature use but limited rollout due to logistical constraints.
Court held method of implementation is discretionary; VCM-generated signatures satisfy statutory requirement.
Mandamus will not lie to compel a particular implementation scheme.
Ballot Printing Observation
Section 187 of the Omnibus Election Code mandates COMELEC allow duly designated watchers to observe ballot printing.
Initial COMELEC refusal on health and security grounds was legally unjustified.
COMELEC later livestreamed printing, provided CCTV footage, and conducted random checks with stakeholders.
Issue deemed moot.
SD Cards and VCM Inspection
Section 14 of RA 8436 (amended) requires COMELEC allow examination and testing of AES equipment or devices before voting.
No specific statutory duty to admit observers during configuration; duty attaches at examination and testing stage.
COMELEC conducted walkthroughs, invited public to witness final testing and sealing of VCMs, and opened its SD-card facility.
Issue deemed moot.
Technical Hubs and Transmission Documents
Constitution grants right to information on public‐interest matters, tempered by narrowly construed statutory limitations.
Section 1 of RA 9369 declares policy to ensure secrecy, sanctity, transparency, and credibility of ballots a
Case Syllabus (G.R. No. 259354)
Facts
- Petitioners NPCP, AES Watch, and GBI filed a Petition for Writ of Mandamus to compel COMELEC to:
• Implement digital signatures for 2022 NLE returns
• Disclose information and grant access/inspection in six “Election Transparency Activities” (printing of ballots; disposition of defective ballots; configuration/preparation/testing of SD cards; preparation/testing/deployment of VCMs; National Technical Support Center and technical hubs; transmission/network diagrams) - Petition was filed 48 days before May 2022 elections; OFW voting to begin in 18 days
Issues
- Do petitioners have standing under Capalla v. COMELEC?
- Is COMELEC’s duty to implement digital signatures ministerial or discretionary?
- Must COMELEC allow watchers to observe ballot printing and disposition of defective ballots?
- Must COMELEC allow observation of SD card configuration and VCM preparation/tests?
- Must COMELEC disclose transmission/network diagrams and open its technical hubs, servers, data centers?
Petitioners’ Contentions
- They are registered voters, journalists, media and civic personnel, thus have standing to seek information on matters of public concern
- AES Law (RA 8436, as amended by RA 9369) mandates digital signatures on election returns
- Omnibus Election Code and AES Law require COMELEC to allow observers in ballot printing
- AES Law requires open examination and testing of AES equipment and devices (SD cards, VCMs)
- COMELEC must disclose its transmission/network architecture and allow access to technical hubs for full transparency
Respondent COMELEC’s Contentions
- Petition is moot and academic because the 2022 NLE has concluded successfully
- No neglect of duty: COMELEC used digital signatures for transmission returns and implemented reasonable transparency measures
- No statutory duty to allow physical access to SD card configuration or to reveal internal network architecture
- Issues involve political questions within Congress’s exclusive oversight
Mootness Doctrine
- A case is moot when supervening events render any relief purely academic
- Exceptions allow decision if:
• Grave constitutional violation
• Exceptional situation involving paramount public interest
• Need to formulate controlling principles
• Case capable of repetition yet evading review - All but the first exception apply here; Court may still decide
Mandamus Requisites
- Petitioner must have a clear legal right to the act demanded
- Respondent must have a nondiscretionary (ministerial) duty to perform the act
- Respondent must unlawfully neglect that duty
- Act must be minis