Sunday, March 3, 2024

SC asked to declare Comelec technical advisory councils illegal

A former lawmaker and a political party have asked the Supreme Court (SC) to declare as violative of the 1987 Constitution the creation of the ?Technical Evaluation Committee (TEC)? and the ?Advisory Council? by the Commission on Elections.

supreme court

The request was contained in a a 75-page petition for certiorari filed by former Biliran Rep. Glenn Chong and the ?Ang Kapatiran Party?.

The ?Advisory Council? is the one making the recommendation on the technology to be used for the ?automated elections,? while the TEC is the one giving the certification that the hardware, software, and other parts of the technology which will be utilized during the elections.

The petitioners claimed that the creation of the Advisory Council and the TEC is violative of the provision of Article 9-C, Section 2 of the 1987 Constitution which defines the power of the Comelec.

According to the petitioners, Congress did not allow the Advisory Council to dictate upon the Comelec about the system to be implemented in the elections.

The petition argued that the creation of the Advisory Council and the TEC was a ?usurpation? on the mandate of the Comelec which is provided for under the 1987 Constitution.

The petitioners claimed the recommendation of the Advisory Council for the Comelec to again use the old PCOS machines, as well as its recommendation on the canvassing, consolidation system and other equipment for the 2016 elections, should also be nullified.

The petitioners asked the SC to issue a writ of prohibition or a temporary restraining order (TRO) that would stop the Advisory Council and the TEC from performing their functions, respectively.

They also urged the SC to order the refund of any amount, per diem or honoraria which were received by the Advisory Council and the TEC, respectively. — PNA


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