The credibility of the process of election adjudication is as crucial in a democracy as the conduct of the election itself. The perception that no just, fair, and expeditious relief can be expected to correct a perceived wrong breeds public distrust in the whole electoral exercise.
Showing posts with label Adjudication of Election Disputes. Show all posts
Showing posts with label Adjudication of Election Disputes. Show all posts
The Fourth Judicial Region received the most number of election protests filed in connection with the 10 May 2010 elections.
In the preliminary data gathered from the Court Management Office (CMO) of the Supreme Court, 30 protest cases were filed in the regional trial courts in the Fourth Judicial Region while 20 protest cases were filed in the Eighth and the Ninth Judicial Regions. The Fifth Judicial Region received the least number of election protests.
Regional Trial Court Judges participating in the Round Table Discussion sponsored by Libertas in Marco Polo Hotel, Cebu City on 27 August 2010, revealed that proceedings in the election protests filed in connection with the 10 May 2010 elections have been stalled due to the unavailability of PCOS machines which will authenticate contested ballots.
In the rules of procedure promulgated by the Supreme Court, the authentication of each and every ballot is required, prior to the actual revision, to make sure that it was the same ballots cast and fed to the PCOS machine during the voting. According to the rules, “the authentication of the shall be through the use of PCOS machines actually used during the elections in the subject precinct, or by another device certified by the Commission to be capable of performing the desired authentication requirement through the use of the bar codes and the ultra-violet ray code detection mechanism” (section 6 [e], Rule 10, A.M. No. 10-4-1-SC).
However, Judge Ramon B. Daomilas, Jr., Presiding Judge of Branch 11, RTC-Cebu, shared that COMELEC, through Resolution No. 10-0665, has held in abeyance resolution of all requests by RTC judges for the transport of the PCOS machines used in the precincts involved in the election contests pending before them. While he was, at the beginning, confident that he would be able to comply with the 6-month timeline imposed by A.M. No. 10-4-1-SC, Judge Daomilas said he is no longer sure that he will not be able to comply with this directive. The COMELEC has not certified any other device, in lieu of the PCOS machine actually used, that is capable of performing authentication of the ballots.
In the same round table discussion, COMELEC Law Department Ferdinand Rafanan gave his personal views on some of the issues confronted by the poll body in handling the first nationwide automated election system. Meanwhile, Judge Gabriel T. Ingles,Presiding Judge of Branch 58, RTC-Cebu City, and Founder of theCebu-Citizens Involvement and Maturation for People's Empowerment and Liberation(C-CIMPEL) presented the observations of civil society organizations.Atty. Michael Yu, President of the Integrated Bar of the Philippines, Cebu Chapter, alsoshared his observations as a practitioner.
Retired Court of Appeals Justice and former COMELEC Commissioner Teresita Dy Liacco Flores joined the group in the evening as some of the judges discussed in more detail the challenges they have encountered in a smaller meeting.
The Young Lawyers Association of Cebu (YLAC) co-sponsored the event, with the support from the International Foundation for Electoral Systems (IFES) and the American Bar Association - Role of Law Initiative (ABA-ROLI).
Following up on the very productive Focused Group Discussion on Adjudication of Election Disputes under an Automated Election System on 25 August 2009, Libertas facilitated another discussion on September 4, 2009 from 2pm to 5 pm at the Ilustrado’s Restaurant, Calle Real del Palacio, Intramuros, Manila.
Those who attended the second focused group discussion are as follows:
From the COMELEC: Atty. Ferdinand Rafanan (Comelec Law Department Head), Atty. Albert Rodriguez (Office of Commissioner Rene V. Sarmiento), Atty. Rogelio Benjamin (Office of Armando Velasco), Atty. Raffy Olano (Office of Commissioner Elias Yusoph), Atty. Betty Pizana (ECAD), and Atty. Renato Magbutay (Regional Director); from the Senate Electoral Tribunal: Atty. James Allanigue and Atty. Lamberto Delleva; from the House of Representatives Electoral Tribunal : Atty Daisy Panga Vega and Atty. Annalyn Rodrigazo; from the Supreme Court: Atty Nestor Gadrinab (Office of Chief Justice Reynato S. Puno); from IFES: Beverly Hagerdon Thakur and Chyn San Juan; from the Institute of Autonomy and Governance: Telibert Laoc; from the Philippine Development and Training Foundation: Roehl Joson; from Libertas: Atty. Roberto Cadiz, Atty. Angie Umbac, Atty. Luie Tito F. Guia, Atty. Vincent Pepito F. Yambao, Jr., Jonas Turingan and Elizabeth Revereza. Election lawyer George Erwin Garcia likewise gave his inputs on the discussion.
Libertás facilitated the first of its planned series of Focused Group Discussions on “Adjudication of Election Disputes under an Automated Election System” on Tuesday, 25 August 2009, 3pm to 6pm at Ilustrado’s, Calle Real, Intramuros, Manila.
The series of focused group discussions is in line with the recommendations of the participants in the Public Forum sponsored by Libertás entitled “Prospects of Election Adjudication under an Automated Election System in the Philippines” at the Ambassador’s Sala, Trader’s Hotel, Manila on 3 June 2009, to come up with concrete proposals to the Commission on Elections (COMELEC) as regards the adjudication of election disputes.
Atty. Rogelio Benjamin, a retired COMELEC official and currently serving as consultant to COMELEC Commissioner Armando Velasco, started the discussion by identifying the areas that may be affected by the automated election system. Atty. Benjamin’s presentation was followed by an open discussion led by COMELEC Commissioner Nicodemo T. Ferrer, COMELEC Law Department Head, Atty. Ferdinand Rafanan, and Libertas’ Democratic and Electoral Reforms Desk Head, Atty. Luie Tito F. Guia. Lawyers from the COMELEC including Atty. Erwin Caliba, Atty. Betty Pizaña, Atty. Rafael Olaño, Atty. Abigail Carben, Atty. Robert Rodriguez, and Atty. Melchor Magdamo also gave their inputs to the issues raised in the discussion.
Atty. Irene P. Guevarra and Atty. Daisy Panga Vega, secretaries of the Senate Electoral Tribunal and the House of Representative Tribunal, also participated along with election lawyer Atty. George Erwin Garcia, and Beverly Hagerdon Thakur, IFES Chief of Party.
The next focused group discussion is scheduled on 5 September 2009.
