2010 Elections: Maiden Voyage of the AES?

In the recent case of Roque v. COMELEC (GR No 188456), petitioners questioned the propriety of automating the 2010 national and local elections despite the lack of a pilot run during the 2007 elections. Petitioners posited that Sec. 5 of RA 8436, as amended by RA 9369, makes the partial automation in the 2007 elections a precondition for the nationwide automation in 2010.

The respondents, on the other hand, construe the same provision, to mean that automation of 2010 elections is mandated, regardless of the 2007 elections. Sec. 12, which provides the criteria by which the COMELEC is to choose the appropriate automated election system (AES), does not include the partial automation in the 2007 elections as a requirement.

The Supreme Court agreed with the respondents. The Court held that the law is clear in mandating the nationwide automation of the May 2010 national and local elections. The Court also pointed out that the Congress, in enacting RA 9525, was fully aware of RA 9369 and the fact that there was no automation in the 2007 elections, and that in appropriating the P11.3B for the automation of the May 2010 elections should put to rest any question as to the intent of Congress not to require the 2007 pilot run.

I think it's great that the Court validated the automation of the 2010 elections, so that we can start a new era of cleaner elections. Efforts at automating the elections began in the 90's, and yet ere we are, still awaiting the resolution of the MR. If we had been able to automate in the 2004 elections, Garci wouldn't have become as famous as he did. And he wouldn't have had the very long vacation, where no one seemed to know where he went, that he did.