BY GEROME DALIPE IV
ILOILO City – Documents of public concern and interest should be readily available to the public.
The Supreme Court (SC) has reminded the Commission on Elections (Comelec) of the importance of transparency to ensure transparency and credibility in the conduct of elections.
Although the tribunal struck down the petition of the Comelec to divulge the details of the automated election system in 2022 for being moot, the High Tribunal stressed the poll body of the constitutional guarantee of all citizens’ access to issues affecting them.
“Such documents are matters of public concern and interest which should be made available, especially considering that unauthorized transmission and communications to and from network nodes plotted in the diagram or architecture may call into question the integrity of the elections,” read the SC decision.
The National Press Club of the Philippines, Automated Election System Watch (AES Watch), and Guardians Brotherhood Inc. earlier filed the mandamus petition before the Supreme Court against Comelec to compel the poll body to use digital signatures during the 2022 national and local elections.
The petitioners also asked the High Court to compel the Comelec to disclose critical information and allow access and inspection of the political parties, candidates, accredited media, and other organizations.
Replying to the petition, Comelec said the petition was already mooted with the conduct of the 2022 elections.
The poll body also argued that mandamus does not lie, saying it did neither neglect the performance of its duties nor exclude another from the enjoyment of a right.
The Comelec argued that it has consistently complied with its duty to use digital signatures in transmitting election returns.
The poll body said it is not enjoined by law to allow access and inspection of the configuration of SD cards and preparation of vote-counting machines.
In the decision, the SC held the petitioners are not entitled to a writ of mandamus to compel Comelec to implement the use of digital signatures since it is not a ministerial duty of the poll body.
The tribunal also laid down requisites for a mandamus to prosper. First, the petitioner must have a clear legal right to the act demanded. Second, it must be the duty of the respondent to perform the act because it is mandated by law.
Third, the respondent unlawfully neglects the duty enjoined by law. Lastly, the act to be performed is ministerial, not discretionary, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law.
Likewise, the tribunal said the Comelec does not have a ministerial duty to allow access to its technical hubs, servers, and data centers.
The law does not mandate the Comelec to allow physical access to its hubs, servers, and data centers, the SC stressed.
In addition, the constitutional right to information does not extend to physical access to facilities and the right is subject to reasonable conditions and limitations.
“We hold therefore, that were it not for the mootness of the issue, the Comelec may be compelled via a writ of mandamus to disclose the complete transmission diagram and data/communications network architecture of the VCMs,” the tribunal said.
The request of the petitioners for Comelec to publicly disclose all details of the transmission router and all devices and equipment may not be granted for being “too broad and vague.”
“Certainly, we cannot compel the Comelec to reveal all details, some of which may contain confidential information, which, if divulged, could pose serious security risks,” the SC stressed./PN
