Bagumbayan-VNP vs COMELEC

GR 222731, March 8 2016

Facts:
Bagumbayan-VNP and former Senator Gordon filed before the SC a petition for mandamus to
compel COMELEC to implement the Voter Verified Paper Audit Trail (VVPAT) which is a security
feature provided under RA 8346, as amended by RA 9369, to ensure the sanctity of the ballot.
The VVPAT functionality is in the form of a printed receipt and a touch screen reflecting the votes
in the vote-counting machine. For the 2016 elections, the COMELEC opted to use vote-counting
machines instead of PCOS. The vote-counting machines are capable of providing the VVPAT
functionality, and for that the COMELEC is now being petitioned to have the vote-counting
machines issue receipts once the person has voted. The COMELEC, however, refused to enable
this feature for reasons that the receipts might be used by candidates in vote-buying and that it
might increase the voting time in election precincts.

Issue: W/N the COMELEC must activate the VVPAT feature of the votecounting machines
Held:
Yes. The minimum functional capabilities enumerated under Section 6 of Republic Act 8436, as
amended, are mandatory.
The law is clear that a voter verified paper audit trail requires the following: (a) individual
voters can verify whether the machines have been able to count their votes; and (b) that the
verification at minimum should be paper based. Under the Constitution, the COMELEC is
empowered to enforce and administer all laws and regulations relative to the conduct of election,
and one of the laws that it must implement is RA 8346 which requires the automated election
system to have the capability of providing a VVPAT. The COMELECs act of not enabling this
feature runs contrary to why the law requires this feature in the first place. ##

The Supreme Court (SC) En Banc ordered the Commission on Elections

(Comelec) on Tuesday to enable the vote verification feature of the vote
counting machines (VCMs) to be used in the May 9, 2016 elections.
However, receipts to be printed are not allowed to be taken out of
voting precincts.

In a press conference, SC Public Information Office (PIO) Chief and

Spokesman Atty. Theodore O. Te said:
In the matter of G.R. No. 222731 (Bagumbayan-VNP Movement Inc.
and Richard J. Gordon v. Comelec), the Court, voting 14-0, rendered the
following Judgment:
WHEREFORE, the Petition for Mandamus is GRANTED. The Commission
on Elections is ORDERED to enable the vote verification feature of the
vote counting machines, which prints the voters choices without
prejudice to the issuance of guidelines to regulate the release and
disposal of the issued receipts to ensure a clean, honest, and orderly
elections such as, but not limited to, ensuring that after voter
verification, receipts should be deposited in a separate ballot box and
not taken out of the precinct.
SO ORDERED.
The decision was written by Associate Justice Marvic Leonen.
Gordon earlier asked the SC to compel the Comelec to activate the
Voter Verified Paper Audit Trail (VVPAT) feature of the automated
election system to be used in the May 9 elections.
Gordon, who was the principal author of Republic Act No. 9369, or the
Automated Elections System Law, and the Bagumbayan-VNP Movement
Inc. filed a 24-page petition for mandamus.
They filed the petition after the Comelec announced that the seven
members of the Comelec En Banc unanimously decided against using
the VVPAT because it could be used as a tool for vote-buying and would
also extend the voting period by seven hours.
In the petition, Gordon argued that the Congress has the constitutional
duty to protect the sanctity of the ballot which is why he ensured that
the safeguards aimed to do this were injected in R.A. 9369.
The VVPAT system allows voters to verify if their ballots were cast
correctly through the issuance of a receipt, showing the names of
candidates that they voted for.

SC orders Comelec to enable VCMs' vote

verification feature for May 9 polls
By Perfecto T. Raymundo Jr.
MANILA, March 8 (PNA) -- The Supreme Court (SC) En Banc
ordered the Commission on Elections (Comelec) on Tuesday to
enable the vote verification feature of the vote counting
machines (VCMs) to be used in the May 9, 2016 elections.
In a press conference, SC Public Information Office (PIO)
Chief and Spokesman Atty. Theodore O. Te said:
"In the matter of G.R. No. 222731 (Bagumbayan-VNP
Movement Inc. and Richard J. Gordon v. Comelec), the Court,
voting 14-0, rendered the following Judgment:
"WHEREFORE, the Petition for Mandamus is GRANTED. The
Commission on Elections is ORDERED to enable the vote
verification feature of the vote counting machines, which prints
the voter's choices without prejudice to the issuance of
guidelines to regulate the release and disposal of the issued
receipts to ensure a clean, honest, and orderly elections such as,
but not limited to, ensuring that after voter verification, receipts
should be deposited in a separate ballot box and not taken out of
the precinct. "SO ORDERED."
The decision was written by Associate Justice Marvic Leonen.
Associate Justice Arturo D. Brion is on leave.
Gordon earlier asked the SC to compel the Comelec to activate
the Voter Verified Paper Audit Trail (VVPAT) feature of the
automated election system to be used in the May 9 elections.

Gordon, who was the principal author of Republic Act No.

9369, or the Automated Elections System Law, and the
Bagumbayan-VNP Movement Inc. filed a 24-page petition for
mandamus.
They filed the petition after the Comelec announced that the
seven members of the Comelec En Banc unanimously decided
against using the VVPAT because it could be used as a tool for
vote-buying and would also extend the voting period by seven
hours.
In the petition, Gordon argued that the Congress has the
constitutional duty to protect the sanctity of the ballot which is
why he ensured that the safeguards aimed to do this were
injected in R.A. 9369.
The VVPAT system allows voters to verify if their ballots were
cast correctly through the issuance of a receipt, showing the
names of candidates that they voted for.
It serves as a deterrent against election fraud and provides a
means to audit stored electronic results.
Gordon, who is running again for senator, expressed
apprehension that with the May 9 elections only less than 100
days away, the Comelec is set anew to commit the same
violation and will do away with an indispensable security
feature that will ensure transparency, honesty and the sanctity of
the ballot.
"Under Section 6(e) of Republic Act No. 9369, which amends
Section 7(c) of Republic Act No. 8436 (The Automated Election
System Law), one of the minimum system capabilities of the

automated election system is that there must be a provision for

Voter Verified Paper Audit Trail (VVPAT)," Gordon argued.
"The VVPAT is therefore a critical and indispensable security
feature of the automated voting machine. Regrettably, however,
the inclusion of this mandatory requirement under the
automated election laws was previously and flagrantly violated
by Respondent during the 2010 and 2013 Elections," he added.
Gordon further argued that Sections 6(e), (f) and (n) of R.A.
8436 as amended by Section 7 of R.A. 9369 is clear and
unequivocal in mandating the use of the VVPAT, that it is not up
to the Comelec whether or not to implement it.
He added that it is a time-honored principle under statutory
construction that a statute must be interpreted in its plain and
concise meaning. (PNA) SCS/PTR